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Articles 1 - 30 of 67
Full-Text Articles in Entire DC Network
Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein
Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein
William & Mary Law Review
No abstract provided.
Unity, Sovereignty, And The Interstate Recognition Of Marriage, Mark Strasser
Unity, Sovereignty, And The Interstate Recognition Of Marriage, Mark Strasser
West Virginia Law Review
No abstract provided.
Winning The Battle, Losing The War?: Judicial Scrutiny Of Prisoners' Statutory Claims Under The Americans With Disabilities Act, Christopher J. Burke
Winning The Battle, Losing The War?: Judicial Scrutiny Of Prisoners' Statutory Claims Under The Americans With Disabilities Act, Christopher J. Burke
Michigan Law Review
When he was convicted in 1994 of drunken driving, escape, and resisting arrest, Ronald Yeskey was sentenced to serve 18 to 36 months in a Pennsylvania prison. In addition, the judge recommended that Yeskey be sent to a motivational boot camp operated by the state. Upon successful completion of the boot camp program, Yeskey's sentence would then be reduced to six months. Although he eagerly wanted to participate, the prison refused him entrance into the boot camp program because of his history of hypertension, and also denied him admission into an alternative program for the disabled. As a result, he …
Clark Memorandum: Fall 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School
Clark Memorandum: Fall 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School
The Clark Memorandum
- The Four Deans
- Rex E. Lee
- Carl S. Hawkins
- Bruce C. Hafen
- H. Reese Hansen
- Gettysburg (Matthew Kennington)
- High Crimes and Misdemeanors? (Thomas R. Lee)
Recognizing Substantive Equality As A Foundational Constitutional Principle, Patricia Hughes
Recognizing Substantive Equality As A Foundational Constitutional Principle, Patricia Hughes
Dalhousie Law Journal
The author proposes that substantive equality be recognized as a foundational constitutional principle. The foundational principles--or underlying constitutional norms-which constitute the constitutional framework have become more important as Canada matures as a regime governed by constitutional supremacy. Most prime social and political values have been recognized as underlying constitutional norms, including democracy, federalism, protection of minority rights, political speech and judicial independence. Although section 15 of the Charter has been interpreted as encompassing substantive equality, which has been identified as a significant social value by the Supreme Court of Canada, the Court has yet to include it among the foundational …
Section 4: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Religious Freedom Restoration Act: Postmortem Of A Failed Statute, Eric Alan Shumsky
The Religious Freedom Restoration Act: Postmortem Of A Failed Statute, Eric Alan Shumsky
West Virginia Law Review
No abstract provided.
Supreme Court To Rule On Student Fees Case, Arthur S. Leonard
Supreme Court To Rule On Student Fees Case, Arthur S. Leonard
Center for LGBTQ Studies (CLAGS)
The U.S. Supreme Court announced March 29 that it will intervene in the "culture wars" raging in academia by considering whether public university students have a constitutional right to block use of their student activity fees by student organizations of which they disapprove. Lesbian and gay studies programs, such as CLAGS, are at the heart of these culture wars, as right-wing groups raise public controversies about the discussion of sexuality in the academy and question the very legitimacy of lesbian and gay studies as an academic discipline.
Sovereignty's Alchemy: An Analysis Of Delgamuukw V. British Columbia, John Borrows
Sovereignty's Alchemy: An Analysis Of Delgamuukw V. British Columbia, John Borrows
Osgoode Hall Law Journal
In Delgamuukw v. British Columbia, the Supreme Court of Canada issued its long-awaited judgment on the status of Aboriginal title under section 35(1) of the Constitution Act, 1982. The decision was regarded as highly significant because it seemed to fundamentally alter the law of Aboriginal rights. This article suggests that while the case has somewhat positively changed the law to protect Aboriginal title, it has also simultaneously sustained a legal framework that undermines Aboriginal land rights. In particular, the decision's unreflective acceptance of Crown sovereignty places Aboriginal title in a subordinate position relative to other legal rights. This article examines …
Create Your Own Constitutional Theory, Michael C. Dorf
Create Your Own Constitutional Theory, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Katzenbach V. Mcclung: The Abandonment Of Federalism In The Name Of Rational Basis, James M. Mcgoldrick
Katzenbach V. Mcclung: The Abandonment Of Federalism In The Name Of Rational Basis, James M. Mcgoldrick
Brigham Young University Journal of Public Law
No abstract provided.
