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Hate Speech In The Constitutional Law Of The United States, William B. Fisch Oct 2002

Hate Speech In The Constitutional Law Of The United States, William B. Fisch

Faculty Publications

Our general reporter, Professor Pizzorusso, has given us “incitement to hatred” - primarily against a group of persons defined in terms of race, ethnicity, national origin, gender, religion, sexual orientation, and the like--as the working definition of “hate speech”, and asks to what extent such speech is constitutionally protected in the reporting countries. The United States of America are known at least in recent times for providing exceptionally broad protection for otherwise objectionable speech and expression, and hate speech is understood to be one of the areas in which they have positioned themselves further out on the speech-protective end of the ...


Race And The Development Of Law In America: Introduction To The Symposium, Robert A. Sedler Oct 2002

Race And The Development Of Law In America: Introduction To The Symposium, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Constitutional Issues In Information Privacy, Fred H. Cate, Robert Litan Oct 2002

Constitutional Issues In Information Privacy, Fred H. Cate, Robert Litan

Michigan Telecommunications & Technology Law Review

The U.S. Constitution has been largely ignored in the recent flurry of privacy laws and regulations designed to protect personal information from incursion by the private sector despite the fact that many of these enactments and efforts to enforce them significantly implicate the First Amendment. Questions about the role of the Constitution have assumed new importance in the aftermath of the September 11, 2001 terrorist attacks on the World Trade Center and the Pentagon. Recent efforts to identify and apprehend terrorists and to protect against future attacks threaten to weaken constitutional protections against government intrusions into personal privacy. However ...


Architexture, Akhil Reed Amar Oct 2002

Architexture, Akhil Reed Amar

Indiana Law Journal

Addison C. Harris Lecture, March 20, 2002


Congressional Power Over Presidential Elections: Lessons From The Past And Reforms For The Future, Dan T. Coenen, Edward J. Larson Mar 2002

Congressional Power Over Presidential Elections: Lessons From The Past And Reforms For The Future, Dan T. Coenen, Edward J. Larson

Scholarly Works

Presidential election controversies are nothing new. They have plagued our republic since 1801, when the fourth election for the office ended in a muddle that nearly deprived the rightful winner of the presidency. Each controversy has led to calls for reform. In every instance, the cryptic and troublesome constitutional text has hampered congressional efforts to correct the problems. Simply stated, the Constitution offers little explicit guidance on when and how Congress can regulate the selection of the President. In this Article, we explore the implications of this textual deficiency, looking both at what Congress has done in the past and ...


Enforcing Affirmative State Constitutional Obligations And Sheff V. O'Neill, Justin R. Long Jan 2002

Enforcing Affirmative State Constitutional Obligations And Sheff V. O'Neill, Justin R. Long

Law Faculty Research Publications

No abstract provided.


Pick A Number, Any Number: State Representation In Congress After The 2000 Census, Suzanna Sherry, Paul H. Edelman Jan 2002

Pick A Number, Any Number: State Representation In Congress After The 2000 Census, Suzanna Sherry, Paul H. Edelman

Vanderbilt Law School Faculty Publications

In this essay, Professors Edelman and Sherry explain the mathematics behind the allocation of congressional seats to each state, and survey the different methods of allocation that Congress has used over the years. Using 2000 census figures, they calculate each state's allocation under five different methods, and discuss the advantages and disadvantages of the various methods.


The Canon Has A History, Richard A. Primus Jan 2002

The Canon Has A History, Richard A. Primus

Reviews

Legal Canons, edited by J. M. Balkin and Sanford Levinson, is a collection of fourteen essays on subjects related to canonicity in law and legal education. Balkin and Levinson have two principal aims. One is to expand the category of things that can be canonical: not just texts, they say, but also arguments, problems, narrative frameworks, and examples invoked in conversation or teaching. In their view, what makes something canonical is its ability to reproduce itself in the minds of successive generations.' If generation after generation of legal academics argues about the countermajoritarian difficulty, then the countermajoritarian difficulty is a ...


