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Constitutional Law

2008

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Who Should Appoint Judges Of The D.C. Courts?, Charles A. Miller Dec 2008

Who Should Appoint Judges Of The D.C. Courts?, Charles A. Miller

University of the District of Columbia Law Review

Since 1970, the District of Columbia court system has been comprised of the District of Columbia Court of Appeals and the Superior Court of the District of Columbia.' From the time of the establishment of the District, judges of its courts have been appointed by the President of the United States, acting on the advice of the Attorney General. When the general issue of District home rule came before Congress in the 1960s, one of the subjects considered was the judicial appointment process. In 1970, the District of Columbia Court Reform and Criminal Procedure Act 2 continued the Presidential appointment …


The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum Dec 2008

The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum

University of the District of Columbia Law Review

No abstract provided.


December 31, 2008: Ursula K. Leguin Responds, Bruce Ledewitz Dec 2008

December 31, 2008: Ursula K. Leguin Responds, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ursula K. LeGuin Responds“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Is Zina Bil Jabr A Hadd, Taz‛Ir Or Siyasa Offence?: A Reappraisal Of The Protection Of Women Act 2006 In Pakistan”, Muhammad Munir Dr. Dec 2008

Is Zina Bil Jabr A Hadd, Taz‛Ir Or Siyasa Offence?: A Reappraisal Of The Protection Of Women Act 2006 In Pakistan”, Muhammad Munir Dr.

Dr. Muhammad Munir

This article briefly discusses the various laws passed by the regime of General Musharraf (1999-2008) to relieve the plight of helpless women in Pakistan and analyses the Protection of Women Act, 2006 from a legal, rather than from a political or emotional perspective. It scrutinizes the opinions of leading 'ulama, such as Justice (R) Taqi 'Uthmani, Mufti Muneebur Rahman, Moulana 'Abdul Malik, and Hasan Madani. The position of women rights' groups about the said law is discussed; the claim of the then government that the Act is compatible with the Qur'an and the Sunnah is examined; the various changes made …


December 29, 2008: Hegel On Hallowed Secularism, Bruce Ledewitz Dec 2008

December 29, 2008: Hegel On Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hegel on Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 26, 2008: Chanukah—The Victory Of The Taliban, Bruce Ledewitz Dec 2008

December 26, 2008: Chanukah—The Victory Of The Taliban, Bruce Ledewitz

Hallowed Secularism

Blog post, “Chanukah—the Victory of the Taliban“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 24, 2008: The Humanlight Holiday, Bruce Ledewitz Dec 2008

December 24, 2008: The Humanlight Holiday, Bruce Ledewitz

Hallowed Secularism

Blog post, “The HumanLight Holiday“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder Dec 2008

Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


December 22, 2008: A New Kind Of Faith, Bruce Ledewitz Dec 2008

December 22, 2008: A New Kind Of Faith, Bruce Ledewitz

Hallowed Secularism

Blog post, “A New Kind of Faith“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder Dec 2008

Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


December 18, 2008: The Hatred Of Unions, Bruce Ledewitz Dec 2008

December 18, 2008: The Hatred Of Unions, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Hatred of Unions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 16, 2008: Is Dobby Really Free?, Bruce Ledewitz Dec 2008

December 16, 2008: Is Dobby Really Free?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Dobby Really Free?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Honor's Constitutional Moment: The Oath And Presidential Transitions, Paul Horwitz Dec 2008

Honor's Constitutional Moment: The Oath And Presidential Transitions, Paul Horwitz

NULR Online

No abstract provided.


December 11, 2008: The Firing Of Don Guter, Bruce Ledewitz Dec 2008

December 11, 2008: The Firing Of Don Guter, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Firing of Don Guter“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Arizona V. Johnson: Determining When A Terry Stop Becomes Consensual, Ryan Thompson Dec 2008

Arizona V. Johnson: Determining When A Terry Stop Becomes Consensual, Ryan Thompson

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


December 8, 2008: The Future Of Secularism In American Politics, Bruce Ledewitz Dec 2008

December 8, 2008: The Future Of Secularism In American Politics, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Future of Secularism in American Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Pacific Bell V. Linkline: Price Squeezing And The Limits Of Judicial Administrability, Sandeep Vaheesan Dec 2008

