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Articles 91 - 120 of 302
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The Dead Hand Of The Architect, Daniel A. Farber
The Dead Hand Of The Architect, Daniel A. Farber
Daniel A Farber
No abstract provided.
Constitutional Cadenzas, Daniel A. Farber
The Ninth Amendment And Individual Rights: A Reply To Professor Mcaffee, Daniel A. Farber
The Ninth Amendment And Individual Rights: A Reply To Professor Mcaffee, Daniel A. Farber
Daniel A Farber
No abstract provided.
Place-Based Theory Of Standing, A, Daniel A. Farber
Place-Based Theory Of Standing, A, Daniel A. Farber
Daniel A Farber
No abstract provided.
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
Daniel A Farber
No abstract provided.
The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber
The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber
Daniel A Farber
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber
Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber
Daniel A Farber
No abstract provided.
Who Should Be The ‘Decider’ On Keeping Our Secrets?, Stephen E. Henderson
Who Should Be The ‘Decider’ On Keeping Our Secrets?, Stephen E. Henderson
Stephen E Henderson
Can We Find A Balance Between Privacy Andsecurity?, Alan E. Garfield
Can We Find A Balance Between Privacy Andsecurity?, Alan E. Garfield
Alan E Garfield
No abstract provided.
Religious Pretenders In The Courts: Unmasking The Imposters, John O. Hayward
Religious Pretenders In The Courts: Unmasking The Imposters, John O. Hayward
John O. Hayward
When courts decide First Amendment “Free Exercise” cases, they often are confronted with the daunting task of defining what exactly is a “religion.” This article examines how judicial definitions and interpretations of religious faith have evolved over many decades, including legal recognition of Wicca (modern day witchcraft) and Hare Krishna as “religions,” as well as courts steering clear of the issue whenever possible, for example, when faced with an adherent of the “Church of Body Modification” who claims her employer’s dress code violates her religion. It also explores how courts have sought to uncover deception and fraud hiding behind disingenuous …
Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper
Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper
Ty Alper
No abstract provided.
Stealth Constitutional Change And The Geography Of Law, Jill M. Fraley
Stealth Constitutional Change And The Geography Of Law, Jill M. Fraley
Jill M. Fraley
Bruce Ackerman's recent book, The Decline and Fall of the American Republic, is a sudden shift from his previous scholarship on constitutional moments and the ability of social movements to generate minor revolutions. By acknowledging how constitutional change did not fit into his model of deliberate, deeply debated movements, Ackerman has shifted the scholarly lens to unintentional and unanticipated structural variations. Ackerman focuses his book on the political processes and events that have fostered potentially illegitimate constitutional remodeling. He acknowledges that certain features of legal scholarship have contributed to a lack of awareness of slow, structural drift, but he does …
Reverse-Commandeering, Margaret Hu
Reverse-Commandeering, Margaret Hu
Margaret Hu
Although the anti-commandeering doctrine was developed by the Supreme Court to protect state sovereignty from federal overreach, nothing prohibits flipping the doctrine in the opposite direction to protect federal sovereignty from state overreach. Federalism preserves a balance of power between two sovereigns. Thus, the reversibility of the anti-commandeering doctrine appears inherent in the reasoning offered by the Court for the doctrine’s creation and application. In this Article, I contend that reversing the anti-commandeering doctrine is appropriate in the context of contemporary immigration federalism laws. Specifically, I explore how an unconstitutional incursion into federal sovereignty can be seen in state immigration …
The Rivers State Legislative Acrobatics: Democracy On Trial, Johnmary Chukwukasi Jideobi Esq.
The Rivers State Legislative Acrobatics: Democracy On Trial, Johnmary Chukwukasi Jideobi Esq.
JOHNMARY CHUKWUKASI JIDEOBI Esq.
Many events in the recent Nigerian political environment have clearly shown how long it may take the country's political class to embrace the core tenets of democracy which form the very foundation and fountain of the much needed transformative leadership. The political atmosphere in the Nigerian space is just too acrimonious. No doubt, it is still a long walk to freedom. This article makes a humble attempt to unravel the political tango that engulfed the Rivers State of Nigeria in recent times. In the main, it examines the legal implications of the attempt by a tiny fraction of the House …
Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention, Jennifer Daskal
Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention, Jennifer Daskal
Jennifer Daskal
This Article exposes the ways in which non-custodial, pre-crime restraints have proliferated over the past decade, focusing in particular on three notable examples – terrorism-related financial sanctions, the No Fly List, and the array of residential, employment, and related restrictions imposed on sex offenders. Because such restraints do not involve physical incapacitation, they are rarely deemed to infringe core liberty interests. Because they are preventive, not punitive, none of the criminal law procedural protections apply. They have exploded largely unchecked – subject to little more than bare rationality review and negligible procedural protections – and without any coherent theory as …
Naming Constitutions And Constitutional Text In The Early American Republic, Peter J. Aschenbrenner
Naming Constitutions And Constitutional Text In The Early American Republic, Peter J. Aschenbrenner
Peter J. Aschenbrenner
From the beginning of the nation (October 7, 1777) to the disaster of Dred Scott (March 6, 1857), the United States has produced thirty-two articles worth of constitutioinal text, in 133 constitutional text units, beginning with the Articles of Confederation (opening date noted above). OCL names all the writings and groups them, for the first time.