...A Rendezvous With Kreplach: Putting The New Deal Court In Context, Richard D. Friedman Jan 2002

...A Rendezvous With Kreplach: Putting The New Deal Court In Context, Richard D. Friedman

Reviews

The Supreme Court of the New Deal era continues to captivate lawyers and historians. Constitutional jurisprudence changed rapidly during the period. Moreover, some of the most significant changes seemed--whatever the reality--to result from pressure imposed in 1937 by President Franklin Roosevelt's plan to pack the Court. The structure of constitutional law that emerged within a few years of Roosevelt's death remains intact in significant respects today.


Charities And The Constitution: Evaluating The Role Of Constitutional Principles In Determining The Scope Of Tax Law's Public Policy Limitation For Charities, David A. Brennen Jan 2002

Charities And The Constitution: Evaluating The Role Of Constitutional Principles In Determining The Scope Of Tax Law's Public Policy Limitation For Charities, David A. Brennen

Law Faculty Scholarly Articles

This Article expands the discussion of whether tax-exempt charities, for constitutional law purposes, should be treated as government actors, as private actors or as something in between. While government actors are subject to constitutional law restrictions concerning discrimination and free speech, private non-government actors are not generally subject to these same restrictions. Although tax-exempt charities are often thought of as sovereigns and, thus, government-like, the fact remains that charities are private entities created to serve public purposes. As private entities, charities - like all other private entities - are not necessarily bound by constitutional law principles. Still, the many “public” aspects of ...


Child Witness Policy: Law Interfacing With Social Science, Louise E. Graham, Dorothy F. Marsil, Jean Montoya, David Ross Jan 2002

Child Witness Policy: Law Interfacing With Social Science, Louise E. Graham, Dorothy F. Marsil, Jean Montoya, David Ross

Law Faculty Scholarly Articles

The number of children testifying in court has posed serious practical and legal problems for the judicial system. One problem confronting the courts is how to protect children from experiencing the psychological trauma resulting from a face-to-face confrontation with a defendant who may have physically harmed the child or threatened future harm to the child. Another concern is that this trauma may impair children's memory performance and their willingness to disclose the truth. In response to these concerns, child witness innovations proliferated throughout the United States in the 1980s and 1990s. Among the innovations were: placing a screen between ...


Paradise Lost: Good News Club, Charitable Choice, And The State Of Religious Freedom, Ian C. Bartrum Jan 2002

Paradise Lost: Good News Club, Charitable Choice, And The State Of Religious Freedom, Ian C. Bartrum

Scholarly Works

The United States Constitution's two religion clauses prohibit Congress from passing laws that establish religion or restrict its free exercise. This Note argues that James Madison and Thomas Jefferson worked to include this language in the Constitution because of their belief that citizens' religious duties were more fundamental than their civic duties. It argues that they intended the Constitution's religion clauses to form a simple dialectic: the government may not force citizens to renounce their religious duties by compelling them to support another faith, nor may it pass laws that act coercively to restrict their religious beliefs and ...


Redeeming The Welshed Guarantee: A Scheme For Achieving Justiciability, Ethan J. Leib Jan 2002

Redeeming The Welshed Guarantee: A Scheme For Achieving Justiciability, Ethan J. Leib

Faculty Scholarship

In this article, I suggest that Congress re-pass its progressive legislation under the jurisdictional basis of its Guarantee Clause power. While arguments for justiciability continue to be made, a pragmatic way to achieve it has not been spelled out. Part II will lay out versions of republicanism I hope to see discussed in the context of the Guarantee Clause. Part III will explore republicanism's excessive attention on the courts, recommending the aforementioned approach of Jeremy Waldron. Part IV will briefly suggest how some of the legislation recently curtailed by the Supreme Court might be justified under a theory of ...


