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Constitutional Law

2016

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Social Media Accountability For Terrorist Propaganda, Alexander Tsesis Dec 2016

Social Media Accountability For Terrorist Propaganda, Alexander Tsesis

Faculty Publications & Other Works

Terrorist organizations have found social media websites to be invaluable for disseminating ideology, recruiting terrorists, and planning operations. National and international leaders have repeatedly pointed out the dangers terrorists pose to ordinary people and state institutions. In the United States, the federal Communications Decency Act's § 230 provides social networking websites with immunity against civil law suits. Litigants have therefore been unsuccessful in obtaining redress against internet companies who host or disseminate third-party terrorist content. This Article demonstrates that § 230 does not bar private parties from recovery if they can prove that a social media company had received complaints about ...


Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin Dec 2016

Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin

Articles

No abstract provided.


Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick Dec 2016

Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann Dec 2016

Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


The Bad, The Ugly, And The Uglier: How Fear And Misconceptions Are Flushing Away Equal Rights And Treatment For Transgender People, Laura Falco Dec 2016

The Bad, The Ugly, And The Uglier: How Fear And Misconceptions Are Flushing Away Equal Rights And Treatment For Transgender People, Laura Falco

Tennessee Journal of Race, Gender, & Social Justice

Our country has gone through multiple social changes over the years, and now we find ourselves in the middle of another change—one involving the transgender community. This community is and has been continuously fighting for equal rights and treatment. It is 2016 and the fight for equal rights in our country is at a tipping point. A tip in one direction would constitute a huge step in the fight for equal rights, but a tip in the other direction could result in unprecedented effects on transgender individuals and the rest of the LGBTQ community. The LGBTQ community just wants ...


Unraveling The Inequitable Nature Of The Model Minority: Asian-Americans Deserve Affirmative Action, Christopher Atlee F. Arcitio Dec 2016

Unraveling The Inequitable Nature Of The Model Minority: Asian-Americans Deserve Affirmative Action, Christopher Atlee F. Arcitio

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Constituciones Duraderas – Una Crítica Democrática (Enduring Constitutions – A Democratic Critique), Allan C. Hutchinson, Joel Colon-Rios Dec 2016

Constituciones Duraderas – Una Crítica Democrática (Enduring Constitutions – A Democratic Critique), Allan C. Hutchinson, Joel Colon-Rios

Allan C. Hutchinson

This paper argues that formal constitutions and their institutional paraphernalia do more to inhibit and mitigate the emancipatory potential of democracy than to nurture and realize it. Spanish Abstract: La relación entre democracia y constituciones es larga y turbulenta. La tendencia de los que se inclinan hacia el lado constitucionalista ha sido la de percibir a la democracia como una amenaza al orden político y a la preservación de ciertos valores considerados importantes, mientras que los que adoptan una postura democrática, más que cualquier otra cosa, tienden a tratar a las constituciones como un obstáculo a la participación popular. En ...


Difficult Questions For The Senate Minority, John M. Greabe Dec 2016

Difficult Questions For The Senate Minority, John M. Greabe

Law Faculty Scholarship

This column is the first in a biweekly Constitutional Connections series that will examine the constitutional implications of various topics in the news. The author, John Greabe, teaches constitutional law and related subject at the University of New Hampshire School of Law. He also serves on the board of trustees of the New Hampshire Institute for Civics Education.


Thompson V. Shapiro: Residence Requirements And The Right To Life Dec 2016

Thompson V. Shapiro: Residence Requirements And The Right To Life

The Catholic Lawyer

No abstract provided.


Fair Trial And Free Press, Herbert M. Anderson Dec 2016

Fair Trial And Free Press, Herbert M. Anderson

The Catholic Lawyer

No abstract provided.


The Twilight Of Nonspeech, Bernard E. Gegan Dec 2016

The Twilight Of Nonspeech, Bernard E. Gegan

The Catholic Lawyer

No abstract provided.


Reforming School Discipline, Derek W. Black Dec 2016

Reforming School Discipline, Derek W. Black

Northwestern University Law Review

Public schools suspend millions of students each year, but less than ten percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively affects misbehaving students as well as innocent bystanders. All things being equal, schools that manage student behavior through means other than suspension produce the highest achieving students. In this respect, the quality of education a school provides is closely connected to its discipline policies.

Reformers have largely overlooked the connection between discipline and ...


Knowledge And Fourth Amendment Privacy, Matthew Tokson Dec 2016

Knowledge And Fourth Amendment Privacy, Matthew Tokson

Northwestern University Law Review

This Article examines the central role that knowledge plays in determining the Fourth Amendment’s scope. What people know about surveillance practices or new technologies often shapes the “reasonable expectations of privacy” that define the Fourth Amendment’s boundaries. From early decisions dealing with automobile searches to recent cases involving advanced information technologies, courts have relied on assessments of knowledge in a wide variety of Fourth Amendment contexts. Yet the analysis of knowledge in Fourth Amendment law is rarely if ever studied on its own.

This Article fills that gap. It starts by identifying the characteristics of Fourth Amendment knowledge ...


In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism, Brendan Duffy Dec 2016

In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism, Brendan Duffy

Northwestern University Law Review

Over the last twenty years, domestic asset protection trusts have risen in popularity as a means of estate planning and asset protection. A domestic asset protection trust is an irrevocable trust formed under state law which enables an independent trustee to allocate money to a class of

persons, which includes the settlor.

Since Alaska first enacted domestic asset protection legislation in 1997, fifteen states have followed its lead. The case law over the last twenty years addressing these trust mechanisms has, however, been surprisingly sparse. A Washington bankruptcy court decision, In re Huber, altered this drought, but caused more confusion ...


