Digital Commons Network^™

Maintaining The Privacy Of Personal Information: The Dppa And The Right Of Privacy, Maureen Maginnis

South Carolina Law Review

No abstract provided.

State V. Higgenbottom: Must A Criminal Defendant Endure The Wrath Of A Vindictive Judge, Nancy Fennell

South Carolina Law Review

No abstract provided.

On Casebooks And Canons Or Why Bob Jones University Will Never Be Part Of The Constitutional Law Canon, Neal Devins

Faculty Publications

No abstract provided.

Burdening Constitutional Rights: The Supreme Court's License To Prosecutors, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The prosecutorial tactic of burdening a defendant’s exercise of constitutional rights has appeared in a variety of contexts. Prosecutors have asked juries to infer guilt based on a defendant’s decision not to testify, not to call witnesses, to remain silent after being given Miranda warnings, to go to trial, to secure the assistance of counsel, to refuse to consent to a warrantless search, and to testify. In all of these instances, courts have found the prosecutor’s remarks to constitute misconduct.

Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.

University of Miami Inter-American Law Review

No abstract provided.

The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Impact Of Florida Statute 800.03 On Local Regulation Of Nude Dancing Facilities., Stephen Durden

Stephen Durden

Local governments throughout the country have enacted adult entertainment codes regulating, among other things, massage parlors, adult movie theaters, adult video stores and adult toy stores. Local governments have not forgotten live performances particularly nude or topless dancing. Regulations throughout the country require facilities to get licenses before they operate; require that the dancers get licenses; regulate the location of these facilities; and regulate their interiors. These regulations are often challenged, with the challenge being based on the First Amendment. The assumption behind all these cases is that the First Amendment protects nude dancing. That assumption is now unassailable but …

A New Case For Direct Congressional Regulation Of Guns In School Zones, Michael Anthony Lawrence

Michael Anthony Lawrence

This article suggests that in the wake of last year’s school shootings at Columbine High School in Littleton, Colorado, Congress may justifiably exercise its commerce power to regulate arms in schools, notwithstanding its contrary holding in Lopez v. U.S in 1995. Sadly, with Columbine, the scope of violence in schools has assumed vastly more serious dimensions – to the point where such acts may accurately be labeled as premeditated acts of domestic terrorism.

Under such circumstances, Congress may reasonably enact laws designed to curb the interstate market for weapons used in these attacks. If Congress concludes, for example, that imposing …

Self-Defense: The Equalizer, David B. Kopel, Linda Gorman

David B Kopel

Experiments in tightening gun-control laws have eroded the right of self defense and failed to stop serious crime. Studies Japan, the United Kingdom, Canada, and Australia.

The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds

David B Kopel

A review of state and federal courts decisions on the scope of state police powers suggests that the shift from the more restrictive sic utere principle to the more open salus populi principle may be reversing, with courts -- at least in cases involving sex and marriage -- taking a much more skeptical view of government objectives and justifications.

Getting Serious About Miranda In Minnesota: Criminal And Civil Sanctions For Failure To Respond To Requests For Counsel, Peter Erlinder

C. Peter Erlinder

No abstract provided.

Ohio’S Dna Databank Statute, Paul C. Giannelli

Faculty Publications

No abstract provided.

Reno V. Condon: The Supreme Court Takes A Right Turn In Its Tenth Amendment Jurisprudence By Upholding The Constitutionality Of The Driver's Privacy Protection Act, Richard T. Cosgrove

Fordham Law Review

No abstract provided.

United States Supreme Court: 2000 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

Convenient Shorthand: The Supreme Court And The Language Of State Sovereignty, Benjamin Priester, H. Jefferson Powell

Journal Publications

Recent Supreme Court decisions have dramatically underscored the significance of the states as vital entities within the United States constitutional system. The Court has repeatedly protected the states' political and legal integrity against congressional conscription' and federal court litigation. In addition, the Court has broadened the effective range of state autonomy through its revival of content-based limitations on the scope of Congress's delegated powers. This recent wave of federalism has generated opinions that often seem to turn on The problem with this principle of respect for state sovereignty is that its meaning is not self-evident. The states plainly are not …

The Standing Of Citizens To Enforce Against Violations Of Environmental Statutes In The United States, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

Judicial actions by private citizens have played a critical role in the development and enforcement of federal environmental law in the United States over several decades. The courts' general receptivity to the standing of private environmental plaintiffs has made that role possible. A troika of Supreme Court decisions on standing in environmental cases authored by Scalia J over the last decade had eroded that general receptivity, casting doubt on the continued vitality of private actions in developing and implementing environmental law. The Court's recent decision in Friends of the Earth Inc v Laidlaw Environmental Services halts this erosion. To explain …

The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The New Majoritarianism, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

Impeachment And The War Over The Democratization Of American Culture, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.