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Articles 1 - 6 of 6
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Aid And Comfort: Rasul V. Bush And The Separation Of Powers Doctrine In Wartime, Ryan Mckaig
Aid And Comfort: Rasul V. Bush And The Separation Of Powers Doctrine In Wartime, Ryan Mckaig
Campbell Law Review
By failing to recognize the challenges facing political and military leaders in the wake of the September 11, 2001 attacks, in reversing fifty-four years of precedent relied upon by the executive branch, and in failing to consider the political question doctrine, the Supreme Court in Rasul charted a dangerous constitutional course that could lead to greater judicial involvement in war-making powers and greater levels of conflict among the three branches. These trends will ultimately threaten the nation's ability to fight and win future wars. The decision is ill-advised, ill-timed, and invites unintended consequences.
Broken Borders: Decanas V. Bica, And The Standards That Govern The Validity Of State Measures Designed To Deter Undocumented Immigration, Joshua J. Herndon
Broken Borders: Decanas V. Bica, And The Standards That Govern The Validity Of State Measures Designed To Deter Undocumented Immigration, Joshua J. Herndon
ExpressO
No abstract provided.
Expressive Association After Dale, David E. Bernstein
Expressive Association After Dale, David E. Bernstein
George Mason University School of Law Working Papers Series
The right to join with other people to promote a particular outlook, known as the right of expressive association, is a necessary adjunct to the right of freedom of speech, which is protected by the First Amendment of the United States Constitution. In Boy Scouts of America v. Dale, the United States Supreme Court found that the Boy Scouts of America had a First Amendment expressive association right to exclude a homosexual adult volunteer. Dale is likely to prove to be one of the most important First Amendment cases of recent years, because the Court enforced a broad right of …
Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky
Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky
All Faculty Scholarship
No abstract provided.
Terrorist Speech And The Future Of Free Expression, Laura K. Donohue
Terrorist Speech And The Future Of Free Expression, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
The crucial point is this: Both liberal, democratic states, and non-state terrorist organizations need free speech. Prominent scholars have written elegantly and at length on the role of this liberty for the former. While their arguments surface at times in the text, the author does not dwell on them. Instead, she wrestles with the question: Under what circumstances are the interests of the state secured and the opportunism of terrorist organizations avoided? Here, the experiences of the United States and United Kingdom prove instructive. On both sides of the Atlantic, where the state acts as sovereign, efforts to restrict persuasive …
Terror And Race, Girardeau A. Spann
Terror And Race, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
The United States is now engaged in an internationally prominent war on terror. That war, however, is being waged in a way that threatens to cause the same types of harm to the democratic values of the United States that the Nation's terrorist enemies are hoping to inflict. Foreign terrorists are attempting to undermine the fundamental liberties that United States culture claims to hold dear. But those are the same liberties that our own government has asked us to forego in its effort to win the war on terror. The paradoxical irony entailed in the United States government's demand that …