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Articles 1 - 30 of 43
Full-Text Articles in Entire DC Network
Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak
Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak
Chicago-Kent Law Review
The exclusionary rule, which bars from admission evidence obtained in violation of the Fourth Amendment's prohibition of unreasonable searches and seizures, is a bedrock of American law. It is highly controversial, but there seems to be no equally effective way to protect citizens' rights. This paper proposes that an admissibility standard be adopted that is in keeping with virtually every jurisdiction around the world other than the United States. Thus, before ruling evidence inadmissible, the court would consider the level of the constitutional violation, the seriousness of the crime, whether the violation casts substantial doubt on the reliability of the …
Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power
Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power
Garrett Power
In the American constitutional system the sovereign has the power to enact “regulations which are necessary to the common good and general welfare.” But the Fifth Amendment to the United States Constitution proscribes that : “No person shall be . . . deprived of . . . property, without due process of law; nor shall private property be taken for public use, without just compensation.” And the question of whether a sovereign regulation has “taken” private property without just compensation has puzzled the United States Supreme Court for over two hundred years in over four hundred cases. This paper chronicles …
Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr.
Police Paternalism: Community Caretaking, Assistance Searches, And Fourth Amendment Reasonableness, Michael R. Dimino, Sr.
Washington and Lee Law Review
No abstract provided.
Freedom Of Expression In The United Kingdom Under The Human Rights Act 1998, Eric Barendt
Freedom Of Expression In The United Kingdom Under The Human Rights Act 1998, Eric Barendt
Indiana Law Journal
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.
A Comparison Of The Freedom Of Speech Of Workers In French And American Law, Patrick Morvan
A Comparison Of The Freedom Of Speech Of Workers In French And American Law, Patrick Morvan
Indiana Law Journal
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.
Free Speech And National Security, Geoffrey R. Stone
Free Speech And National Security, Geoffrey R. Stone
Indiana Law Journal
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.
Boumediene’S Quiet Theory: Access To Courts And The Separation Of Powers., Stephen I. Vladeck
Boumediene’S Quiet Theory: Access To Courts And The Separation Of Powers., Stephen I. Vladeck
Articles in Law Reviews & Other Academic Journals
At the core of Justice Kennedy's majority opinion in Boumediene v. Bush are his repeated suggestions that habeas corpus is an integral aspect of the separation of powers, and that, as such, the writ remains relevant even when the individual rights of those who would seek its protections are unclear. And whereas some might view these passages as little more than rhetorical flourishes, it is difficult to understand the crux of Kennedy's analysis - of why the review available to the Guantanamo detainees failed to provide an adequate alternative to habeas corpus - without understanding the significance of his separation-of-powers …
States Of Resistance: The Real Id Act And The Limits Of Federal Deputization Of State Agencies In The Regulation Of Non-Citizens, Shirley Lin
Elisabeth Haub School of Law Faculty Publications
The goal of this Article is to discuss the justiciability of issues arising under immigration federalism by examining the constitutionality of the REAL ID Act. Part I discusses states' authority over non-citizens and the history of "immigration federalism" jurisprudence. Part II explores key provisions of the REAL ID Act, the WHTI, and similar attempts by the federal government to deputize states to engage in citizenship-policing and immigration enforcement. It describes the acute social and economic segregation that the denial of driver's licenses to non-citizens engenders, and examines a number of theories that attempt to capture the impact of the current …
Foreword: Freedom Of Expression: "Precious Right" In Europe, "Sacred Right" In The United States?, Elisabeth Zoller
Foreword: Freedom Of Expression: "Precious Right" In Europe, "Sacred Right" In The United States?, Elisabeth Zoller
Indiana Law Journal
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.
The United States Supreme Court And The Freedom Of Expression, Elisabeth Zoller
The United States Supreme Court And The Freedom Of Expression, Elisabeth Zoller
Indiana Law Journal
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.
Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee
William & Mary Bill of Rights Journal
This Article examines the possible effect the Supreme Court's landmark Second Amendment ruling in District of Columbia v. Heller will have on future cases brought under the Free Press Clause.' Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court itself repeatedly suggested. Only two provisions in the entire Constitution protect individual rights to a technology: the Second Amendment's right to bear "arms" and the Free Press Clause's right to the freedom of the "press," meaning the printing press. Both rights were viewed, moreover, as pre-existing, natural rights to …
Ricci V. Destefano: “Fanning The Flames” Of Reverse Discrimination In Civil Service Selection, Lauren Klein
Ricci V. Destefano: “Fanning The Flames” Of Reverse Discrimination In Civil Service Selection, Lauren Klein
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Caesar's Faith: Limited Government And Freedom Of Religion In Bruker V. Marcovitz, F C. Decoste
Caesar's Faith: Limited Government And Freedom Of Religion In Bruker V. Marcovitz, F C. Decoste
Dalhousie Law Journal
The Supreme Court of Canada has long pursued the view that our law is somehow an expression and repository of what it terms "Canada 's fundamental values." In Bruker v. Marcovitz, the Court added to the catalogue of these judicially decreed and enforced values one concerning religion, namely, the protection of Canadians against the arbitrary disadvantages of their religions. This comment argues that the Court's judgment in this regard constitutes a fundamental threat to religious liberty inasmuch as it subordinates religious beliefand practice to state values by making the legal acceptability of the former turn on their conformity to the …
Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech, Johnny Rex Buckles
Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech, Johnny Rex Buckles
Indiana Law Journal
No abstract provided.
An Opinion Without Standards: The Supreme Court's Refusal To Adopt A Standard Of Constitutional Review In District Of Columbia V. Heller Will Likely Cause Headaches For Future Judicial Review Of Gun-Control Regulations, Ryan L. Card
Brigham Young University Journal of Public Law
No abstract provided.
Boumediene V. Bush: Another Chapter In The Court’S Jurisprudence On Civil Liberties At Guantanamo Bay, Amanda Mcrae
Boumediene V. Bush: Another Chapter In The Court’S Jurisprudence On Civil Liberties At Guantanamo Bay, Amanda Mcrae
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Wyeth V. Levine: Examining The Doctrine Of Implied Preemption In State-Law Tort Claims, Allison Kostecka
Wyeth V. Levine: Examining The Doctrine Of Implied Preemption In State-Law Tort Claims, Allison Kostecka
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
A Key To The Door: Habeas Corpus And The Release Of Non-Citizen Detainees Into The United States, Joseph Davids
A Key To The Door: Habeas Corpus And The Release Of Non-Citizen Detainees Into The United States, Joseph Davids
Joseph Davids
This is an unpublished paper about the constitutional issues involved in indefinite detention at Guantanamo, or any other site, analyzed through the lens of the case of Kiyemba v Obama. The paper critiques the decision of the Court of Appeals and tries to highlight the illegality of detention without trial by looking to other areas of the law, namely immigration law, and the consequences this view will have on the continuing struggle against extremism.
States Of Resistance: The Real Id Act And Constitutional Limits Upon Federal Deputization Of State Agencies In The Regulation Of Non-Citizens, Shirley Lin Esq.
States Of Resistance: The Real Id Act And Constitutional Limits Upon Federal Deputization Of State Agencies In The Regulation Of Non-Citizens, Shirley Lin Esq.
Shirley Lin Esq.
Since the passage of the REAL ID Act in 2005, federal and state governments have clashed over implementation of the law's sweeping and prohibitively expensive changes to states' motorist licensing schemes. The REAL ID Act would affect all 56 U.S. jurisdictions and more than 240 million driver's license applicants or holders.The Article discusses the design flaws of the REAL ID Act within the context of the nation's traditional "immigration federalism" framework in regulating non-citizens, and evaluates the viability of legal challenges on the grounds of equal protection, due process, federalism principles, and international law.Part I discusses states’ authority over non-citizens …
The Original Meaning Of The Privileges And Immunities Clause, Robert G. Natelson
The Original Meaning Of The Privileges And Immunities Clause, Robert G. Natelson
Robert G. Natelson
This article explains the meaning of the U.S. Constitution's Privileges and Immunities Clause of Article IV, as the Founders understood it. It explains that the terms "privileges" and "immunities" had well-understood content in 18th century law---as benefits created by government. The Clause protects states from discriminating against visitors as to the benefits of citizenship (such as access to the courts), but does not address "natural rights" such as freedom of speech and religion.
