Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 40
Full-Text Articles in Entire DC Network
A New Natural Law Reading Of The Constitution, Santiago Legarre
A New Natural Law Reading Of The Constitution, Santiago Legarre
Louisiana Law Review
The article focuses on how natural law can factor into constitutional interpretation in subtle but significant ways and mentions natural law has two different levels of presence in constitutional law.
Characterizing Constitutional Inputs, Michael Coenen
Characterizing Constitutional Inputs, Michael Coenen
Journal Articles
No abstract provided.
The Government’S Lies And The Constitution, Helen L. Norton
The Government’S Lies And The Constitution, Helen L. Norton
Indiana Law Journal
The government’s lies can be devastating. This is the case, for example, of its lies told to resist legal and political accountability for its misconduct; to inflict economic and reputational harm; or to enable the exercise of its powers to imprison, to deploy lethal force, and to commit precious national resources. On the other hand, the government’s lies can sometimes be helpful: consider lies told to thwart a military adversary or to identify wrongdoing through undercover police work. The substantial harms threatened by some government lies invite a search for ways to punish and prevent them. At the same time, …
Interpreting Force Authorization, Scott Sullivan
Interpreting Force Authorization, Scott Sullivan
Journal Articles
This Article presents a theory of authorizations for the use of military force (AUMFs) that reconciles separation of power failures in the current interpretive model. Existing doctrine applies the same text-driven models of statutory interpretation to AUMFs that are utilized with all other legal instruments. However, the conditions at birth, objectives, and expected impacts underlying military force authorizations differ dramatically from typical legislation. AUMFs are focused but temporary corrective interventions intended to change the underlying facts that prompted their passage. This Article examines historical practice and utilizes institutionalist principles to develop a theory of AUMF decay that eschews text in …
Uniformity In Constitutional Interpretation And The Background Right To Effective Democratic Governance, Donald L. Beschle
Uniformity In Constitutional Interpretation And The Background Right To Effective Democratic Governance, Donald L. Beschle
Donald L. Beschle
No abstract provided.
Constitutional Privileging, Michael Coenen
Constitutional Privileging, Michael Coenen
Journal Articles
“Constitutional privileging” occurs when courts treat the constitutional status of a legal claim as a reason to afford it specialized procedural or remedial treatment — in effect providing to that claim a greater degree of judicial care and attention than its nonconstitutional counterparts receive. Though seldom scrutinized by courts and commentators, this practice occurs within a variety of doctrinal settings. For example, a stricter standard of harmless error review governs constitutional claims; district court findings of facts (and mixed findings) are subject to a stricter form of appellate review in constitutional cases; collateral relief from federal court judgments is more …
Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen
Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen
Journal Articles
Courts confronting First Amendment claims do not often scrutinize the severity of a speaker’s punishment. Embracing a “penalty-neutral” understanding of the free-speech right, these courts tend to treat an individual’s expression as either protected, in which case the government may not punish it at all, or unprotected, in which case the government may punish it to a very great degree. There is, however, a small but important body of “penalty-sensitive” case law that runs counter to the penalty-neutral norm. Within this case law, the severity of a speaker’s punishment affects the merits of her First Amendment claim, thus giving rise …
Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry
Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry
Indiana Law Journal
No abstract provided.
Neutral Principles And The Right To Neutral Access To The Courts, Jeffrey R. Pankratz
Neutral Principles And The Right To Neutral Access To The Courts, Jeffrey R. Pankratz
Indiana Law Journal
No abstract provided.
Original Intent And Boris Bittker, Raoul Berger
Original Intent And Boris Bittker, Raoul Berger
Indiana Law Journal
No abstract provided.
Observations On Raoul Berger's "Original Intent And Boris Bittker", Boris I. Bittker
Observations On Raoul Berger's "Original Intent And Boris Bittker", Boris I. Bittker
Indiana Law Journal
No abstract provided.
Getting The Facts: Empirical Evaluation And The Constitutionality Of Pre-Abortion Parental Notification Statutes, Stephen J. Anderer
Getting The Facts: Empirical Evaluation And The Constitutionality Of Pre-Abortion Parental Notification Statutes, Stephen J. Anderer
Villanova Law Review
No abstract provided.
Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile
Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile
Indiana Law Journal
No abstract provided.
The Unconstitutionality Of Medical Malpractice Statutes Of Repose: Judicial Conscience Versus Legislative Will, Christopher J. Trombetta
The Unconstitutionality Of Medical Malpractice Statutes Of Repose: Judicial Conscience Versus Legislative Will, Christopher J. Trombetta
Villanova Law Review
No abstract provided.
The Anti-Terrorism Act Of 1987 And American Freedoms: A Critical Review, Lance A. Harke
The Anti-Terrorism Act Of 1987 And American Freedoms: A Critical Review, Lance A. Harke
University of Miami Law Review
No abstract provided.
Uniformity In Constitutional Interpretation And The Background Right To Effective Democratic Governance, Donald L. Beschle
Uniformity In Constitutional Interpretation And The Background Right To Effective Democratic Governance, Donald L. Beschle
Indiana Law Journal
No abstract provided.
