Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Fordham Law School (20)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- Boston University School of Law (3)
- University of Missouri School of Law (3)
- Notre Dame Law School (2)
-
- Selected Works (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Michigan Law School (2)
- American University Washington College of Law (1)
- Belmont University (1)
- Case Western Reserve University School of Law (1)
- Florida International University College of Law (1)
- George Washington University Law School (1)
- Georgia State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Saint Louis University School of Law (1)
- SelectedWorks (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Baltimore Law (1)
- University of Richmond (1)
- Vanderbilt University Law School (1)
- Publication
-
- Fordham Law Review (16)
- Faculty Scholarship (7)
- Scholarly Works (5)
- Faculty Publications (4)
- Articles (2)
-
- John C. Eastman (2)
- Journal Articles (2)
- All Faculty Scholarship (1)
- Articles & Chapters (1)
- Articles by Maurer Faculty (1)
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- Fordham Journal of Corporate & Financial Law (1)
- GW Law Faculty Publications & Other Works (1)
- Georgia State University Law Review (1)
- Jepson School of Leadership Studies articles, book chapters and other publications (1)
- Law Faculty Scholarship (1)
- Missouri Law Review (1)
- Project on Addressing Prison Rape - Articles (1)
- Robert G. Natelson (1)
- Saint Louis University Public Law Review (1)
- Vanderbilt Law Review (1)
- Publication Type
Articles 1 - 30 of 52
Full-Text Articles in Entire DC Network
Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims
Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Sexual Abuse Against Women In Prison, Brenda V. Smith
Sexual Abuse Against Women In Prison, Brenda V. Smith
Project on Addressing Prison Rape - Articles
One of the by-products of the influx of women into correctional settings has been the emergence of sexual misconduct against women in prison as a major issue for corrections officials and attorneys who represent women. This article advocates for laws criminalizing sexual abuse of women inmates, as well as training to prevent such abuse.
Employment Discrimination By Religious Institutions: Limiting The Sanctuary Of The Constitutional Ministerial Exception To Religion-Based Employment Decisions, Laura L. Coon
Vanderbilt Law Review
A religious organization enters a contract with a builder to construct a new facility and breaches the contract; a student at a private, religiously-affiliated school slips on a patch of ice and is seriously injured because of the school maintenance crew's negligence. The builder and the student are aggrieved by the actions of the respective religious institutions. Consequently, they seek to re- solve their disputes through the judicial system, as would any other individual with a potential legal claim. Although the adjudicative process would involve church and state, the First Amendment Religion Clauses would not likely be implicated, because the …
Campbell V. Georgia: Mandatory Minimum Sentencing Survives Separation Of Power Attacks, Remaining A Viable Option For The Legislature In Its War On Crime, Brian D. Boreman
Campbell V. Georgia: Mandatory Minimum Sentencing Survives Separation Of Power Attacks, Remaining A Viable Option For The Legislature In Its War On Crime, Brian D. Boreman
Georgia State University Law Review
No abstract provided.
Beyond Campaign Finance: The First Amendment Implications Of Nixon V. Shrink Missouri Goverment Pac, Christina E. Wells
Beyond Campaign Finance: The First Amendment Implications Of Nixon V. Shrink Missouri Goverment Pac, Christina E. Wells
Missouri Law Review
Part I of this Essay discusses legal background, focusing first on the Court's decision in Buckley and then on the Shrink litigation. Part II itemizes Shrink's flaws, ultimately concludng that those flaws cannot be attributed solely to Buckley. Finally, Part III examines the Court's standards of scrutiny in First Amendment cases and argues that Shrink results at least in part from flaws found in those standards.
Clinton's Legacy On Indigenous Issues, David E. Wilkins
Clinton's Legacy On Indigenous Issues, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The president, of course, has not express constitutional responsibility for Indian nations—that is a power reserved to the Congress under the commerce clause. Nevertheless, it is to the president, dating back to George Washington, who had an active hand in Indian affairs through the treaty process, that tribal nations and their leaders have most often looked to gauge the federal government's character and commitment to fulfill the nation's historic treaty and ongoing trust obligations to indigenous people.
The Privatization Of The Civil Commitment Process And The State Action Doctrine: Have The Mentally Ill Been Systematically Stripped Of Their Fourteenth Amendment Rights?, William Brooks
Scholarly Works
No abstract provided.