Balancing Competing Priorities: Affirmative Action In The United States And Canada, Roozbeh (Rudy) B. Baker
Balancing Competing Priorities: Affirmative Action In The United States And Canada, Roozbeh (Rudy) B. Baker
Roozbeh (Rudy) B. Baker
This Article shall present a detailed analysis of Equality Rights in the United States and Canada, and their relationship to race based government affirmative action programs as practiced in those two countries. At its most basic level, Equality Rights can be defined generally as the idea that a government must not discriminate against its citizens (i.e. treat some of them differently from others). Yet given this general definition of Equality Rights, how can one reconcile the concept with that of race based affirmative action programs? As this Article shall demonstrate, via its survey of the radically opposed American and Canadian …
The State Marriage Cases: Implications For Hawaii's Marriage Equality Debate In The Post-Romer And Lawrence Era, Kristin D. Shotwell
The State Marriage Cases: Implications For Hawaii's Marriage Equality Debate In The Post-Romer And Lawrence Era, Kristin D. Shotwell
Kristin D Shotwell
No abstract provided.
Introduction , Amanda C. Dupree
Introduction , Amanda C. Dupree
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Transnational Wiretaps And The Fourth Amendment, Kristopher A. Nelson
Transnational Wiretaps And The Fourth Amendment, Kristopher A. Nelson
UC Law Constitutional Quarterly
The Fourth Amendment protects Americans within the borders of the United States, but its applicability outside American territory is less clear. This Note maintains that Fourth Amendment protections should cover wiretap evidence seized abroad, not just that gathered domestically. These protections should apply whenever a prosecutor seeks to admit such evidence in criminal prosecutions in the United States. Such protections are fundamental whenever the government acts to gather or use evidence, whether that evidence was obtained outside the territorial jurisdiction of the United States or not.
The practical application of these protections for evidence gathered abroad presents problems, however. For …
Out Of The Shadows: Preventive Detention, Suspected Terrorists, And War, David Cole
Out Of The Shadows: Preventive Detention, Suspected Terrorists, And War, David Cole
Georgetown Law Faculty Publications and Other Works
This article examines the appropriate and inappropriate role of "preventive detention" in responding to terrorist threats. It offers a constitutional jurisprudence of preventive detention, maintaining that absent a showing that dangerous behaviour cannot be addressed through criminal prosecution, preventive detention is unconstitutional. But criminal prosecution is not always a realistic option, and in those circumstances, preventive detention, carefully circumscribed and meticulously safeguarded by procedural protections, may be permissible. Familiar examples of accepted preventive detention regimes include civil commitment of dangerous persons who because of a mental disability cannot be held criminally responsible, and detention of enemy soldiers in a traditional …
Boumediene V. Bush: Justice Scalia’S Fear Of An Unfamiliar Race And Religion, Scott S. Allen Jr.
Boumediene V. Bush: Justice Scalia’S Fear Of An Unfamiliar Race And Religion, Scott S. Allen Jr.
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Accuracy Or Fairness: The Meaning Of Habeas Corpus After Boumediene V. Bush And Its Implications On Alien Removal Orders, Jennifer Norako
Accuracy Or Fairness: The Meaning Of Habeas Corpus After Boumediene V. Bush And Its Implications On Alien Removal Orders, Jennifer Norako
American University Law Review
Part One of this Comment will examine the developments of the writ of habeas corpus throughout the history of the United States, beginning with the importance the Founding Fathers placed on the writ. This section will also examine the recent changes in federal court review of alien removal orders, beginning with the 1996 legislation and continuing with the REAL ID Act, along with the federal courts’ responses to those acts. Part Two will then examine the majority opinion in Boumediene v. Bush, addressing the meaning and purpose that Justice Kennedy attached to the writ of habeas corpus and the analytical …
The Constitutional Status Of Morals Legislation, John Lawrence Hill
The Constitutional Status Of Morals Legislation, John Lawrence Hill
Kentucky Law Journal
No abstract provided.
Using Article Iv Of The Illinois Constitution To Attack Legislation Passed By The General Assembly, Michael J. Kasper
Using Article Iv Of The Illinois Constitution To Attack Legislation Passed By The General Assembly, Michael J. Kasper
Loyola University Chicago Law Journal
No abstract provided.
A Primer On North Carolina And Federal Use Of Force Law: Trends In Fourth Amendment Doctrine, Qualified Immunity, And State Law Issues, J. Michael Mcguinness
A Primer On North Carolina And Federal Use Of Force Law: Trends In Fourth Amendment Doctrine, Qualified Immunity, And State Law Issues, J. Michael Mcguinness
Campbell Law Review
This Article analyzes recent trends and updates the status of use of force law under North Carolina and federal standards.