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2005

Constitution

Discipline
Institution
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Articles 31 - 43 of 43

Full-Text Articles in Entire DC Network

The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen Jan 2005

The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen

Faculty Scholarship

This paper argues that the market participant exception to the dormant commerce clause reflects the same concerns that led to the clear statement doctrine for application of general legislation to the operations of state governments. The genius of the Constitution was to make federal law directly applicable to individuals instead of through state governments – this made enforcement easier and avoided confrontation between the state and nation. Confrontation in which the federal authorities order the state to act in a particular way should be a result of consideration of the need to do so. But the dormant commerce clause by …


Video Games As A Protected Form Of Expression, Paul E. Salamanca Jan 2005

Video Games As A Protected Form Of Expression, Paul E. Salamanca

Law Faculty Scholarly Articles

Video games, like motion pictures, failed to qualify for First Amendment protection until well after they emerged as a medium. Today, a number of courts have held that such games constitute a form of expression and do not fall into any recognized category of unprotected speech. Nevertheless, a number of commentators have called for limited constitutional protection for video games, predicating their arguments on a variety of grounds, including the alleged deleterious effects of such games on children. This Article responds to these commentators and defends recent decisions extending protection to video games.


Limited Powers In The Looking-Glass: Otiose Textualism, And An Empirical Analysis Of Other Approaches, When Activists In Private Shopping Centers Claim State Constitutional Liberties, Richard J. Peltz Jan 2005

Limited Powers In The Looking-Glass: Otiose Textualism, And An Empirical Analysis Of Other Approaches, When Activists In Private Shopping Centers Claim State Constitutional Liberties, Richard J. Peltz

Cleveland State Law Review

This Article examines closely a narrow range of highly factually analogous cases, in which state constitutional rights are asserted despite a clear lack of entitlement to assert any federal constitutional claim. Specifically, the cases selected are those in which private persons assert a right to conduct expressive activity, including electoral activity, in private shopping centers during hours when the properties are held open to the general public. These cases may be referred to colloquially as “the mall cases.” Selected here are only those cases that were decided after the federal question became clear. The Article first inquires into the role …


The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard Jan 2005

The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard

NYLS Law Review

No abstract provided.


If I Implore You And Order You To Set Me Free, Robert Blecker Jan 2005

If I Implore You And Order You To Set Me Free, Robert Blecker

NYLS Law Review

No abstract provided.


Does A Computer's Choice Of Where To Reside Implicate The Dormant Commerce Clause?, Robert J. Firestone Jan 2005

Does A Computer's Choice Of Where To Reside Implicate The Dormant Commerce Clause?, Robert J. Firestone

NYLS Law Review

No abstract provided.


Federal Land Retention And The Constitution's Property Clause: The Original Understanding, Robert G. Natelson Jan 2005

Federal Land Retention And The Constitution's Property Clause: The Original Understanding, Robert G. Natelson

University of Colorado Law Review

No abstract provided.


Rights Of Humans, Rights Of States: The Academic Legacy Of St. George Tucker In Nineteenth-Century Virginia, Chad Vanderford Jan 2005

Rights Of Humans, Rights Of States: The Academic Legacy Of St. George Tucker In Nineteenth-Century Virginia, Chad Vanderford

LSU Doctoral Dissertations

College professors in the nineteenth-century South lavished a great deal of attention on the issues of slavery and constitutionalism, and they paid careful attention to the connections between these issues and the idea of natural rights. In this dissertation I offer an analysis of the lives and writings of three generations of college professors in nineteenth-century Virginia, focusing especially on St. George Tucker and his descendants. As a contemporary of Thomas Jefferson and as a delegate to the Annapolis convention, Tucker can rightly be considered as one of the founding fathers. But he is best known for inaugurating the academic …


It’S More Than A Constitution, Mark R. Killenbeck Jan 2005

It’S More Than A Constitution, Mark R. Killenbeck

Saint Louis University Law Journal

No abstract provided.


Does The Constitution Apply To The Actions Of The United States Anti-Doping Agency?, Dionne L. Koller Jan 2005

Does The Constitution Apply To The Actions Of The United States Anti-Doping Agency?, Dionne L. Koller

Saint Louis University Law Journal

No abstract provided.


Roper V. Simmons And Our Constitution In International Equipoise, Roger P. Alford Jan 2005

Roper V. Simmons And Our Constitution In International Equipoise, Roger P. Alford

Journal Articles

In Roper v. Simmons, the Court unequivocally affirms the use of comparative constitutionalism to interpret the Eighth Amendment. It does not, however, provide an obvious theoretical basis to justify the practice. This Article searches for a theory to explain the comparativism in Roper using the theories advanced in the author's previous scholarship. It concludes that of the colorable candidates, natural law constitutionalism is the most plausible explanation, with the attendant problems associated therewith. The Article concludes with an analysis of the possible ramifications of the Court's comparative approach, suggesting that it may be pursuing a Constitution that is in international …


Is The Solomon Amendment F.A.I.R.: Some Thoughts On Congress's Power To Impose This Condition On Federal Spending, John Eastman Dec 2004

Is The Solomon Amendment F.A.I.R.: Some Thoughts On Congress's Power To Impose This Condition On Federal Spending, John Eastman

John C. Eastman

In this article, I explore the constitutionality of the Solomon Amendment, by which Congress required that recipients of federal grants to institutions of higher education permit the military to conduct job interviews on campus despite the institution's objection to the military's ban on homosexuality in the military. I first consider the constitutionality of the spending program on which the Solomon Amendment imposed conditions, recognizing that spending for education is not part of the enumerated powers of Congress. I then consider Congress's power to raise and support armies, and concludes that a plausible, originalist argument can be made that federal support …


Vineet Narain V Union Of India: A Court Of Law And Not Justice: Is The Indian Supreme Court Bound By The Indian Constitution, Shubhankar Dam Dec 2004

Vineet Narain V Union Of India: A Court Of Law And Not Justice: Is The Indian Supreme Court Bound By The Indian Constitution, Shubhankar Dam

Shubhankar Dam

The last twenty five years are an “impressive” chronicle of the Indian Supreme Court in action. Its novel functioning has changed the internal dynamics of Indian polity in a manner unknown to constitutional democracies. From an institution entrusted with the task of adjudicating disputes between parties, the Indian Supreme Court has transformed itself into an institution enjoined to promote the ideals of a socio-economic and political justice. Its prior role as an “adjudicator” has undergone a reappraisal. The judges therein are no more adjudicators but activists, energetically contributing to the accomplishment of India's constitutional vision. In this new creation, they …