Rental Home Sweet Home: The Disparate Impact Solution For Renters Evicted From Residential Foreclosures, David Lurie Dec 2016

Rental Home Sweet Home: The Disparate Impact Solution For Renters Evicted From Residential Foreclosures, David Lurie

Northwestern University Law Review

At the end of the last decade, a drastic spike in residential foreclosures brought unprecedented attention to the damage that mass foreclosure often brings to primarily low-income, minority–majority communities. Much of this attention—in both the media and in the legal arena—has been devoted to homeowners disadvantaged by predatory loans and other unsavory practices. However, a recent body of scholarship has shown that the brunt of mass foreclosure often falls on renters, who often have little or no procedural protection from speedy and unexpected eviction from their homes, regardless of lease status or tenure. This Note argues that ...


The Death Penalty And The Fifth Amendment, Joseph Blocher Dec 2016

The Death Penalty And The Fifth Amendment, Joseph Blocher

Northwestern University Law Review

Can the Supreme Court find unconstitutional something that the text of the Constitution “contemplates”? If the Bill of Rights mentions a punishment, does that make it a “permissible legislative choice” immune to independent constitutional challenges?

Recent developments have given new hope to those seeking constitutional abolition of the death penalty. But some supporters of the death penalty continue to argue, as they have since Furman v. Georgia, that the death penalty must be constitutional because the Fifth Amendment explicitly contemplates it. The appeal of this argument is obvious, but its strength is largely superficial, and is also mostly irrelevant to ...


Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross Dec 2016

Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross

William & Mary Bill of Rights Journal

No abstract provided.


The Flawed Reasoning Behind Johnson V. United States And A Solution: Why A Facts-Based Approach Should Have Been Used To Interpret The Residual Clause Of The Armed Career Criminal Act, Jake Albert Dec 2016

The Flawed Reasoning Behind Johnson V. United States And A Solution: Why A Facts-Based Approach Should Have Been Used To Interpret The Residual Clause Of The Armed Career Criminal Act, Jake Albert

William & Mary Bill of Rights Journal

No abstract provided.


Law And The Demise Of The Urban Ghetto Part Ii Dec 2016

Law And The Demise Of The Urban Ghetto Part Ii

The Catholic Lawyer

No abstract provided.


Amendment Of The Abortion Law: Relevant Data And Judicial Opinion, John T. Noonan, Jr. Dec 2016

Amendment Of The Abortion Law: Relevant Data And Judicial Opinion, John T. Noonan, Jr.

The Catholic Lawyer

No abstract provided.


Abortion Legislation And The Establishment Clause Dec 2016

Abortion Legislation And The Establishment Clause

The Catholic Lawyer

No abstract provided.


Abortion Litigation Dec 2016

Abortion Litigation

The Catholic Lawyer

No abstract provided.


Why Coywolf Goes To Court, Signa A. Daum Shanks Dec 2016

Why Coywolf Goes To Court, Signa A. Daum Shanks

Signa A. Daum Shanks

This article is an effort influenced by previous works considered part of "trickster" discourse. But unlike other trickster stories meant to illustrate First Nations’ contents and processes, this presentation creates a Métis-specific example of trickster methodology and knowledge. Similar to the historic role Métis individuals have had in Canadian history, this effort contains a type of "translator" system within its citations so that the main story parallels information about trends in Canadian legal analysis. By having this format, it is hoped that those less familiar with Métis courtroom struggles will gain insight into how the pursuit of Métis constitutionalism both ...


Towards Constitutional Development Within The Church Dec 2016

Towards Constitutional Development Within The Church

The Catholic Lawyer

No abstract provided.


Obscenity: The Intractable Legal Problem, John Cornelius Hayes Dec 2016

Obscenity: The Intractable Legal Problem, John Cornelius Hayes

The Catholic Lawyer

No abstract provided.


Waiver Of Immunity - Public Officials, Robert E. Parella Dec 2016

Waiver Of Immunity - Public Officials, Robert E. Parella

The Catholic Lawyer

No abstract provided.


Rwu First Amendment Blog: Jenna Hashway's Blog: Blocking Women's March From Key D.C. Sites Risks Infringing On First Amendment Rights 12-12-2016, Jenna Wims Hashway, Roger Williams University Dec 2016

Rwu First Amendment Blog: Jenna Hashway's Blog: Blocking Women's March From Key D.C. Sites Risks Infringing On First Amendment Rights 12-12-2016, Jenna Wims Hashway, Roger Williams University

Law School Blogs

No abstract provided.


Social Facts, Legal Fictions, And The Attribution Of Slave Status: The Puzzle Of Prescription, Rebecca J. Scott Dec 2016

Social Facts, Legal Fictions, And The Attribution Of Slave Status: The Puzzle Of Prescription, Rebecca J. Scott

Articles

In case after case, prosecutors, judges and juries therefore still struggle to come up with a definition of slavery, looking for some set of criteria or indicia that will enable them to discern whether the phenomenon they are observing constitutes enslavement. In this definitional effort, contemporary jurists may imagine that in the past, surely the question was simpler: someone either was or was not a slave. However, the existence of a set of laws declaring that persons could be owned as property did not, even in the nineteenth century, answer by itself the question of whether a given person was ...


Applicability Of Sixth Amendment Guarantees To Military Proceedings Dec 2016

Applicability Of Sixth Amendment Guarantees To Military Proceedings

The Catholic Lawyer

No abstract provided.


Religious Freedom And The Church-State Relationship In Maryland, Kenneth L. Lasson Dec 2016

Religious Freedom And The Church-State Relationship In Maryland, Kenneth L. Lasson

The Catholic Lawyer

No abstract provided.