The Burdens And Benefits Of The American Jury, José F. Anderson
The Burdens And Benefits Of The American Jury, José F. Anderson
All Faculty Scholarship
There is no institution in the legal system more controversial than the American Jury. It has been praised and hated by people from all walks of life. James Madison once called it among "the most valuable" rights included in the Bill of Rights. Robert Allan Rutland, The Birth of the Bill of Rights 1776-1791, at 208 (2nd ed ., Northeastern Univ. Press 1991) (1955) (quoting 1 Annals of Cong. 755 (Joseph Gales ed., 1789)). The business community sometimes complains that it paralyzes its ability to grow. Politicians have used it as grist for their mills calling for jury reform. Television …
The Clean Air Act And The Constitution, Lisa Heinzerling
The Clean Air Act And The Constitution, Lisa Heinzerling
Saint Louis University Public Law Review
On February 27, 2001, the Supreme Court unanimously upheld the Clean Air Act against a constitutional challenge based on the nondelegation doctrine. The Court held that the Act provided the requisite “intelligible principle” for assignments of authority to the executive, and it also held that the D.C. Circuit had erred in allowing an administrative agency to decide the scope of its own authority under what that court had held was an impermissibly broad assignment of authority. This article was written before the Supreme Court issued its decision.
James Madison And The Constitution's “Convention For Proposing Amendments", Robert G. Natelson
James Madison And The Constitution's “Convention For Proposing Amendments", Robert G. Natelson
Robert G. Natelson
This article traces the progress of James Madison's thought on the Constitution's "convention for proposing amendments as a way for states to assert themselves against the federal government. Madison saw the convention as an important part of the Constitution, and a constitutional alternative to nullification.
What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks
What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber
Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber
Faculty Scholarship
No abstract provided.
Introduction: The Difficult First Amendment, Christina E. Wells
Introduction: The Difficult First Amendment, Christina E. Wells
Faculty Publications
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for redress of grievances.
Virtue And The Constitution Of The United States, John Finnis
Virtue And The Constitution Of The United States, John Finnis
Fordham Law Review
No abstract provided.
Professor Eisgruber, The Constitution, And The Good Society, Sotirios A. Barber
Professor Eisgruber, The Constitution, And The Good Society, Sotirios A. Barber
Fordham Law Review
No abstract provided.
"Public Citizens" And The Constitution: Bridging The Gap Between Popular Sovereignty And Original Intent, Robert W. Scheef
"Public Citizens" And The Constitution: Bridging The Gap Between Popular Sovereignty And Original Intent, Robert W. Scheef
Fordham Law Review
I sincerely congratulate the citizens of America upon the fair prospect which now presents itself to their view; and promises a long reign of virtue, happiness, and glory, as the result of a constitution which is the real vox populi so often ardently desired by mankind, in vain, for the first time, discovered by the patriotic sages of America.
On The Road Again: How Much Mileage Is Left On The Privileges Or Immunities Clause And How Far Will It Travel?, Nicole I. Hyland
On The Road Again: How Much Mileage Is Left On The Privileges Or Immunities Clause And How Far Will It Travel?, Nicole I. Hyland
Fordham Law Review
No abstract provided.
A Further Comment On Robert P. George's "Natural Law", James E. Fleming
A Further Comment On Robert P. George's "Natural Law", James E. Fleming
Fordham Law Review
No abstract provided.
The Impenetrable Constitution And Status Quo Morality, Charles A. Kelbley
The Impenetrable Constitution And Status Quo Morality, Charles A. Kelbley
Fordham Law Review
No abstract provided.
Natural Law And The Constitution Revisited, Robert P. George
Natural Law And The Constitution Revisited, Robert P. George
Fordham Law Review
No abstract provided.
When Did The Constitution Become Law, Gary S. Lawson
When Did The Constitution Become Law, Gary S. Lawson
Faculty Scholarship
Conventional wisdom and Supreme Court doctrine hold that the federal Constitution became legally effective on March 4, 1789, when the first session of Congress began. This conclusion is wrong, or at least seriously incomplete. Evidence from the Constitution, its adoption, and contemporaneous understandings reflected in treaties, statutes, and state constitutions demonstrates that the Constitution did not have a single effective date. Instead, different parts of the Constitution took effect in stages, beginning on June 21, 1788, when New Hampshire became the ninth state to ratify the document, and continuing at least until April 30, 1789, when President Washington was sworn …
Everything I Need To Know About Presidents I Learned From Dr. Seuss, Gary S. Lawson
Everything I Need To Know About Presidents I Learned From Dr. Seuss, Gary S. Lawson
Faculty Scholarship
Oaths are out of fashion these days. This is an era in which it is widely considered unreasonable to expect the President of the United States to obey basic principles of law and justice, much less to honor something as abstract as an oath. Perjury the violation of a legally binding oath-is publicly defended as proof of the offender's humanity rather than his criminality. And one should not even mention in polite company something as gauche as honoring an oath of marriage. Those pesky vows of marital fidelity were, after all, just words.
