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Articles 1 - 10 of 10
Full-Text Articles in Entire DC Network
Substantive Due Process And Discourse Ethics: Rethinking Fundamental Rights Analysis, Timothy P. Loper
Substantive Due Process And Discourse Ethics: Rethinking Fundamental Rights Analysis, Timothy P. Loper
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Reviving The Nixon Doctrine: Nsa Spying, The Commander-In-Chief, And Executive Power In The War On Terror, David Cole
Reviving The Nixon Doctrine: Nsa Spying, The Commander-In-Chief, And Executive Power In The War On Terror, David Cole
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Broadening Executive Power In The Wake Of Avena: An American Interpretation Of Pacta Sunt Servanda, Houston A. Stokes
Broadening Executive Power In The Wake Of Avena: An American Interpretation Of Pacta Sunt Servanda, Houston A. Stokes
Washington and Lee Law Review
No abstract provided.
What Does Granholm V. Heald Mean For The Future Of The Twenty-First Amendment, The Three-Tier System, And Efficient Alcohol Distribution?, Gregory E. Durkin
What Does Granholm V. Heald Mean For The Future Of The Twenty-First Amendment, The Three-Tier System, And Efficient Alcohol Distribution?, Gregory E. Durkin
Washington and Lee Law Review
No abstract provided.
Where To Go From Here? The Roberts Court At The Crossroads Of Sentencing, Nora V. Demleitner
Where To Go From Here? The Roberts Court At The Crossroads Of Sentencing, Nora V. Demleitner
Scholarly Articles
As the Supreme Court has turned federal sentencing upside down in Booker, it has left a host of open questions in the wake of that decision. The outcome of these questions is often difficult to predict, for lower courts and commentators alike, as the Court has failed to develop an overarching sentencing philosophy to replace the rehabilitation-focused one that animated sentencing for so long. If the Court were to reach consensus on that issue, it would be better able to speak coherently on unresolved sentencing matters. This introduction to an Issue of the Federal Sentencing Reporter highlights some of the …
The Collision Of The Takings And State Sovereign Immunity Doctrines, Eric Berger
The Collision Of The Takings And State Sovereign Immunity Doctrines, Eric Berger
Washington and Lee Law Review
No abstract provided.
Fear Of A Blackened Planet: Pressured By The War On Terror, Courts Ignore The Erosion Of The Attorney-Client Privilege And Effective Assistance Of Counsel In 28 C.F.R § 501.3(D) Cases, Chris Ford
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Plane Harassment: The Transportation Security Administration's Indifference To The Constitution In Administering The Government's Watch Lists, Yousri Omar
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Cabining Of Rosenberger: Locke V. Davey And The Broad Nondiscrimination Principle That Never Was, Alan M. Trammell
The Cabining Of Rosenberger: Locke V. Davey And The Broad Nondiscrimination Principle That Never Was, Alan M. Trammell
Scholarly Articles
In Rosenberger (1995), the Supreme Court decided that the University of Virginia could not exclude religious organizations from an activities fund that subsidized student organizations. Nine years later, the Court in Locke v. Davey held that Washington could exclude students of devotional theology from a generally available scholarship program; there was, in the Court’s words, “play in the joints” between what the Establishment Clause forbids and what the Free Exercise Clause requires. The cases seemed to contradict one another.
This Note explores whether Rosenberger announced a broad principle of nondiscrimination with respect to religion and whether Davey reneged on that …
The Price Of Pretrial Release: Can We Afford To Keep Our Fourth Amendment Rights?, Melanie D. Wilson
The Price Of Pretrial Release: Can We Afford To Keep Our Fourth Amendment Rights?, Melanie D. Wilson
Scholarly Articles
The Fourth Amendment serves an important constitutional function. It protects the privacy of Americans from intrusions on their personal security. Few rights are held more sacred. When a person is arrested and faces the real likelihood of pretrial detention in jail, the person risks not only a reduction in his privacy rights, but also a loss of his liberty. In such circumstances, the arrested person should be able to bargain away some of his Fourth Amendment rights in exchange for the additional freedoms associated with release to home.
Undoubtedly, defendants forced to choose between incarceration and Fourth Amendment rights will …