Pacific Bell V. Linkline: Price Squeezing And The Limits Of Judicial Administrability, Sandeep Vaheesan

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


December 7, 2008: The Conclusion Of For The Establishment Of Religion, Bruce Ledewitz Dec 2008

December 7, 2008: The Conclusion Of For The Establishment Of Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Conclusion of For the Establishment of Religion “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Fitzgerald V. Barnstable School Committee: Enforcement Of Constitutional Rights, Sarah Branstetter Dec 2008

Fitzgerald V. Barnstable School Committee: Enforcement Of Constitutional Rights, Sarah Branstetter

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Davis V. Fec: The First Amendment Rights Of A Wealthy Candidate, Jeremy Earl Dec 2008

Davis V. Fec: The First Amendment Rights Of A Wealthy Candidate, Jeremy Earl

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Panetti V. Quarterman: Raising The Bar Against Executing The Incompetent, D. G. Maxted Dec 2008

Panetti V. Quarterman: Raising The Bar Against Executing The Incompetent, D. G. Maxted

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


December 4, 2008: The Secularization Of Islam, Bruce Ledewitz Dec 2008

December 4, 2008: The Secularization Of Islam, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Secularization of Islam“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Explaining Change And Rethinking Dirty Words: Fcc V. Fox Television Stations, Inc., Tobias Coleman Dec 2008

Explaining Change And Rethinking Dirty Words: Fcc V. Fox Television Stations, Inc., Tobias Coleman

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


December 2, 2008: How Thankful Was Your Thanksgiving?, Bruce Ledewitz Dec 2008

December 2, 2008: How Thankful Was Your Thanksgiving?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Thankful Was Your Thanksgiving?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Giving Dissenters Back Their Rights: How The White House Presidential Advance Manual Changes The First Amendment And Standing Debates, Kimberly Albrecht-Taylor Dec 2008

Giving Dissenters Back Their Rights: How The White House Presidential Advance Manual Changes The First Amendment And Standing Debates, Kimberly Albrecht-Taylor

William & Mary Bill of Rights Journal

No abstract provided.


Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora Dec 2008

Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora

University of Michigan Journal of Law Reform

The current "war on terror" provides the Bush administration with a unique opportunity to both establish clear guidelines for the interrogation of detainees and to make a forceful statement about American values. How the government chooses to act can promote either an ethical commitment to the norms of civil society, or an attitude analogous to Toby Keith's "American Way," where Keith sings that "you'll be sorry that you messed with the USofA, 'Cuz we'll put a boot in your ass, It's the American Way."


German Equal Protection: Substantive Review Of Economic Measures, Edward J. Eberle Dec 2008

German Equal Protection: Substantive Review Of Economic Measures, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Does Heller Protect A Right To Carry Guns Outside The Home?, Michael C. Dorf Dec 2008

Does Heller Protect A Right To Carry Guns Outside The Home?, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Comparative Advantages Of The Supreme People’S Court Judgement(最高人民法院判决的比较优势), Meng Hou Dec 2008

Comparative Advantages Of The Supreme People’S Court Judgement(最高人民法院判决的比较优势), Meng Hou

Hou Meng

No abstract provided.


Unraveling Judicial Restraint: Guns, Abortion, And The Faux Conservatism Of J. Harvie Wilkinson, Iii, Nelson Lund, David B. Kopel Dec 2008

Unraveling Judicial Restraint: Guns, Abortion, And The Faux Conservatism Of J. Harvie Wilkinson, Iii, Nelson Lund, David B. Kopel

David B Kopel

Writing in the Virginia Law Review, a distinguished federal judge maintains that true conservatives are required to substitute principles of judicial restraint for an inquiry into the original meaning of the Constitution. Accordingly, argues J. Harvie Wilkinson, III, the Supreme Court's Second Amendment decision in District of Columbia v. Heller is an activist decision just like Roe v. Wade: "[B]oth cases found judicially enforceable substantive rights only ambiguously rooted in the Constitution's text." In this response, we challenge his critique.

Part I shows that Judge Wilkinson's analogy between Roe and Heller is untenable. The right of the people to keep …