The Ninth Amendment's Role In The Evolution Of Fundamental Rights Jurisprudence, Geoffrey G. Slaughter
The Ninth Amendment's Role In The Evolution Of Fundamental Rights Jurisprudence, Geoffrey G. Slaughter
Indiana Law Journal
No abstract provided.
The New Standard Of Review For Prisoners' Rights: A Turner For The Worse - Turner V. Safley, Lorijean Golichowski Oei
The New Standard Of Review For Prisoners' Rights: A Turner For The Worse - Turner V. Safley, Lorijean Golichowski Oei
Villanova Law Review
No abstract provided.
Constitutional Limitations On Tort Reform: Have The State Courts Placed Insurmountable Obstacles In The Path Of Legislative Responses To The Perceived Liability Insurance Crisis, Richard C. Turkington
Constitutional Limitations On Tort Reform: Have The State Courts Placed Insurmountable Obstacles In The Path Of Legislative Responses To The Perceived Liability Insurance Crisis, Richard C. Turkington
Villanova Law Review
No abstract provided.
Cabana V. Bullock: The Proper Tribunal-The Supreme Court Revisits Enmund V. Florida, Deborah Sachs
Cabana V. Bullock: The Proper Tribunal-The Supreme Court Revisits Enmund V. Florida, Deborah Sachs
University of Miami Law Review
No abstract provided.
Television Coverage Of Trials: Constitutional Protection Against Absolute Denial Of Access In The Absence Of A Compelling Interest, Carolyn E. Riemer
Television Coverage Of Trials: Constitutional Protection Against Absolute Denial Of Access In The Absence Of A Compelling Interest, Carolyn E. Riemer
Villanova Law Review
No abstract provided.
A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger
A Response To D.A.J. Richards' Defense Of Freewheeling Constitutional Adjudication, Raoul Berger
Indiana Law Journal
No abstract provided.
Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer
Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer
University of Miami Law Review
No abstract provided.
First Do No Harm: Least Restrictive Alternative Analysis And The Right Of Mental Patients To Refuse Treatment, David Zlotnick
First Do No Harm: Least Restrictive Alternative Analysis And The Right Of Mental Patients To Refuse Treatment, David Zlotnick
West Virginia Law Review
No abstract provided.
Social Commentary: Values And Legal Personhood, Jeffrey A. Parness
Social Commentary: Values And Legal Personhood, Jeffrey A. Parness
West Virginia Law Review
No abstract provided.
Sex Selection Abortion: A Constitutional Analysis Of The Abortion Liberty And A Person's Right To Know, John R. Schaibley Iii
Sex Selection Abortion: A Constitutional Analysis Of The Abortion Liberty And A Person's Right To Know, John R. Schaibley Iii
Indiana Law Journal
No abstract provided.
Application Of A Constitutionally-Based Duty Of Fair Representation To Union Hiring Halls, Robert M. Bastress
Application Of A Constitutionally-Based Duty Of Fair Representation To Union Hiring Halls, Robert M. Bastress
West Virginia Law Review
No abstract provided.
Constitutional Issues In The Reclamation Of Orphaned Mined Lands Under The Surface Mining Control And Reclamation Act Of 1977, Betsy Clare Steinfeld
Constitutional Issues In The Reclamation Of Orphaned Mined Lands Under The Surface Mining Control And Reclamation Act Of 1977, Betsy Clare Steinfeld
West Virginia Law Review
No abstract provided.
Administrative Adjudication Of Constitutional Questions: Confusion In Florida Law And A Dying Misconception In Federal Law, Alan C. Swan
Administrative Adjudication Of Constitutional Questions: Confusion In Florida Law And A Dying Misconception In Federal Law, Alan C. Swan
University of Miami Law Review
It has long been held that Florida administrative agencies are powerless to pass upon constitutional challenges to statutes. In two recent decisions, however, the Supreme Court of Florida has sanctioned an extension of this traditional rule which would prohibit Florida administrative agencies from passing upon constitutional challenges to their own rules and regulations. The author demonstrates that this extension and the theory upon which it is based are not supported by precedent or sound policy. The author then traces the development of the traditionalp rohibition in both the Florida and federal courts and concludes that although the courts have sometimes …
The Privileges And Immunities Clause: A Reaffirmation Of Fundamental Rights, Jean G. Howard
The Privileges And Immunities Clause: A Reaffirmation Of Fundamental Rights, Jean G. Howard
University of Miami Law Review
In this note, the author examines the continuing debate over the role of the judiciary in reviewing state legislative acts and indicates the continued reluctance of the Supreme Court of the United States to expand the content of rights protected under the privileges and immunities clause of article IV and the fourteenth amendment. The author concludes that the present refusal of the Court to impose its own value judgments over those of the state legislature is consistent with the purpose and past interpretation of the privileges and immunities clause, absent a conflict with other rights of the Constitution.