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Articles 61 - 90 of 194
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Cruelty To The Mentally Ill: An Eighth Amendment Challenge To The Abolition Of The Insanity Defense, Stephen M. Leblanc
Cruelty To The Mentally Ill: An Eighth Amendment Challenge To The Abolition Of The Insanity Defense, Stephen M. Leblanc
American University Law Review
This Comment addresses the present gap in insanity-defense laws
created by the defense’s abolition and offers an Eighth Amendment
based remedy. Part I reviews the history and evolution of the insanity
defense in Anglo-American law. It then describes how four states
have statutorily abolished the defense. It concludes with a discussion
of Clark v. Arizona, the Court’s most recent decision on the
constitutionality of the insanity defense. Part II turns to the Eighth
Amendment, examining its historical understanding and the
contemporary evolving-standards-of-decency analysis, through which
the Court assesses the constitutionality of modern-day punishments.
Part II concludes with a discussion of …
On Mock Funerals, Banners, And Giant Rat Balloons: Why Current Interpretation Of Section 8(B)(4)(Ii)(B) Of The National Labor Relations Act Unconstitutionality Burdens Union Speech, Kate L. Racokzy
American University Law Review
This Comment discusses whether the government may prohibit unions from engaging in types of secondary protest like mock funerals. Since 1959, § 8(b)(4)(ii)(B) of the National Labor Relations Act (“NLRA” or “the Act”) has made it illegal for unions to “threaten, coerce, or restrain” secondary employers into severing their business ties with primary employers. Precisely what forms of protest this provision outlaws, however, is unclear. On one end of the spectrum, courts almost always find that picketing secondary employers constitutes illegal coercion, for courts see pickets as having a unique power to induce automatic action. On the other end, the …
Gender Curve: An Analysis Of Colleges' Use Of Affirmative Action Policies To Benefit Male Applicants, Debra Franzese
Gender Curve: An Analysis Of Colleges' Use Of Affirmative Action Policies To Benefit Male Applicants, Debra Franzese
American University Law Review
This comment evaluates the constitutionality of affirmative action policies that benefit male students. Part I sets out background information about potential causes of action and remedies for female students who challenge affirmative action policies that benefit male students. Section A discusses the Equal Protection Clause of the Fourteenth Amendment and the development of the law regarding universities’ use of racial affirmative action policies. Section B discusses potential remedies under Title IX of the Education Amendments of 1972 (“Title IX”) and the similarity between Title IX and Title VI of the Civil Rights Act (“Title VI”). Section C discusses state remedies …
Tom Delay, Robert Torricelli, And Political Party Maneuvering: Why The First Amendment Associational Rights Of Political Parties Should Be Extended To Include Candidate Replacement , Kevin M. Baker
American University Law Review
This Comment analyzes whether the First Amendment
associational rights of the major political parties should include
candidate replacement and argues that the rights of parties to define
who votes in the primary logically should be extended to include a
right to replace candidates on the ballot after a withdrawal. Based on
the more recent Supreme Court cases finding greater freedom of
association for political parties, this Comment will focus on the 2002
replacement of Robert Torricelli in the New Jersey U.S. Senate
election and the 2006 failure to replace Tom DeLay in the Texas
22nd Congressional District U.S. House of …
A Proposal To Rescue New York Times V. Sullivan By Promoting A Responsible Press, Benjamin Barron
A Proposal To Rescue New York Times V. Sullivan By Promoting A Responsible Press, Benjamin Barron
American University Law Review
No abstract provided.
Comparative Evidence Or Common Experience: When Does "Substantial Limitation" Require Proof Under The Americans With Disabilities Act?, Cheryl L. Anderson
Comparative Evidence Or Common Experience: When Does "Substantial Limitation" Require Proof Under The Americans With Disabilities Act?, Cheryl L. Anderson
American University Law Review
No abstract provided.
Comparative Constitutional Advocacy , Mark C. Rahdert
Comparative Constitutional Advocacy , Mark C. Rahdert
American University Law Review
When the Supreme Court handed down its decision in Roper v. Simmons, a longstanding debate about comparative analysis in constitutional cases came to national prominence. In Roper the Court relied in part on comparative precedent in ruling that the execution of juvenile offenders violates the Eighth Amendment's proscription against cruel and unusual punishment. This look beyond our borders earned the Supreme Court both accolades and scathing criticism. This article comprehensively evaluates the place of comparative analysis in our constitutional jurisprudence. It discusses and adds to the arguments in support of comparative constitutional advocacy offered by several leading scholars, and responds …
The New Journalism? Why Traditional Defamation Laws Should Apply To Internet Blogs, Melissa A. Troiano
The New Journalism? Why Traditional Defamation Laws Should Apply To Internet Blogs, Melissa A. Troiano
American University Law Review
No abstract provided.
The California Missions Preservation Act: Safeguarding Our History Or Subsidizing Religion?, Stacey L. Mahaney
The California Missions Preservation Act: Safeguarding Our History Or Subsidizing Religion?, Stacey L. Mahaney
American University Law Review
No abstract provided.
Pharmacy Conscience Clause Statutes: Constitutional Religious "Accommodations" Or Unconstitutional "Substaintial Burdens" On Women?, Melissa Duvall
Pharmacy Conscience Clause Statutes: Constitutional Religious "Accommodations" Or Unconstitutional "Substaintial Burdens" On Women?, Melissa Duvall
American University Law Review
No abstract provided.
Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum
Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum
American University Law Review
No abstract provided.
Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum
Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum
American University Law Review
No abstract provided.
