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Law School Clinics And The First Amendment, Jonathan L. Entin
Law School Clinics And The First Amendment, Jonathan L. Entin
Faculty Publications
No abstract provided.
Dangerous Terrain: Mapping The Female Body In Gonzales V. Carhart, B. Jessie Hill
Dangerous Terrain: Mapping The Female Body In Gonzales V. Carhart, B. Jessie Hill
Faculty Publications
The body occupies an ambiguous position within the law. It is, in one sense, the quintessential object of state regulatory and police power, the object that the state acts both upon and for. At the same time, the body is often constructed in legal discourse as the site of personhood - our most intimate, sacred, and inviolate possession. The inherent tension between these two concepts of the body permeates the law, but it is perhaps nowhere more prominent than in the constitutional doctrine pertaining to abortion. Abortion is one of the most heavily regulated medical procedures in the United States, …
Privacy Is The Problem, Raymond Shih Ray Ku
Privacy Is The Problem, Raymond Shih Ray Ku
Faculty Publications
A local school district remotely activates laptop web cameras that allegedly record the activities of students, even in their bedrooms.1 The President authorizes the National Security Agency (NSA) to monitor the telephone calls and electronic communications of individuals within the United States on an unprecedented scale in the interest of national security.2 Even a cursory examination of the news suggests that the activities and communications of Americans are increasingly subject to government surveillance from every level of government. Whatever we may think about the necessity for this surveillance, we should question how such programs come into being; in other words, …
Unlimited Power: Why The President’S (Warrantless) Surveillance Program Is Unconstitutional, Raymond Shih Ray Ku
Unlimited Power: Why The President’S (Warrantless) Surveillance Program Is Unconstitutional, Raymond Shih Ray Ku
Faculty Publications
In this essay, Professor Ku explores the constitutionality of the President's Surveillance Program (PSP), and critiques the Bush Administration's legal explanations supporting warrantless surveillance. Defenders of the program have relied upon the President's inherent executive authority, the Congressional Authorization for Use of Military Force, the FISA Amendment Act of 2008, and ultimately that under any of these sources of authority the warrantless surveillance authorized is consistent with the right of privacy protected Fourth Amendment to the U.S. Constitution. As such, Professor Ku uses the PSP to illustrate the how and why current constitutional analysis both ignores and subverts “the right …
Safford Unified School District No. 1 V. Redding, And The Future Of School Strip Searches, Lewis R. Katz
Safford Unified School District No. 1 V. Redding, And The Future Of School Strip Searches, Lewis R. Katz
Faculty Publications
Each year in America an unknown number of children in primary and secondary schools are strip searched by teachers and/or school administrators, forced to remove pants and shirts down to their underwear and sometimes forced to expose their breasts and genitals. In Safford Unified School District No. 1 v. Redding, 129 S.Ct. 2633 (29), the Supreme Court weighed in on the issue, finding that school officials violated the child’s Fourth Amendment rights during a strip search but reversing the Ninth Circuit and awarding the school officials qualified immunity not withstanding the ineptitude of the investigation. The Court purported to apply …
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathan L. Entin
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathan L. Entin
Faculty Publications
In Parents Involved in Community Schools v. Seattle School District No. 1 the Supreme Court debated the meaning of Brown v. Board of Education. This essay, prepared for a symposium on Parents Involved, traces the roots of the debate between color-blindness and anti-subordination to Brown itself and efforts to desegregate public schools in the wake of that decision but shows that the debate goes back at least as far as the tensions reflected in the first Justice Harlan's celebrated dissent in Plessy v. Ferguson.
