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Constitutional Law

Selected Works

2004

Articles 1 - 15 of 15

Full-Text Articles in Entire DC Network

Anthrax Hoaxes, Ira P. Robbins Sep 2004

Anthrax Hoaxes, Ira P. Robbins

Ira P. Robbins

INTRODUCTION: "[Y]ou are a disgusting piece of dirt."' Judge Steven Shutter, a county judge in South Florida, used these words to describe a twenty- four-year-old woman whom he labeled a terrorist2 and who was condemned by the media.3 Aside from name-calling, Judge Shutter raised the woman's bail from $3,500 to $25,000 when he learned the nature of the offense, 'just in case" the woman might be able to afford the lower bond.4 Given the strength of Judge Shutter's animosity toward her, one might assume that Yasmin Kassima Sealey- Doe had provided assistance to the terrorists who attacked the World Trade …

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¿Prevalecen Los Tratados Internacionales Sobre La Constitución? Propuesta De Una Doctrina No Extremista, Juan Carlos Riofrío Martínez-Villalba Jun 2004

¿Prevalecen Los Tratados Internacionales Sobre La Constitución? Propuesta De Una Doctrina No Extremista, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.

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The Conscientious Congressman's Guide To The Electoral Count Act Of 1887, Stephen A. Siegel Jun 2004

The Conscientious Congressman's Guide To The Electoral Count Act Of 1887, Stephen A. Siegel

Stephen Siegel

No abstract provided.

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Is Indian Democracy Dependent On A Statute?, Shubhankar Dam Jan 2004

Is Indian Democracy Dependent On A Statute?, Shubhankar Dam

Shubhankar Dam

What is the status of a right to vote in the Indian legal system? Is the right a constitutional/fundamental right? Or is it simply a statutory right? Contrary to the decisions of the Supreme Court in the last five decades, this paper argues that the right to vote is a constitutional right: its textual foundation may be located in Article 326. And, in this sense, the Supreme Court has erred in construing the right to vote as a statutory right under the Representation of Peoples Act, 1951. Interpreting the right to vote as a statutory right has larger implications for …

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Law School Diversity As A Compelling State Interest: Justice O'Connor's Application Of Strict Scrutiny And The Promise Of The U.S. Supreme Court's Ruling In Grutter V. Bollinger, James Johnston Dec 2003

Law School Diversity As A Compelling State Interest: Justice O'Connor's Application Of Strict Scrutiny And The Promise Of The U.S. Supreme Court's Ruling In Grutter V. Bollinger, James Johnston

James B Johnston

This article discuuses the landmark Grutter v. Bollinger decision in the the context of its ability to promote diversity both in academia and the workplace.

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The Futile Quest For A System Of Judicial “Merit” Selection, Michael R. Dimino Dec 2003

The Futile Quest For A System Of Judicial “Merit” Selection, Michael R. Dimino

Michael R Dimino

Others have discussed exhaustively the merits and demerits of merit selection, and I do not intend in this essay to debate the“ success” or “failure,” per se, of merit selection since its introduction in Missouri in 1940. Instead, I wish to discuss the effect merit selection has on squelching public debate about the judiciary. Once that effect is demonstrated, I then wish to assess this antidemocratic tendency against the purported goal of merit selection: maintaining some measure of accountability in a selection system nonetheless designed to make judges confident enough in their independence to render decisions according to the law …

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Justice Thomas In Grutter V. Bollinger: Can Passion Play A Role In Judicial Reasoning?, Mary Kate Kearney Dec 2003

Justice Thomas In Grutter V. Bollinger: Can Passion Play A Role In Judicial Reasoning?, Mary Kate Kearney

Mary Kate Kearney

No abstract provided.

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Reading Attitute In The Constitutional Wish, Kirk W. Junker Dec 2003

Reading Attitute In The Constitutional Wish, Kirk W. Junker

Kirk W Junker

In his essay "Opponents, Audiences, Constitutencies, and Community," Edward W. Said throws down a gage to literary theorists and challenges them to break out of disciplinary ghettos, "to reopen the blocked social processes ceding objective representations (hence power) of the world to a small coterie of experts and their clients, to consider that the audience for literacy is not a closed circle of three thousand professional critics but the community of human beings living in society..." To the literary critic he admonishes:
Whe you discuss Keats or Shakespeare or Dickens, you may touch on political subjects, of course, but it …

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Mapping Discriminatory Landscapes In A Divided Educational System: The Case Of Cyprus, Nicos Trimikliniotis Dec 2003

Mapping Discriminatory Landscapes In A Divided Educational System: The Case Of Cyprus, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper examines the way in which the Cyprus educational system, primarily concentrating on the Greek-Cypriot side, reproduces discriminatory patterns via an outmoded and ethnically divided educational model, in spite of some efforts to introduce multi-cultural elements of local level. Existing literature and a number of studies and reports on immigrant and minority students illustrate the need for further research on the subject, so that a comprehensive reform of the educational system can take place to move from an ethnocentric model towards a more critically orientated humanistic education based on tolerance and understanding – a matter of urgency if Cyprus …

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Green Laws For Better Health: The Past That Was And The Future That Maybe - Reflections From The Indian Experience, Shubhankar Dam Dec 2003

Green Laws For Better Health: The Past That Was And The Future That Maybe - Reflections From The Indian Experience, Shubhankar Dam

Shubhankar Dam

No abstract provided.

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Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam Dec 2003

Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam

Shubhankar Dam

Much of the debates on the legality of strikes under the Indian Constitution has been on the issue of a right to strike. This paper argues that the constitutionality of strikes may be analysed through the prism of duties, i.e. fundamental duties under Part IVA of the Constitution. Strikes were an integral part of the ideals that inspired India's national struggle against imperialism. And, in this sense, when article 51A exhorts Indians to cherish and follow the noble ideals that inspired our freedom struggle, it includes a fundamental duty to strike. Invoking the philosophy of Mahatma Gandhi, the paper argues …

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Direitos Humanos - Jornal O Povo, Haradja L. Torrens Dec 2003

Direitos Humanos - Jornal O Povo, Haradja L. Torrens

Haradja L Torrens

No abstract provided.

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Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins Dec 2003

Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins

Ira P. Robbins

The grand jury practice of naming individuals as unindicted co-conspirators routinely results in injury to reputations,lost employment opportunities, and a practical inability to run for public office. Yet, because these individuals are not parties to a criminal trial, they have neither the right to present evidence nor
the opportunity to clear their names. Thus, Professor Robbins argues that the practice violates the Fifth Amendment guarantee that “[n]o person shall . . . be deprived of life, liberty, or property,
without due process of law[.]” While prosecutors may offer many justifications to support the practice of naming
unindicted co-conspirators, these reasons …

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The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan Dec 2003

The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan

Donald J. Kochan

Increasingly, United States courts are recognizing various treaties, as well as declarations, proclamations, conventions, resolutions, programmes, protocols, and similar forms of inter- or multi-national “legislation” as evidence of a body of “customary international law” enforceable in domestic courts, particularly in the area of tort liability. These “legislative” documents, which this Article refers to as customary international law outputs, are seen by some courts as evidence of jus cogens norms that bind not only nations and state actors, but also private individuals. The most obvious evidence of this trend is in the proliferation of lawsuits against corporations with ties to the …

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The Globalization Of Liberalization: Policy Diffusion In The International Political Economy, Zachary Elkins, Beth Simmons Dec 2003

The Globalization Of Liberalization: Policy Diffusion In The International Political Economy, Zachary Elkins, Beth Simmons

Zachary Elkins

No abstract provided.

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