Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional law (3)
- Elizabeth Cady Stanton (3)
- Women's rights (3)
- Gender equality (2)
- Marital property (2)
-
- Assault weapons (1)
- Constitution (1)
- Constitution of Japan (1)
- Constitutional convention (1)
- DataOhio (1)
- Establishment Clause (1)
- First Amendment (1)
- Free speech (1)
- Horace Greeley (1)
- KENPO (1)
- Marriage (1)
- Nobility clauses (1)
- Nobility loopholes (1)
- OhioCheckbook (1)
- Open data (1)
- Panhandling (1)
- Public records (1)
- Reed (1)
- Reed v City of Gilbert (1)
- Religious freedom (1)
- Standards of scrutiny (1)
- Suffrage (1)
- The Federalist (1)
- Women's history (1)
Articles 1 - 9 of 9
Full-Text Articles in Entire DC Network
The Religious Freedom Waltz: Going Forward While Moving Back, Audra L. Savage
The Religious Freedom Waltz: Going Forward While Moving Back, Audra L. Savage
ConLawNOW
Although religious freedom has the distinction as the “first freedom,” it is not first in terms of protected rights. Religious freedom is under attack and if not shielded from potential threats, this quintessential American right may be lost altogether. Or at least, this is what U.S. law professors Andrew Koppelman and Steven D. Smith would have one believe, according to books each professor recently published. Unfortunately, they are not exaggerating. Volumes of articles and tomes have been written questioning, critiquing and criticizing (and lamenting, blasting and ridiculing) the decisions of the U.S. Supreme Court adjudicating the religion clauses of the …
Open Data, Charles Roman
Open Data, Charles Roman
ConLawNOW
With two recent initiatives, OhioCheckbook.com and DataOhio, Ohio is on the cutting edge of the open data movement, and with the right decisions and policies, it can become one of the leading states in the nation for access to open data, voluntarily and proactively released by the government. It is the future of public records. Rather than merely responding to requests, governments can post information online and citizens can more easily access the data thanks to advances in technology. Technology has changed the way public records are collected, stored, and made available. People no longer have to make requests for …
Assault Weapon Bans: Can They Survive Rational Basis Scrutiny?, Clayton E. Cramer
Assault Weapon Bans: Can They Survive Rational Basis Scrutiny?, Clayton E. Cramer
ConLawNOW
In the last two decades, legislatures and courts have been increasingly willing to argue that a certain class of firearms termed “assault weapons” are not protected by the Second Amendment, and may be regulated or banned even though functionally identical firearms are not generally subject to such laws. Do such underinclusive bans survive even the lowest level of scrutiny: rational basis?
Tying The Knot With A Surname? The Constitutionality Of Japan's Law Requiring A Same Marital Name, Koji Higashikawa
Tying The Knot With A Surname? The Constitutionality Of Japan's Law Requiring A Same Marital Name, Koji Higashikawa
ConLawNOW
The Japanese Supreme Court issued a decision denying married women the right to retain their separate maiden name legally after marriage. It upheld the constitutionality of an old law requiring both marital partners to adopt the same surname. This essay by a Japanese scholar provides insight and explanation into the Supreme Court’s decision.
Why We Need Reed: Unmasking Pretext In Anti-Panhandling Legislation, Joseph Mead
Why We Need Reed: Unmasking Pretext In Anti-Panhandling Legislation, Joseph Mead
ConLawNOW
The First Amendment severely disfavors content-based restrictions on speech in public areas. In its 2015 decision in Reed v. Town of Gilbert, the Supreme Court clarified the test for determining whether a speech restriction is content-based, ratcheting up the number of laws subject to strict scrutiny. While this decision has been criticized by some, I argue that, at least in the context of anti-panhandling legislation, Reed was a needed answer to local governments passing overly broad restrictions motivated by a desire to drive an unpopular type of speech from the city square. I use anti-panhandling ordinances from three local jurisdictions—the …
Domestic Disorders: Suffrage And New York's Constitutional Convention Of 1867, Felice Batlan
Domestic Disorders: Suffrage And New York's Constitutional Convention Of 1867, Felice Batlan
ConLawNOW
In this essay, Felice Batlan discusses New York State’s Constitutional Convention of 1867. She argues that it is (at least in part) the outcome of this convention and the antagonisms that it created that further propelled Elizabeth Cady Stanton and Susan Anthony to align with interests opposing African-American suffrage. It also shows the absolute mess of pursuing suffrage on a state by state basis and how legislators themselves equated the voting of African American men with women’s suffrage. The essay is part of a larger project in conversation with scholarship about Reconstruction in the North and a second body of …
Sexual Exploitation In The Rhetoric Of Elizabeth Cady Stanton, Lisa Shawn Hogan
Sexual Exploitation In The Rhetoric Of Elizabeth Cady Stanton, Lisa Shawn Hogan
ConLawNOW
In this essay, Lisa Hogan explores Elizabeth Cady Stanton’s attacks on marriage, including her critique of the institution of marriage and her support of liberal divorce laws. It reveals that Stanton’s most controversial writings addressed woman’s sexuality in a broader context, including discussions of sexual exploitation and infanticide.
The Origins Of Constitutional Gender Equality In The Nineteenth-Century Work Of Elizabeth Cady Stanton, Tracy Thomas
The Origins Of Constitutional Gender Equality In The Nineteenth-Century Work Of Elizabeth Cady Stanton, Tracy Thomas
ConLawNOW
This introduction to the symposium previews the colloquium held at the Center for Constitutional Law at Akron on the intellectual work of pioneering feminist Elizabeth Cady Stanton. It highlights the talks from scholars in law, history, and women’s studies, published in this symposium issue, that explore Stanton’s philosophical and political work for gender equality in the political, domestic, and religious spheres.
Restoring Nobility To The Constitution: A Modern Approach To A Founding Principle, Marc A. Greendorfer
Restoring Nobility To The Constitution: A Modern Approach To A Founding Principle, Marc A. Greendorfer
ConLawNOW
It is common lore in the United States that our federal government was structured with a number of checks and balances that ensure, at a minimum, the equal application of law among all citizens. While there are indeed such structural mechanisms embedded in the Constitution, they don’t always work as intended and, in fact, at times they fail utterly to prevent blatant abuses of the rule of law by the vast and growing political class in America. Our political office holders (and their favored constituents) can, and do, pick and choose which laws apply to them and, more importantly, which …