Is Morrison Dead? Assessing A Supreme Drug (Law) Overdose, Jonathan H. Adler
Is Morrison Dead? Assessing A Supreme Drug (Law) Overdose, Jonathan H. Adler
Faculty Publications
There was little doubt that the federal government would prevail in Gonzales v. Raich. What was, perhaps, unexpected was so expansive a repudiation of enforceable judicial limitations on federal power. In upholding the constitutionality of the Controlled Substances Act as applied to the non-commercial intrastate possession and consumption of marijuana for medical purposes as authorized under California law, the Supreme Court hollowed out the core of contemporary commerce clause jurisprudence. Insofar as United States v. Morrison had stood for the propositions that only intrastate economic activities could be aggregated for purposes of the "substantial effects" test, that attenuated connections between …
United States Supreme Court: 2000 Term, Paul C. Giannelli
United States Supreme Court: 2000 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Ohio’S Dna Databank Statute, Paul C. Giannelli
Ohio’S Dna Databank Statute, Paul C. Giannelli
Faculty Publications
No abstract provided.
United States Supreme Court: 1999 Term, Paul C. Giannelli
United States Supreme Court: 1999 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
United States Supreme Court: 1998 Term, Paul C. Giannelli
United States Supreme Court: 1998 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Comment, The Green Aspects Of Printz: The Revival Of Federalism And Its Implications For Environmental Law, Jonathan H. Adler
Comment, The Green Aspects Of Printz: The Revival Of Federalism And Its Implications For Environmental Law, Jonathan H. Adler
Faculty Publications
This Comment reviews the Printz decision in the context of the Supreme Court's recent federalism jurisprudence and assesses its implications for environmental law. Part I provides a brief historical overview of the federal-state relationship in the environmental context and recent Supreme Court decisions on federalism. Part II discusses and evaluates the Printz decision. Part III applies the Supreme Court holdings in Printz and related federalism cases to current environmental policies and identifies federal environmental programs that are constitutionally suspect. Finally, Part IV addresses the public policy concern that limiting the federal government's power in the environmental context will inevitably weaken …
United States Supreme Court: 1995 & 1996 Term, Paul C. Giannelli
United States Supreme Court: 1995 & 1996 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
United States Supreme Court: 1993-94 Term, Paul C. Giannelli
United States Supreme Court: 1993-94 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg
Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg
Faculty Publications
No abstract provided.
The Constitutional Right To Defense Experts, Paul C. Giannelli
The Constitutional Right To Defense Experts, Paul C. Giannelli
Faculty Publications
No abstract provided.
United States Supreme Court: 1991-92 Term, Paul C. Giannelli
United States Supreme Court: 1991-92 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
United States Supreme Court: 1990-91 Term, Paul C. Giannelli
United States Supreme Court: 1990-91 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
U.S. Supreme Court: The 1988-1989 Term, Paul C. Giannelli
U.S. Supreme Court: The 1988-1989 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
U.S. Supreme Court: The 1987-88 Term (Part I), Paul C. Giannelli
U.S. Supreme Court: The 1987-88 Term (Part I), Paul C. Giannelli
Faculty Publications
No abstract provided.
U.S. Supreme Court: The 1987-88 Term (Part Ii), Paul C. Giannelli
U.S. Supreme Court: The 1987-88 Term (Part Ii), Paul C. Giannelli
Faculty Publications
No abstract provided.
U.S. Supreme Court: The 1986-87 Term (Part I), Paul C. Giannelli
U.S. Supreme Court: The 1986-87 Term (Part I), Paul C. Giannelli
Faculty Publications
No abstract provided.
U.S. Supreme Court: The 1986-87 Term (Part Ii), Paul C. Giannelli
U.S. Supreme Court: The 1986-87 Term (Part Ii), Paul C. Giannelli
Faculty Publications
No abstract provided.
The Law Of Confessions: Part I, Paul C. Giannelli
The Law Of Confessions: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Law Of Confessions: Part Ii, Paul C. Giannelli
The Law Of Confessions: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli
U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli
U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
U.S. States Supreme Court: 1982-83 Term: Partii, Paul C. Giannelli
U.S. States Supreme Court: 1982-83 Term: Partii, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Right Of Confrontation: Part I, Paul C. Giannelli
The Right Of Confrontation: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Right To Defense Experts, Paul C. Giannelli
The Right To Defense Experts, Paul C. Giannelli
Faculty Publications
No abstract provided.