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Volume 12, Issue 2 (2002)

The Seton Hall Constitutional Law Journal ceased publication in 2002.

Editorial Board

Editorial Board - Vol. 12, Nos. 2&3 Spring & Summer 2002

Table of Contents

Table of Contents

Article

Associate Justice Thurgood Marshall: An Indispensable Voice in the Struggle for the Civil Rights of People with Disabilities
Edward H. Haas

Comment

The Constitutionality of Virtual Child Pornography: Why Reality and Fantasy Are Still Different Under the First Amendment
Aimee G. Hamoy

Casenotes

Fourteenth Amendment - The Due Process Clause - Immigration and Nationality Act - It Is Unlawful for the Government to Detain an Alien Indefinitely Beyond the Statutorily Mandated Removal Period - Zadvydas v. Davis, 121 S. Ct. 2491 (2001).
Christie Del Rey

Eleventh and Fourteenth Amendments - Americans with Disabilities Act - Government Regulation Authorizing Suit by Private Individuals in Federal Court for Money Damages Against the State for Violations of Title I of the Act Invalid - Board of Trustees of University of Alabama v. Garrett, 531 U.S. 356 (2001).
Marita Skye Erbeck

Fourth Amendment - Search and Seizure - Checkpoints Established with the Primary Purpose of Interdicting Illegal Narcotics Violate the Fourth Amendment's Guarantee Against Unreasonable Searches and Seizures - Indianapolis v. Edmond, 531 U.S. 32 (2000).
Darcelle Gleason

Article I - Separation of Powers - Non-Delegation Doctrine-Construction of Clean Air Act Provision Requiring Environmental Protection Agency to Set Air Quality Standards at a Level Requisite to Protect the Public Health with an Adequate Margin of Safety Is Not an Unconstitutional Delegation of Legislative Power - Whitman v. American Trucking Ass'ns, Inc., 531 U.S. 457 (2001).
Marion Johnson

Fourteenth Amendment - Americans with Disabilities Act of 1990 - Public Accommodations - Professional Athletic Association Prohibited From Denying Golfer Afflicted with a Degenerative Circulatory Disorder Equal Access to Its Tournaments and Qualifying Stages, Because the Use of a Golf Cart Is Not a Modification That Would "Fundamentally Alter the Nature" or Professional Tours or Events - PGA Tour, Inc. v. Martin, 121 S. Ct. 1879 (2001).
Timothy J. Lowry

Fourteenth Amendment - Procreational Autonomy as a Fundamental Attribute of the Privacy Rights - Where the Right to Procreate and the Right Not to Procreate Are in Direct Conflict Over the Disposition of Frozen Embryos, Ordinarily, the Party Wishing to Avoid Procreation Should Prevail. J.B. v. M.B., 2001 N.J. LEXIS 955, at *1 (N.J. Aug. 14, 2001).
Lauren N. Makar

Fourteenth Amendment - Deeds of Private Organizations Constitute State Actions Under the Fourteenth Amendment Where There Is Pervasive Entwinement Between the Private Organization and a Governmental Entity - Brentwood Academy v. Tennessee Secondary School Athletic Association, 121 S. Ct. 924 (2001).
Lisa Mastrogiovanni

Article I - Copyright Law - A Publisher of Collective Works Is Not Shielded by the § 201 (c) Privilege From Charges of Infringement When a Freelance Article Contributed to the Collection Is Placed in an Electronic Database Without the Consent of the Author - New York Times Company, Inc. v. Tasini, 533 U.S. 483 (2001).
Michele Montuore

Fourth Amendment - Search and Seizure - A Thermal-Imaging Scan of a Private Residence From a Public Vantage Point in Order to Detect Heat Emanating From That Residence Constitutes a Fourth Amendment Search - Kyllo v. United States, 533 U.S. 27 (2001).
Robert L. Selvers

Fourteenth Amendment - The Equal Protection Clause - No State Shall Make or Enforce Any Law Which Shall Abridge the Privileges or Immunities of Citizens of the United States... Nor Deny to Any Person Within Its Jurisdiction the Equal Protection of the Laws. Bush v. Gore, 531 U.S. 98 (2000).
Susan L. Swatski

Surveys

Fourteenth Amendment - The Civil Rights Act of 1964 & the Americans with Disabilities Act of 1990 - The Federal Arbitration Act - The EEOC May Pursue Victim-Specific Relief Despite the Existence of a Valid, Enforceable Arbitration Agreement Between an Employer and Its Employee - Equal Employment Opportunity Commission v. Waffle House, Inc., 122 S. Ct. 754 (2002).
Timothy J. Lowry

First Amendment - Content-Neutral Time, Place, Manner Restrictions on Free Speech - A Municipality's Park Ordinance That Requires a Permit to Assemble More Than Fifty People Is Facially Constitutional - Thomas v. Chicago Park District, 122 S. Ct. 775 (2002).
Kate Yannitte

The Constitution of the United States

The Constitution of the United States of America

New Jersey State Constitution

New Jersey State Constitution 1947