Falling Out Of Love With America: The Clinton Impeachment And The Madisonian Constitution, Frank O. Bowman Iii
Falling Out Of Love With America: The Clinton Impeachment And The Madisonian Constitution, Frank O. Bowman Iii
Faculty Publications
First, were the Nixon and Clinton affairs truly as different as my memory makes them? Were the villains of Watergate as villainous and the heroes as heroic as I remember them? Were nearly all the players on both sides of l'affaire Lewinsky as shallow and fatuous as they seemed? Or to put the question in broader historical context, was the impeachment of Bill Clinton truly distinct, not only from Watergate, but from all of the other (fortunately few) occasions on which a president was seriously threatened with removal from office? Second, if the Clinton impeachment really was as bizarre, unprecedented, …
Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel
Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel
Articles
When I was first introduced to the constitutional regulation of criminal procedure in the mid-1950s, a single issue dominated the field: To what extent did the due process clause of the Fourteenth Amendment impose upon states the same constitutional restraints that the Fourth, Fifth, Sixth and Eighth Amendments imposed upon the federal government? While those Bill of Rights provisions, as even then construed, imposed a broad range of constitutional restraints upon the federal criminal justice system, the federal system was (and still is) minuscule as compared to the combined systems of the fifty states. With the Bill of Rights provisions …
Government Speech On Unsettled Issues, Abner S. Greene
Government Speech On Unsettled Issues, Abner S. Greene
Fordham Law Review
No abstract provided.
Leach Keynote Address, James A. Leach
Leach Keynote Address, James A. Leach
Fordham Journal of Corporate & Financial Law
No abstract provided.
'Bush' V. 'Gore': What Was The Supreme Court Thinking?, Richard D. Friedman
'Bush' V. 'Gore': What Was The Supreme Court Thinking?, Richard D. Friedman
Articles
One of the most astonishing episodes in American political history ended last month with perhaps the most imperial decision ever by the United States Supreme Court. In one stroke, the Court exercised power that belonged to Congress, the legislature of Florida, Florida's courts and administrators, and, most importantly, the people of the state.
Making Sense Of The Eleventh Amendment: International Law And State Sovereignty, Thomas H. Lee
Making Sense Of The Eleventh Amendment: International Law And State Sovereignty, Thomas H. Lee
Faculty Scholarship
The Judicial Power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. - Eleventh Amendment to the Constitution of the United States of America The thesis of this article is that the Eleventh Amendment, ratified in 1798, represented the incorporation into the American domestic constitutional law of federalism (specifically, the doctrine of state sovereign immunity) the late eighteenth-century international law rule that only states have rights against other states …
Towards A Practice Of Deliberative Democracy: A Proposal For A Popular Branch , Ethan J. Leib
Towards A Practice Of Deliberative Democracy: A Proposal For A Popular Branch , Ethan J. Leib
Faculty Scholarship
Proposals for practical institutional reforms are notoriously absent from discussions about deliberative democracy. It is imperative to engage in the “nuts and bolts” debate of just what kinds of changes we discourse theorists or deliberative democrats want to effect. Here I would like to try to synthesize a reform proposal of my own based upon three major assumptions. Without argument, I assume a largely discourse-theoretic view of democracy that takes for granted the republican virtue of collective self-government as well as the Kantian claim that each citizen should be the author of his own laws. I further assume that our …
Does The Federal Constitution Incorporate The Declaration Of Independence?, Thomas B. Mcaffee
Does The Federal Constitution Incorporate The Declaration Of Independence?, Thomas B. Mcaffee
Scholarly Works
A standard view at the time of the adoption of the Constitution was that “a constitution does not in itself imply any more than a declaration of the relation which the different parts of the government have to each other, but does not imply security for the rights of individuals.” The drafters of the state constitutions had “assumed that government had all power except for specific prohibitions contained in a bill of rights.” When the federal Constitution was transmitted to the states by Congress, Nathaniel Gorham of Massachusetts defended the omission of a bill of rights based on the federal …