Suppress or suspend: New York's exclusionary rule in school disciplinary proceedings
Article Abstract:
The exclusionary rule based on New York's state constitution should be applied to school disciplinary cases. In the case of Juan C. v. Cortines, a New York Appellate Division court determined that the exclusionary rule should have been applied. The Court of Appeals did not rule on the issue. Costs of applying the exclusionary rule in school disciplinary proceedings include additional litigation, a chilling effect on enforcement, and risks to student safety. The exclusionary rule's benefits include deterrence, preservation of administrative integrity and the school environment, and its educative effect concerning government power and rights.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1997
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Of sausage factories and syllogism machines: formalism, realism, and exclusionary selection techniques
Article Abstract:
Supreme Court Justices believe in the creative task of judge and jury to interpret laws which are indeterminate. It is possible to ascertain this attitude based upon decisions in six 1991 cases involving racial discrimination in judge or jury selection. Such a realist attitude is not explicitly claimed by the Justices who rather hold to the theory of formalism which sees law as determinate, with judges and juries obliged to discover the objective truth.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1992
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Media concentration and democracy
Article Abstract:
Commentary and discussion focus on effects to democratic society when media becomes concentrated, owned by only a few corporate entities, and globalized.
Publication Name: Annual Survey of American Law
Subject: Law
ISSN: 0066-4413
Year: 1999
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- Abstracts: IRS and courts rule on exclusion of damages received in employment discrimination and benefit plan cases. IRA proceeds included in decedent's estate; 1986 TRA transition rules not applicable
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