Of Orphans And Vouchers: Nevada's "Little Blaine Amendment" And The Future Of Religious Participation In Public Programs, Jay S. Bybee Jan 2002

Of Orphans And Vouchers: Nevada's "Little Blaine Amendment" And The Future Of Religious Participation In Public Programs, Jay S. Bybee

Scholarly Works

In December 1875, President Ulysses S. Grant delivered his last annual message to Congress. He warned of “the dangers threatening us” and the “importance that all [men] should be possessed of education and intelligence,” lest “ignorant men . . . sink into acquiescence to the will of intelligence, whether directed by the demagogue or by priestcraft.” He recommended as “the primary step” a constitutional amendment “making it the duty of each of the several States to establish and forever maintain free public schools adequate to the education of all of the children” and “prohibiting the granting of any school funds, or school taxes ...


Zoning Churches: Washington State Constitutional Limitations On The Application Of Land Use Regulations To Religious Buildings, Darren E. Carnell Jan 2002

Zoning Churches: Washington State Constitutional Limitations On The Application Of Land Use Regulations To Religious Buildings, Darren E. Carnell

Seattle University Law Review

This Article traces a path to various land use regulatory approaches that should survive scrutiny under the Washington State Constitution. Part I outlines the legal history of challenges to the application of zoning regulations to church buildings; Part I also describes the contexts in which such disputes presently arise. Part II introduces the Washington State Constitution's provision regarding the free exercise of religion and describes the limited body of case law that has applied this provision in the land use context. Part III considers the role of federal case law in interpreting the free exercise clause of the Washington ...


Trying To Fit An Oval Shaped Island Into A Square Constitution: Arguments For Puerto Rican Statehood, Jose D. Roman Jan 2002

Trying To Fit An Oval Shaped Island Into A Square Constitution: Arguments For Puerto Rican Statehood, Jose D. Roman

Fordham Urban Law Journal

This Comment focuses on the limits placed on Puerto Rico under the United States Constitution and concludes that Puerto Rico must become the 51st state to improve its status under the Constitution. It explores Puerto Rico's relationship with the United States and its unusual position under the Constitution. This Comment then examines the voting rights issues facing Puerto Ricans, including a First Circuit case which denied Puerto Ricans the right to vote in presidential elections. The Comment concludes that this case was correctly decided and the Supreme Court, in other decisions, has only recognized a limited right to vote ...


September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs Jan 2002

September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs

Fordham Urban Law Journal

This Comment examines how the United States should react to the threat of domestic terrorism while maintaining citizens' civil liberties in the wake of the events on September 11, 2001. The Comment first compares and contrasts three classic theories of democracy: constitutional democracy, representative democracy and deliberative democracy. It next describes how representative and constitutional democracy were applied during the Japanese internment during World War II. Part III compares the Japanese internment to the challenges after the September 11 attacks and analyzes the roles different branches should have in protecting civil liberties. Finally, the Comment recommends applying a theory of ...


Tradition, Principle And Self-Sovereignty: Competing Conceptions Of Liberty In The United States Constitution, Robin West Jan 2002

Tradition, Principle And Self-Sovereignty: Competing Conceptions Of Liberty In The United States Constitution, Robin West

Georgetown Law Faculty Publications and Other Works

The “liberty” protected by the United States Constitution has been variously interpreted as the “liberty” of thinking persons to speak, worship and associate with others, unimpeded by onerous state law; the liberty of consumers and producers to make individual market choices, including the choice to sell one’s labour at any price one sees fit, free of redistributive or paternalistic legislation that might restrict it; and the liberty of all of us in the domestic sphere to make choices regarding reproductive and family life, free of state law that might restrict it on grounds relating to public morals. Although the ...


Is There A Little (Or Not So Little) Constitutional Crisis Developing In Indian Law?, Frank Pommersheim Dec 2001

Is There A Little (Or Not So Little) Constitutional Crisis Developing In Indian Law?, Frank Pommersheim

Frank Pommersheim

No abstract provided.