The "New Judicial Federalism" Before Its Time: A Comprehensive Review Of Economic Substantive Due Process Under State Constitutional Law Since 1940 And The Reasons For Its Recent Decline, Anthony B. Sanders
American University Law Review
The coming of the New Deal may have spelled the end of the Lochner era in the federal courts, but in the state courts Lochner's doctrine of economic substantive due process lives on. Since the New Deal, courts in almost every state have rebuffed the United States Supreme Court and have interpreted their own state constitutions' due process clauses to provide substantive protections to economic liberties. This Article presents a comprehensive survey of state court use of economic substantive due process since the New Deal. It includes an enumeration of every instance since 1940 of a state court of highest …
Homegrown Child Pornography And The Commerce Clause: Where To Draw The Line On Interstate Production Of Child Pornography, Lauren Bianchini
Homegrown Child Pornography And The Commerce Clause: Where To Draw The Line On Interstate Production Of Child Pornography, Lauren Bianchini
American University Law Review
No abstract provided.
The Historical Amendability Of The American Constitution: Speculations On An Empirical Problematic, Darren R. Latham
The Historical Amendability Of The American Constitution: Speculations On An Empirical Problematic, Darren R. Latham
American University Law Review
No abstract provided.
The Nyse As State Actor?: Rational Actors, Behavioral Insights & Joint Investigations, Steven J. Cleveland
The Nyse As State Actor?: Rational Actors, Behavioral Insights & Joint Investigations, Steven J. Cleveland
American University Law Review
No abstract provided.
A Process Right Due? Examining Whether A Capital Defendant Has A Due Process Right To A Jury Selection Expert, Steven C. Serio
A Process Right Due? Examining Whether A Capital Defendant Has A Due Process Right To A Jury Selection Expert, Steven C. Serio
American University Law Review
No abstract provided.
Human Agency, Negated Subjectivity, And White Structural Oppression: An Analysis Of Critical Race Practive/Praxis, Reginald Leamon Robinson
Human Agency, Negated Subjectivity, And White Structural Oppression: An Analysis Of Critical Race Practive/Praxis, Reginald Leamon Robinson
American University Law Review
No abstract provided.
Re-Balancing State And Federal Power: Toward A Political Principle Of Subsidiarity In The United States, Jared Bayer
Re-Balancing State And Federal Power: Toward A Political Principle Of Subsidiarity In The United States, Jared Bayer
American University Law Review
No abstract provided.
Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action, Reginald Oh
Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action, Reginald Oh
American University Law Review
No abstract provided.
Endorsing Religion: Drug Courts And The 12-Step Recovery Support Program, Emily M. Gallas
Endorsing Religion: Drug Courts And The 12-Step Recovery Support Program, Emily M. Gallas
American University Law Review
No abstract provided.
The Networking Economic Effects Of Whiteness, Brant T. Lee
The Networking Economic Effects Of Whiteness, Brant T. Lee
American University Law Review
Network economic analysis provides an important and intuitive explanation of racial inequality. In short, Whiteness is Microsoft's Windows operating system, or the QWERTY keyboard, or the standard (non-metric) measurement system, and difficult to dislodge for many of the same reasons. Network effects explain how the establishment of a dominant market standard 1) can be contingent on historical context, 2) does not necessarily derive from superior intrinsic merit, and 3) exhibits strong self-reinforcing characteristics that can maintain the dominance of the standard in perpetuity, even in the absence of any explicit or conscious determination to maintain it. All of these factors …
Monolith Or Mosaic: Can The Federal Communications Commission Legitimately Pursue A Repetition Of Local Content At The Expense Of Local Diversity?, Cheryl A. Leanza
Monolith Or Mosaic: Can The Federal Communications Commission Legitimately Pursue A Repetition Of Local Content At The Expense Of Local Diversity?, Cheryl A. Leanza
American University Law Review
No abstract provided.
Media Concentration: A Case Of Power, Ego, And Greed Confronting Our Sensibilities, W. Curtiss Priest
Media Concentration: A Case Of Power, Ego, And Greed Confronting Our Sensibilities, W. Curtiss Priest
American University Law Review
No abstract provided.
The Politics And Policy Of Media Ownership, Ben Scott
The Politics And Policy Of Media Ownership, Ben Scott
American University Law Review
No abstract provided.
On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips
On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips
American University Law Review
No abstract provided.
Comments On The Fcc's Recent Mass Media Ownership Decision, William Fishman
Comments On The Fcc's Recent Mass Media Ownership Decision, William Fishman
American University Law Review
No abstract provided.
Transcript For Panel Discussion- Regulating Media Competition: The Development And Implications Of The Fcc’S New Broadcast Ownership Rules, American University Law Review
Transcript For Panel Discussion- Regulating Media Competition: The Development And Implications Of The Fcc’S New Broadcast Ownership Rules, American University Law Review
American University Law Review
No abstract provided.
Critical Race Histories: In And Out, Darren Lenard Hutchinson
Critical Race Histories: In And Out, Darren Lenard Hutchinson
American University Law Review
No abstract provided.
The Constitution At The Threshold Of Life And Death: A Suggested Approach To Accommodate An Interest In Life And A Right To Die, Michael P. Allen
The Constitution At The Threshold Of Life And Death: A Suggested Approach To Accommodate An Interest In Life And A Right To Die, Michael P. Allen
American University Law Review
In the past fifteen years, the United States Supreme Court has decided three cases in which it tentatively began to explore what the United States Constitution has to say about issues that are popularly described as the "right to die." In this article, I suggest that the current state of constitutional analysis does not provide for an effective mechanism for securing an individual's "right to die," at least not without undervaluing a state's interest in the preservation of human life should a state choose to take such a position. In the article, I suggest that it is possible to adopt …