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Articles 1 - 30 of 36
Full-Text Articles in Law
The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom
The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom
Robert Bloom
United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity
Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman
Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman
Robert L. Hayman
This is a foreword to a compendium of writings by our lost friend and colleague, Bobby Lipkin, collected within a special issue of the Widener Law Review. Bobby’s constitutionalism beholds and celebrates that "no constitutional truths emanate from either politically unaccountable" courts or from paradigmatically imperfect constitutional legal theories. Rather, Bobby’s constitutionalism was participatory and justificatory: it derives from the Constitution’s republican democracy. The Constitution means what We the People allow it to mean at constitutional inflection points in our nation’s history. We miss Bobby dearly.
Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman
Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman
Erin Daly
This is a foreword to a compendium of writings by our lost friend and colleague, Bobby Lipkin, collected within a special issue of the Widener Law Review. Bobby’s constitutionalism beholds and celebrates that "no constitutional truths emanate from either politically unaccountable" courts or from paradigmatically imperfect constitutional legal theories. Rather, Bobby’s constitutionalism was participatory and justificatory: it derives from the Constitution’s republican democracy. The Constitution means what We the People allow it to mean at constitutional inflection points in our nation’s history. We miss Bobby dearly.
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Eileen Kaufman
No abstract provided.
Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Banks
Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Banks
Taunya Lovell Banks
Renowned civil rights advocate and race man Thurgood Marshall came of age as a lawyer during the black protest movement in the 1930s. He represented civil rights protesters, albeit reluctantly, but was ambivalent about post-Brown mass protests. Although Marshall recognized law's limitations, he felt more comfortable using litigation as a tool for social change. His experiences as a legal advocate for racial equality influenced his thinking as a judge. Marshall joined the United States Supreme Court in 1967, as dramatic advancement of black civil rights through litigation waned. Other social movements, notably the women's rights movement, took its place. The …
A Comment On Costs In Constitutional Cases, Iain Field
A Comment On Costs In Constitutional Cases, Iain Field
Iain Field
Professor Patrick Keyzer and Stephen Lloyd SC are both well qualified to speak to the legal principles that govern the determination of costs in constitutional cases, and I am, with respect, happy to accept their combined review of these principles. I do not think that there are any significant disagreements between them in this regard. They have, nevertheless, provided us with two usefully distinct perspectives on the topic, and offered two contrasting views as to the need for special costs rules in constitutional cases. I have only a small number of observations (perhaps it is better to say questions), which …
Democracy Will Live As Long As Citizens Maintain Respect, Randy Lee
Democracy Will Live As Long As Citizens Maintain Respect, Randy Lee
Randy Lee
No abstract provided.
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek Black
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek Black
Derek W. Black
This Article highlights the inherent ambiguities of racial antidiscrimination's core legal language: "equal protection under the law" and "discrimination based on race." It then analyzes how and why the Court has never answered fundamental questions regarding the meaning of these terms. Thus, this Article answers these fundamental questions itself by exploring the original intent behind the Equal Protection Clause. Against this backdrop, this Article reveals how the Court's standard for assessing discrimination claims, the intent doctrine, assumes a meaning for equal protection that is inconsistent with its original meaning. Rather than reflecting equal protection's meaning, the standard lacks any basis …
Can Google-Tv Help Liberate Cable-Tv?, Erik Ugland
The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom
The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom
Robert M. Bloom
United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity
The Young Israel Dilemma: Disengagement Or Confrontation, Michael Helfand
The Young Israel Dilemma: Disengagement Or Confrontation, Michael Helfand
Michael A Helfand
No abstract provided.
Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt
Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt
Richard C. Boldt
This essay reviews Excusing Crime, by Jeremy Horder, Reader in Criminal Law and Tutor in Law at Worcester College, Oxford. It describes Horder’s project, which is to build a complex taxonomy of criminal law excuse practices and to use that account of “why things are as they are” to argue, on the basis of his version of liberal theory, against “the restricted range” of excuses in the UK and elsewhere. By virtue of his appreciation that some, but not all, excuses contain justificatory elements, and given his insistence that pure claims of non-responsibility are not excuses, Horder has defined a …
La Organización Electoral En Colombia, Javier Revelo-Rebolledo, Mauricio García-Villegas
La Organización Electoral En Colombia, Javier Revelo-Rebolledo, Mauricio García-Villegas
Javier E Revelo-Rebolledo
No abstract provided.
