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Articles 31 - 60 of 214
Full-Text Articles in Entire DC Network
Equality: A Test On Equal Protection, Alan E. Garfield
Equality: A Test On Equal Protection, Alan E. Garfield
Alan E Garfield
No abstract provided.
Implied Vs. Fundamental Freedom: A Test, Alan E. Garfield
Implied Vs. Fundamental Freedom: A Test, Alan E. Garfield
Alan E Garfield
No abstract provided.
A Quiz On Federal Power And States’ Rights, Alan E. Garfield
A Quiz On Federal Power And States’ Rights, Alan E. Garfield
Alan E Garfield
No abstract provided.
Constitutional Conundrums, Alan E. Garfield
A Plea For Constitutional Balance, Stephen M. Feldman
A Plea For Constitutional Balance, Stephen M. Feldman
Stephen M. Feldman
Free Speech And Parity: A Theory Of Public Employee Rights, Randy J. Kozel
Free Speech And Parity: A Theory Of Public Employee Rights, Randy J. Kozel
Randy J Kozel
More than four decades have passed since the U.S. Supreme Court revolutionized the First Amendment rights of the public workforce. In the ensuing years the Court has embarked upon an ambitious quest to protect expressive liberties while facilitating orderly and efficient government. Yet it has never articulated an adequate theoretical framework to guide its jurisprudence. This Article suggests a conceptual reorientation of the modern doctrine. The proposal flows naturally from the Court’s rejection of its former view that one who accepts a government job has no constitutional right to complain about its conditions. As a result of that rejection, the …
Make It Count: Your Vote Is Vital In Determining The Future Of The Supreme Court, Alan E. Garfield
Make It Count: Your Vote Is Vital In Determining The Future Of The Supreme Court, Alan E. Garfield
Alan E Garfield
No abstract provided.
Law And Religion Collide: Supreme Court Punts High-Profile Case Concerning The Legality Of Ensuring Female Contraception Insurance In The Face Of Religious Objections, Alan E. Garfield
Alan E Garfield
No abstract provided.
Advice And Consent: The Power Struggle Behind Merrick Garland’S Supreme Court Nomination, Alan E. Garfield
Advice And Consent: The Power Struggle Behind Merrick Garland’S Supreme Court Nomination, Alan E. Garfield
Alan E Garfield
A Roundtable Discussion With Stephen L. Carter & Michael J. Gerhardt, Thomas E. Baker
A Roundtable Discussion With Stephen L. Carter & Michael J. Gerhardt, Thomas E. Baker
Thomas E. Baker
Transcript of a discussion regarding the United States Supreme Court, the Supreme Court justices and justice nominees, the Senate process for confirming nominees and related issues such as fitness to serve on the court and judicial activism.
Pre-Constitutional Law And Constitutions: Spanish Colonial Law And The Constitution Of Cádiz, M C. Mirow
Pre-Constitutional Law And Constitutions: Spanish Colonial Law And The Constitution Of Cádiz, M C. Mirow
M. C. Mirow
This article contributes to the intellectual and legal history of this constitutional document. It also provides a close study of how pre-constitutional laws are employed in writing constitutions. It examines the way Spanish colonial law, known as "derecho indiano" in Spanish, was used in the process of drafting the Constitution and particularly the way these constitutional activities and provisions related to the Americas. The article asserts that this pre-constitutional law was used in three distinct ways: as general knowledge related to the Americas and their institutions; as a source for providing a particular answer to a specific legal question; and …
Marbury In Mexico: Judicial Review’S Precocious Southern Migration, M C. Mirow
Marbury In Mexico: Judicial Review’S Precocious Southern Migration, M C. Mirow
M. C. Mirow
In attempting to construct United States-style judicial review for the Mexican Supreme Court in the 1880s, Ignacio Vallarta, president of the court, read Marbury in a way that preceded this use of the case in the United States. Using this surprising fact as a central example, this article makes several important contributions to the field of comparative constitutional law. The work demonstrates that through constitutional migration, novel readings of constitutional sources can arise in foreign fora. In an era when the United States Supreme Court may be accused of parochialism in its constitutional analysis, the article addresses the current controversy …
Labor Unions And Corporations Both Play Their Vital Roles, Alan E. Garfield
Labor Unions And Corporations Both Play Their Vital Roles, Alan E. Garfield
Alan E Garfield
No Free Lunch, But Dinner And A Movie (And Contraceptives For Dessert)?, John C. Eastman
No Free Lunch, But Dinner And A Movie (And Contraceptives For Dessert)?, John C. Eastman
John C. Eastman
The Power To Control Immigration Is A Core Aspect Of Sovereignty, John C. Eastman
The Power To Control Immigration Is A Core Aspect Of Sovereignty, John C. Eastman
John C. Eastman
The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz
The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz
Bruce Ledewitz
Echoes From The Segregationist Past At Oral Argument, Mary Ellen Maatman
Echoes From The Segregationist Past At Oral Argument, Mary Ellen Maatman
Mary Ellen Maatman
Not All Black And White, Alan E. Garfield
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Mark P. Gergen
Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing. Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.” Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without proof …
The Impact Of “Standing” Is Anything But Boring, Alan E. Garfield
The Impact Of “Standing” Is Anything But Boring, Alan E. Garfield
Alan E Garfield
No abstract provided.