Punishing Hateful Motives: Old Wine In A New Bottle Revives Calls For Prohibition, Carol S. Steiker
Punishing Hateful Motives: Old Wine In A New Bottle Revives Calls For Prohibition, Carol S. Steiker
Michigan Law Review
Hate crimes are nothing new: crimes in which the victim is selected because of the victim's membership in some distinctive group (be it racial, ethnic, religious, or other) have been with us as long as such groups have coexisted within legal systems. What is relatively new is their recognition and designation as a discrete phenomenon. But as appellations like "sexual harassment" and "community policing" have begun to teach us, words are only the beginning of the life cycle of a new socio-legal concept. What follows are debates about whether the new category is really a coherent one, what activities should …
National Endowment For The Arts V. Finley: First Amendment Free Speech No Longer Guaranteed For The Arts, Andrea Mccoy
National Endowment For The Arts V. Finley: First Amendment Free Speech No Longer Guaranteed For The Arts, Andrea Mccoy
Mercer Law Review
In National Endowment for the Arts v. Finley, the United States Supreme Court confronted the decency and respect criteria of the 1990 Amendment ("Amendment") to the National Foundation on the Arts and Humanities Act of 1965. At issue was whether the Amendment violated the First and Fifth Amendments of the United States Constitution by impermissibly discriminating based on viewpoint and being void for vagueness. The Supreme Court upheld the Amendment as facially valid.
Islamic And American Constitutional Law: Borrowing Possibilities Or A History Of Borrowing?, Azizah Y. Al-Hibri
Islamic And American Constitutional Law: Borrowing Possibilities Or A History Of Borrowing?, Azizah Y. Al-Hibri
Law Faculty Publications
Islam is commonly viewed in the West as being incompatible with democracy. It is also viewed as an "Oriental" religion that has spawned violence and encouraged human rights violations. Because of the historical interaction between the West and Islam, the United States has recently been supporting efforts to export its democratic principles and human rights values to Muslim countries. In this context, the question of constitutional borrowing gains special significance. To assess the possibilities of constitutional borrowing between Islamic countries and the United States, it is important to first discuss the historical relation between the two, as well as between …
Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod
Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod
Scholarly Works
Over thirty years ago, Marshall Shapo coined the term "constitutional tort" to denote a suit brought against an official, charging a constitutional violation and seeking damages. In the years since Shapo's pathbreaking article, the number of such suits has grown exponentially. The suits have generated a host of new substantive and remedial issues, yet conventional casebooks on constitutional law and federal courts give little attention to the area. That Professor Shapiro had four books to include in his review of "Civil Rights" casebooks in the Seattle University Law Review is some indication of a demand for teaching materials currently unmet …
Is Progressive Constitutionalism Possible?, Robin West
Is Progressive Constitutionalism Possible?, Robin West
Georgetown Law Faculty Publications and Other Works
Progressivism is in part a particular moral and political response to the sadness of lesser lives, lives unnecessarily diminished by economic, psychic and physical insecurity in the midst of a society or world that offers plenty. This insecurity is unjust and should end; the suffering should be alleviated, and those lives should be enriched. To do so must be one of the goals of a morally just or justifiable state. Not all suffering and not all lesser lives, of course, give rise to such a response. The suffering attendant to accident, disease, war and happenstance is neither entirely chargeable to …
Reconsidering The Charter And Election Boundaries, Mark Carter
Reconsidering The Charter And Election Boundaries, Mark Carter
Dalhousie Law Journal
This article argues for a judicial interpretation of the right to vote under s.3 of the Canadian Charter of Rights and Freedoms that places more emphasis upon ihe principle of the equal power of every vote-"one person, one vote"--than maybe suggested by the Supreme Court of Canada's decision in Reference re: Electoral Boundaries Commission Act. This becomes an issue of particular importance when a government is suspected of engaging in gerrymandering. Gerrymandering involves enhancing expected electoral support by ensuring that fewer votes will be needed to elect representatives in ridingspredictedto support the government. Any concessions governments may wish to make …
Constitutional Fact And Theory: A Response To Chief Judge Posner, Deborah Jones Merritt