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power
Garrett Power
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …
The Doma Supreme Court Question: Do The Conservatives Really Care About States' Rights?, Kent Greenfield
The Doma Supreme Court Question: Do The Conservatives Really Care About States' Rights?, Kent Greenfield
Kent Greenfield
No abstract provided.
La Ley De Justicia Y Paz. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas, Rodrigo Uprimny
La Ley De Justicia Y Paz. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas, Rodrigo Uprimny
Javier E Revelo-Rebolledo
No abstract provided.
Leyes De Economía Agraria. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas, Rodrigo Uprimny
Leyes De Economía Agraria. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas, Rodrigo Uprimny
Javier E Revelo-Rebolledo
No abstract provided.
Reformas Políticas Y Reelección. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas
Reformas Políticas Y Reelección. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas
Javier E Revelo-Rebolledo
No abstract provided.
Procesos De Captura Y Resistencia En La Rama Judicial, Javier Revelo-Rebolledo, Mauricio García-Villegas
Procesos De Captura Y Resistencia En La Rama Judicial, Javier Revelo-Rebolledo, Mauricio García-Villegas
Javier E Revelo-Rebolledo
No abstract provided.
Implementing International Law In The Domestic Legal Order – The Application Of Safeguard Measures And The Possible Overlap Of Jurisdictions, Elenor Lissel
Elenor Lissel
No abstract provided.
The Reporter's Privilege Goes Incognito In Wisconsin, Erik Ugland
The Reporter's Privilege Goes Incognito In Wisconsin, Erik Ugland
Erik Ugland
No abstract provided.
Rethinking Immigration Detention, Anil Kalhan
Rethinking Immigration Detention, Anil Kalhan
Anil Kalhan
In recent years, scholars have drawn attention to the myriad ways in which the lines between criminal enforcement and immigration control have blurred in law and public discourse. This essay analyzes this convergence in the context of immigration detention. For decades, courts and observers have documented and analyzed a wide range of detention-related concerns, including mandatory and presumed custody, coercion and other due process violations, inadequate access to counsel, prolonged and indefinite custody, inadequate conditions of confinement, and violations of international law obligations. With the number of detainees skyrocketing since the 1990s, these concerns have rapidly proliferated - to the …
Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar Gray
Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar Gray
Oscar S. Gray
No abstract provided.
Here's A Scary Thought: Anthony Kennedy Is Now The Leader Of The Court's "Liberal" Wing, Kent Greenfield
Here's A Scary Thought: Anthony Kennedy Is Now The Leader Of The Court's "Liberal" Wing, Kent Greenfield
Kent Greenfield
No abstract provided.
My Boss, Justice Stevens, Joseph Thai, Susan Estrich, Eduardo Penalver, Jeffrey Fisher, Cliff Sloan, Deborah Pearlstein
My Boss, Justice Stevens, Joseph Thai, Susan Estrich, Eduardo Penalver, Jeffrey Fisher, Cliff Sloan, Deborah Pearlstein
Joseph T Thai
No abstract provided.
A Justice Of The Greatest Generation, Joseph Thai, Eduardo Penalver, Andrew Siegel
A Justice Of The Greatest Generation, Joseph Thai, Eduardo Penalver, Andrew Siegel
Joseph T Thai
No abstract provided.
Did Justice Stevens Change?, Joseph Thai
'My Little Genius' And The Role Of The Fcc, Erik Ugland
'My Little Genius' And The Role Of The Fcc, Erik Ugland
Erik Ugland
No abstract provided.
A Campaign Funding Mess, Kent Greenfield
A Way Out Of The Citizens United Mess?, Kent Greenfield
A Way Out Of The Citizens United Mess?, Kent Greenfield
Kent Greenfield
No abstract provided.