Europe's Darker Legacies; Notes On Mirror Reflections, The Constitution As Fetish, And Other Such Linkages Between The Past And The Future Darker Legacies Of Law In Europe; The Shadow Of National Socialism And Fascism Over Europe And Its Legal Traditions Edited, By Christian Joerges And Navraj Singh Ghaleigh (Eds); European Constitutionalism Beyond The State, By J. H. H. Weiler And Marlene Wind (Eds), Peer Zumbansen
Peer Zumbansen
No abstract provided.
Is It Time To Stop Tinkering With The Machinery Of Death?, Alan E. Garfield
Is It Time To Stop Tinkering With The Machinery Of Death?, Alan E. Garfield
Alan E Garfield
No abstract provided.
Law's Religion: Rendering Culture, Benjamin L. Berger
Law's Religion: Rendering Culture, Benjamin L. Berger
Benjamin L. Berger
This article argues that constitutional law's inability to deal with religion in a satisfying way flows, in part, from its failure to understand religion as, in a robust sense, culture. Once one begins to understand the Canadian constitutional rule of law itself as a cultural form, it becomes apparent that law renders religion in a very particular fashion, and that this rendering is a product of law's symbolic categories and interpretive horizons. This article draws out the elements of Canadian constitutionalism's unique rendering of religion and argues that, although Canadian constitutionalism claims to understand religion as a culture, this is …
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Doug Rendleman
Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing. Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.” Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without proof …
First Amendment; Freedom Of Speech; Broadcasting; Obscenity; Fcc V. Pacifica Foundation, James E. Moliterno
First Amendment; Freedom Of Speech; Broadcasting; Obscenity; Fcc V. Pacifica Foundation, James E. Moliterno
James E. Moliterno
“ ‘I was thinking about the curse words and the swear words, the cuss L words and the words you can't say . . .the words you couldn't say on the public, ah, airwaves... the ones that will curve your spine [and] grow hair on your hands ....’ While this is the satiric opinion of George Carlin, the Federal Communications Commission (FCC) and a bare majority of the United States Supreme Court have embraced it as their genuine opinion.' They have decided to protect the public from the fate of hearing Carlin's social criticism regarding seven ‘dirty’ words.”
Who’S The ‘We?’ Who’S ‘The People?’, Rodney A. Smolla
Who’S The ‘We?’ Who’S ‘The People?’, Rodney A. Smolla
Rod Smolla
No abstract provided.
The Right To Contract: Use Of Domestic Partnership As A Strategic Alternative To The Right To Marry Same-Sex Partners, Dara Purvis
The Right To Contract: Use Of Domestic Partnership As A Strategic Alternative To The Right To Marry Same-Sex Partners, Dara Purvis
Dara Purvis
Shortly after the Civil War, a series of cases argued that the Civil Rights Act of 1866 gave black Americans the right to make contracts, including a marriage contract, with whomever they chose. While the cases were almost uniformly unsuccessful at that time, this paper argues that claims based on private contracts replicating some of marriage’s benefits, stripped of the social and religious freight of marriage, are more compelling. State constitutional amendments banning not only marriage, but any legal recognition of a marriage-like relationship, demonstrate that animus underlies the prohibitions and that the amendments violate the Equal Protection Clause even …
All American Citizens Fall Under ‘We The People,’ But Who Is Really Included?, Alan E. Garfield
All American Citizens Fall Under ‘We The People,’ But Who Is Really Included?, Alan E. Garfield
Alan E Garfield
No abstract provided.
California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias
California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias
Tim Iglesias
Local governments, housing advocates, and people who need affordable housing won a solid victory in the California Supreme Court's unanimous opinion in California Bldg. Indus. Ass'n v. City of San Jose. In a complex 64-page opinion that is clearly drafted and rigorously argued, the court held that inclusionary zoning is a constitutionally permissible strategy to produce affordable housing and to promote economic integration that is subject to rational basis review and not heightened scrutiny.
This article outlines the factual and legal background of the case and discusses the court's reasoning in reaching its decision, including the court's refusal to find …
The Conflict Of Laws In Armed Conflicts And Wars, John C. Dehn
The Conflict Of Laws In Armed Conflicts And Wars, John C. Dehn
John C. Dehn
After over thirteen years of continuous armed conflict, neither courts nor scholars are closer to a common understanding of whether, or how, international and U.S. law interact to regulate acts of belligerency by the United States. This Article articulates the first normative theory regarding the relationship of customary international law to U.S. domestic law that fully harmonizes Supreme Court precedent. It then applies this theory to customary international laws of war to better articulate the legal framework regulating the armed conflicts of the United States. It demonstrates that the relationship of customary international law to U.S. law differs in cases …