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Articles 1 - 8 of 8

Full-Text Articles in Law

The Sanctity Of Polling Places, Timothy Zick Oct 2008

The Sanctity Of Polling Places, Timothy Zick

Popular Media

No abstract provided.


Counter-Stories: Maintaining And Expanding Civil Liberties In Wartime, Mark A. Graber Jul 2008

Counter-Stories: Maintaining And Expanding Civil Liberties In Wartime, Mark A. Graber

Mark Graber

No abstract provided.


Judicial Recantation, Mark A. Graber Jul 2008

Judicial Recantation, Mark A. Graber

Mark Graber

No abstract provided.


Legal, Strategic Or Legal Strategy: Deciding To Decide During The Civil War And Reconstruction, Mark A. Graber Jul 2008

Legal, Strategic Or Legal Strategy: Deciding To Decide During The Civil War And Reconstruction, Mark A. Graber

Mark Graber

No abstract provided.


The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel Jan 2008

The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel

David B Kopel

The U.S. Supreme Court's decision in District of Columbia v. Heller constitutionalized the right of self-defense, and described self-defense as a natural, inherent right. Analysis of natural law in Heller shows why Justice Stevens' dissent is clearly incorrect, and illuminates a crucial weakness in Justice Breyer's dissent. The constitutional recognition of the natural law right of self-defense has important implications for American law, and for foreign and international law.


Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathan L. Entin Jan 2008

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 Nominal Use An Answer To The Free Speech & Right Of Publicity Quandary?: Lessons From America’S National Pastime, Raymond Shih Ray Ku Jan 2008

Is Nominal Use An Answer To The Free Speech & Right Of Publicity Quandary?: Lessons From America’S National Pastime, Raymond Shih Ray Ku

Faculty Publications

No abstract provided.


International Travel And The Constitution, Jeffrey D. Kahn Jan 2008

International Travel And The Constitution, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This Article makes the case for the fundamental right of U.S. citizens to leave their country and return home again. Surprisingly, Americans do not enjoy such a right. Under current Supreme Court precedents, the right to travel abroad is merely an aspect of liberty that may be restricted within the bounds of due process. The controversial No Fly List is one result. Another is a new rule that went into effect in February 2008, under which all travelers now require the express prior permission of the U.S. Government to board any aircraft or maritime vessel that will enter or leave …