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Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee
Edward Lee
This Essay examines the possible effect the Supreme Court’s landmark Second Amendment ruling in District of Columbia v. Heller will have on future cases brought under the Free Press Clause. Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court itself repeatedly suggested. Only two provisions in the entire Constitution protect individual rights to a technology: the Second Amendment’s right to bear “arms” and the Free Press Clause’s right to the freedom of the “press,” meaning the printing press. Both rights were viewed, moreover, as preexisting, natural rights to …
Belonging And Empowerment: A New "Civil Rights" Paradigm Based On Lessons Of The Past, Rebecca E. Zietlow
Belonging And Empowerment: A New "Civil Rights" Paradigm Based On Lessons Of The Past, Rebecca E. Zietlow
Rebecca E Zietlow
ABSTRACT: Despite the advances that African Americans have made in our country as a result of the Civil Rights movement of the 1960s, poverty stubbornly persists in communities of color throughout our country. Our current civil rights paradigm, which is rooted in the Equal Protection Clause, and prohibits intentional state discrimination on the basis of immutable characteristics, simply is not working. This article suggests an alternative approach, one based not solely in equality norms but in facilitating the belonging of outsiders in our society. The subordination of people of color in our society has never been just about race. Rather, …
Looking Off The Ball: Constitutional Law And American Politics, Mark A. Graber
Looking Off The Ball: Constitutional Law And American Politics, Mark A. Graber
Mark Graber
“Looking Off the Ball” details how and why constitutional law influences both judicial and public decision making. Treating justices as free to express their partisan commitments may seem to explain Bush v. Gore*, but not the judicial failure to intervene in the other numerous presidential elections in which the candidate favored by most members of the Supreme Court lost. Constitutional norms and standards generate legal agreements among persons who dispute the underlying merits of particular policies under constitutional attack. The norms and standards explain constitutional criticism, why only a small proportion of the political questions that occupy Americans are normally …
Mistretta Versus Marbury: The Foundations Of Judicial Review, Maxwell L. Stearns
Mistretta Versus Marbury: The Foundations Of Judicial Review, Maxwell L. Stearns
Maxwell L. Stearns
No abstract provided.
Climate Change And The Political Question Doctrine, James R. May
Climate Change And The Political Question Doctrine, James R. May
James R. May
No abstract provided.
The Disaggregation Of Race And Class In United States Civil Rights Law, Rebecca Zietlow
The Disaggregation Of Race And Class In United States Civil Rights Law, Rebecca Zietlow
Rebecca E Zietlow
Despite the advances that African Americans have made in our country as a result of the Civil Rights movement of the 1960s, poverty stubbornly persists in communities of color throughout our country. Our current civil rights paradigm, which is rooted in the Equal Protection Clause, and prohibits intentional state discrimination on the basis of immutable characteristics, simply is not working. This article suggests an alternative approach, one based not solely in equality norms but in facilitating the belonging of outsiders in our society. The subordination of people of color in our society has never been just about race. Rather, racism …
Are There General Principles Of Community Law Affecting Private Law?, Hans Henrik Lidgard, Xavier Groussot
Are There General Principles Of Community Law Affecting Private Law?, Hans Henrik Lidgard, Xavier Groussot
Hans Henrik Lidgard
No abstract provided.
The Reception Of The Echr In National Legal Orders, Alec Stone Sweet, Helen Keller
The Reception Of The Echr In National Legal Orders, Alec Stone Sweet, Helen Keller
Alec Stone Sweet
No abstract provided.
Proportionality Balancing And Global Constitutionalism, Alec Stone Sweet, Jud Mathews
Proportionality Balancing And Global Constitutionalism, Alec Stone Sweet, Jud Mathews
Alec Stone Sweet
No abstract provided.
‘Move On’ Orders As Fourth Amendment Seizures, Stephen E. Henderson
‘Move On’ Orders As Fourth Amendment Seizures, Stephen E. Henderson
Stephen E Henderson
If a police officer orders one to move on, must the recipient comply? This article analyzes whether there is a federal constitutional right to remain, and in particular whether a police command to move on constitutes a seizure of the person for purposes of the Fourth Amendment. Although it is a close question, I conclude that the Fourth Amendment typically does not restrict a move on (MO) order, and that substantive due process only prohibits the most egregious such orders. It is a question of broad significance given the many legitimate reasons police might order persons to move on, as …