Table Annexed To Article: Naming Constitutions/ Constitutional Text In The Early American Republic, Peter J. Aschenbrenner
Table Annexed To Article: Naming Constitutions/ Constitutional Text In The Early American Republic, Peter J. Aschenbrenner
Peter J. Aschenbrenner
From the beginning of the nation to disaster of Dred Scott (March 6, 1857), the United States has produced twenty-one writings which may be grouped as constitutional text units after the Articles of Confederation. OCL names all the writings and groups them, for the first time.
Blasphemy In A Secular State: Some Reflections, Belachew M. Fikre
Blasphemy In A Secular State: Some Reflections, Belachew M. Fikre
Belachew M Fikre
Anti-blasphemy laws have endured criticism in light of the modern, secular and democratic state system of our time. For example, Ethiopia’s criminal law provisions on blasphemous utterances, as well as on outrage to religious peace and feeling, have been maintained unaltered since they were enacted in 1957. However, the shift observed within the international human rights discourse tends to consider anti-blasphemy laws as going against freedom of expression. The recent Human Rights Committee General Comment No. 34 calls for a restrictive application of these laws for the full realisation of many of the rights within the International Covenant on Civil …
Public Assistance, Drug Testing And The Law: The Limits Of Population-Based Legal Analysis, Candice Player
Public Assistance, Drug Testing And The Law: The Limits Of Population-Based Legal Analysis, Candice Player
Candice T Player
In Populations, Public Health and the Law, legal scholar Wendy Parmet urges courts to embrace population-based legal analysis, a public health inspired approach to legal reasoning. Parmet contends that population-based legal analysis offers a way to analyze legal issues—not unlike law and economics—as well as a set of values from which to critique contemporary legal discourse. Population-based analysis has been warmly embraced by the health law community as a bold new way of analyzing legal issues. Still population-based analysis is not without its problems. At times Parmet claims too much territory for the population-perspective. Moreover Parmet urges courts to recognize …
A Comprehensive Approach To Bridging The Gap Between Cyberbullying Rules And Regulations And The Protections Offered By The First Amendment For Off-Campus Student Speech, Vahagn Amirian
Vahagn Amirian
No abstract provided.
Maxim Constitutionalism: Liberal Equality For The Common Good, Alexander Tsesis
Maxim Constitutionalism: Liberal Equality For The Common Good, Alexander Tsesis
Alexander Tsesis
No abstract provided.
Footholds Of Constitutional Interpretation, Alexander Tsesis
Footholds Of Constitutional Interpretation, Alexander Tsesis
Alexander Tsesis
No abstract provided.
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron
Charles H. Baron
In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state supreme courts. …
Whither Affirmative Action: A Look At Recent Court Decisions, Tanya M. Marcum J.D.
Whither Affirmative Action: A Look At Recent Court Decisions, Tanya M. Marcum J.D.
Tanya M. Marcum J.D.
The concept of “affirmative action” has held a place in the legal system for well over a thousand years. However, the term “affirmative action” has recently been used and applied in varying ways, causing confusion and outright hostility throughout our nation. The concept of “affirmative action” the term “affirmative action” and the practice of “affirmative action” are still with us giving rise to continuing legal attention and political focus. This article will explore the history of and uses of affirmative action, examine the recent cases before the courts, and finally, make predictions as to the future of affirmative action and …
Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo
Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo
Jesse H Choper
No abstract provided.
Did Last Term Reveal A Revolutionary States' Rights Movement Within The Supreme Court, Jesse H. Choper
Did Last Term Reveal A Revolutionary States' Rights Movement Within The Supreme Court, Jesse H. Choper
Jesse H Choper
Discusses the implications of the ruling in the Supreme Court case `United States v. Alfonso Lopez Jr.' Whether the judiciary can effectively police federalism disputes; Comments on Professor Robert Nagel's analysis of the case; Discussion of similar cases challenging the federal government.
The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper
The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper
Jesse H Choper
No abstract provided.
On The Difference In Importance Between Supreme Court Doctrine And Actual Consequences: A Review Of The Supreme Court's 1996-1997 Term, Jesse H. Choper
On The Difference In Importance Between Supreme Court Doctrine And Actual Consequences: A Review Of The Supreme Court's 1996-1997 Term, Jesse H. Choper
Jesse H Choper
No abstract provided.
"Kill The Sea Turtles" And Other Things You Can't Make The Government Say, Scott W. Gaylord
"Kill The Sea Turtles" And Other Things You Can't Make The Government Say, Scott W. Gaylord
Scott W. Gaylord
In Pleasant Grove City v. Summum, the Supreme Court confirmed that there is no heckler’s veto under the government speech doctrine. When speaking, the government has the right to speak for itself and to select the views that it wants to express. But the Court acknowledged that sometimes it is difficult to determine whether the government is actually speaking. Specialty license plates have proven to be one of those difficult situations, raising novel and important First Amendment issues. Six circuits have reached four separate conclusions regarding the status of messages on specialty license plates. Three circuits have held that …
Saving Disparate Impact, Lawrence Rosenthal