Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 24 of 24
Full-Text Articles in Entire DC Network
The Aba Model Code Revisions And Judicial Campaign Speech: Constitutional And Practical Implications, Howland W. Abramson, Gary Lee
The Aba Model Code Revisions And Judicial Campaign Speech: Constitutional And Practical Implications, Howland W. Abramson, Gary Lee
Touro Law Review
No abstract provided.
Everyone Forgets About The Third Amendment: Exploring The Implications On Third Amendment Case Law Of Extending Its Prohibitions To Include Actions By State Police Officers, Samantha A. Lovin
William & Mary Bill of Rights Journal
No abstract provided.
December 14, 2014: The Tough Guys Who Favor Torture, Bruce Ledewitz
December 14, 2014: The Tough Guys Who Favor Torture, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Tough Guys Who Favor Torture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
United States V. Patane: The Beginning Of The End Of Miranda, Bryce Chauncey Loveland
United States V. Patane: The Beginning Of The End Of Miranda, Bryce Chauncey Loveland
Touro Law Review
No abstract provided.
Defining The Line Between Constitutionally Protected Speech And True Threats: Can I Be Arrested For Being Annoying?, Allison E. Dolzani
Defining The Line Between Constitutionally Protected Speech And True Threats: Can I Be Arrested For Being Annoying?, Allison E. Dolzani
Touro Law Review
No abstract provided.
Retroactive Change In The Law To Punish A Defendant, George Schoenwaelder
Retroactive Change In The Law To Punish A Defendant, George Schoenwaelder
Touro Law Review
No abstract provided.
November 2, 2014: Today’S Papers, Bruce Ledewitz
November 2, 2014: Today’S Papers, Bruce Ledewitz
Hallowed Secularism
Blog post, “Today’s Papers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Congress's Treaty-Implementing Power In Historical Practice, Jean Galbraith
Congress's Treaty-Implementing Power In Historical Practice, Jean Galbraith
William & Mary Law Review
Historical practice strongly influences constitutional interpretation in foreign relations law, including most questions relating to the treaty power. Yet it is strikingly absent from the present debate over whether Congress can pass legislation implementing U.S. treaties under the Necessary and Proper Clause. Drawing on previously unexplored sources, this Article considers the historical roots of Congress’s power to implement U.S. treaties between the Founding Era and the seminal case of Missouri v. Holland in 1920. It shows that time after time, members of Congress understood the Necessary and Proper Clause to provide a constitutional basis for a congressional power to implement …
Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine Mims Crocker
Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine Mims Crocker
Faculty Publications
No abstract provided.
August 23, 2014: How To Teach Constitutional Law Now, Bruce Ledewitz
August 23, 2014: How To Teach Constitutional Law Now, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Teach Constitutional Law Now“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese
Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese
Popular Media
No abstract provided.
Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese
Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese
Popular Media
No abstract provided.
Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman
Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman
Faculty Publications
No abstract provided.
May 5, 2014: A Brain Dead Decision, Bruce Ledewitz
May 5, 2014: A Brain Dead Decision, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Brain Dead Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Court Of Appeals Of New York - Cubas V. Martinez, Gregory Gillen
Court Of Appeals Of New York - Cubas V. Martinez, Gregory Gillen
Touro Law Review
No abstract provided.
Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York, Sarah Marx
Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York, Sarah Marx
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. Nieves-Andino, Jason Gines
Court Of Appeals Of New York - People V. Nieves-Andino, Jason Gines
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. Gajadhar, Joseph Maehr
Court Of Appeals Of New York - People V. Gajadhar, Joseph Maehr
Touro Law Review
No abstract provided.
Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah
Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah
Touro Law Review
No abstract provided.
Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman
Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman
Touro Law Review
No abstract provided.
Standing Outside Article Iii, Tara Leigh Grove
Standing Outside Article Iii, Tara Leigh Grove
Faculty Publications
The U.S. Supreme Court has insisted that standing doctrine is a “bedrock” requirement only of Article III. Accordingly, both jurists and scholars have assumed that the standing of the executive branch and the legislature, like that of other parties, depends solely on Article III. But I argue that these commentators have overlooked a basic constitutional principle: federal institutions must have affirmative authority for their actions, including the power to bring suit or appeal in federal court. Article III defines the federal “judicial Power” and does not purport to confer any authority on the executive branch or the legislature. Executive and …
Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Andrea B. Carroll
Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Andrea B. Carroll
Andrea Beauchamp Carroll
Roundtable on Regulating Assisted Reproductive Technology 2012
The President And Congress: Separation Of Powers In The United States Of America, Harold H. Bruff
The President And Congress: Separation Of Powers In The United States Of America, Harold H. Bruff
Publications
Although the framers of the Australian Constitution adopted many features of the United States Constitution, they rejected the separation of legislative and executive power in favour of responsible government in a parliamentary system like that of the United Kingdom. In doing so, Australians depended on existing conventions about the nature of responsible government instead of specification of its attributes in constitutional text. The United States Constitution contains detailed provisions about separation of powers, but unwritten conventions have produced some central features of American government. This article reviews conventions developed by Congress that constrain Presidents in the domestic sphere with regard …
Further Standing Lessons, Heather Elliott
Further Standing Lessons, Heather Elliott
Indiana Law Journal
Professor Elliott wrote a piece for the Indiana Law Journal in 2012 (available here). In this article, she updates her analysis and explores the implications of both the health-care and marriage equality cases on the Court’s standing doctrine.