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The Aba Model Code Revisions And Judicial Campaign Speech: Constitutional And Practical Implications, Howland W. Abramson, Gary Lee Dec 2014

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 Dec 2014

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 Dec 2014

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 Dec 2014

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 Nov 2014

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 Nov 2014

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 Nov 2014

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 Oct 2014

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 Oct 2014

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 Aug 2014

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 Jul 2014

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 May 2014

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 May 2014

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 2014

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 May 2014

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 May 2014

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 May 2014

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 May 2014

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 May 2014

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 May 2014

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 May 2014

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 Mar 2014

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 Jan 2014

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 Jan 2014

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.