Constitutional Fact And Theory: A Response To Chief Judge Posner, Deborah Jones Merritt
Michigan Law Review
In his James Madison Lecture on Constitutional Law, Chief Judge Richard Posner chides both professors and judges for devoting too much attention to constitutional theory and too little time to empiricism. Although I agree with Judge Posner's endorsement of empiricism, I dispute the roles he assigns empiricism and theory. Social science matters when interpreting the Constitution, but not in the way Posner posits. Facts cannot replace constitutional theories, nor can they mechanically resolve questions posed by theory. Instead, empirical knowledge is most useful in unmasking the theoretical assumptions that undergird constitutional law, in focusing those theories, and in contributing to …
Race, Class, Caste…? Rethinking Affirmative Action, Clark D. Cunningham, N.R. Madhava Menon
Race, Class, Caste…? Rethinking Affirmative Action, Clark D. Cunningham, N.R. Madhava Menon
Michigan Law Review
Many who oppose affirmative action programs in the United States because they use "racial" categories such as black, African American, or Latino, claim that equally effective and more equitable programs can be developed using only class categories, such as "low income." A key test case for the "race v. class" debate is admission to law schools, made urgent by recent legal prohibitions on the use of "race" in the admission procedures to state universities in California, Washington, and Texas. An empirical study by Linda Wightman, the former director of research for the Law School Admissions Council (LSAC), has shown that …
Affirmative Action, Caste, And Cultural Comparisons, Cass R. Sunstein
Affirmative Action, Caste, And Cultural Comparisons, Cass R. Sunstein
Michigan Law Review
What is permitted, and what is prohibited, by the equality principle of a liberal democracy? Does affirmative action run afoul of that principle? And where should we look to answer these questions? Many critics of affirmative action take it as axiomatic that affirmative action violates the equality principle. But this is far from clear. Every law classifies. The current law of equality itself classifies by, for example, treating discrimination on the basis of race differently from discrimination on the basis of age. No one thinks that the law of equality is, for this reason, inconsistent with the Equal Protection Clause. …
Expressive Liberty, Moral Pluralism, Political Pluralism: Three Sources Of Liberal Theory, William A. Galston
Expressive Liberty, Moral Pluralism, Political Pluralism: Three Sources Of Liberal Theory, William A. Galston
William & Mary Law Review
No abstract provided.
Transcript: What Makes The District An Anomaly? , American University Law Review
Transcript: What Makes The District An Anomaly? , American University Law Review
American University Law Review
No abstract provided.
Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review
Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review
American University Law Review
No abstract provided.
Transcript: The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented? , American University Law Review
Transcript: The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented? , American University Law Review
American University Law Review
No abstract provided.
The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented?, Jeffrey Rosen, James A. Gardner, Gary Peller, Edward Still, Brenda Wright
The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented?, Jeffrey Rosen, James A. Gardner, Gary Peller, Edward Still, Brenda Wright
Journal Articles
No abstract provided.
Vouchsafing Democracy: On The Confluence Of Governmental Duty, Constitutional Right, And Religious Mission Symposium On Law And Religion, Ruti Teitel
Articles & Chapters
No abstract provided.
"Reparative" Therapy: Whether Parental Attempts To Change A Child's Sexual Orientation Can Legally Constitute Child Abuse , Karolyn Ann Hicks
"Reparative" Therapy: Whether Parental Attempts To Change A Child's Sexual Orientation Can Legally Constitute Child Abuse , Karolyn Ann Hicks
American University Law Review
No abstract provided.
Safeguarding Constitutional Rights: The Uses And Limits Of Prophylactic Rules, Brian K. Landsberg
Safeguarding Constitutional Rights: The Uses And Limits Of Prophylactic Rules, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
No abstract provided.
Constitutional Law—Abstention And Abortion: Application Of The Undue Burden Standard To "Certificate Of Need" Regulations. Planned Parenthood Of Greater Iowa, Inc. V. Atchison, 126 F.3d 1042 (8th Cir. 1997)., Robert Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Faith, Reason, And Bare Animosity, Daniel A. Crane
Faith, Reason, And Bare Animosity, Daniel A. Crane
Campbell Law Review
This article critiques the convergence of the nonestablishment and "naked animosity" principles as applied to religiously motivated state action.