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Full-Text Articles in Law
Student Speech: Whose Speech Is It Anyway And Why Does The First Amendment Care?, Leora Harpaz
Student Speech: Whose Speech Is It Anyway And Why Does The First Amendment Care?, Leora Harpaz
Faculty Scholarship
A key feature of First Amendment speech analysis in the public schools focuses on speaker identity. Speaker identity can play a crucial role in designing the First Amendment landscape on a variety of issues including the right of speakers to gain access to public school forums for expression, the right of student editors to control the content of school-sponsored publications, and the right of school administrators to permit religious speech in the public school setting. Courts faced with decisions about whether speech in the public school setting is private or government speech must consider the context in which the speech …
Initiating A New Constitutional Dialogue: The Increased Importance Under Aedpa Of Seeking Certiorari From Judgments Of State Courts, Giovanna Shay, Christopher Lasch
Initiating A New Constitutional Dialogue: The Increased Importance Under Aedpa Of Seeking Certiorari From Judgments Of State Courts, Giovanna Shay, Christopher Lasch
Faculty Scholarship
The Antiterrorism and Effective Death Penalty Act (AEDPA) contains a provision restricting federal courts from considering any authority other than holdings of the Supreme Court in determining whether to grant a state prisoner’s petition for habeas corpus. Through an empirical study of cert filings and cases decided by the Supreme Court, the Authors assess this provision’s impact on the development of federal constitutional criminal doctrine. Before AEDPA and other restrictions on federal habeas corpus, lower federal courts and state courts contributed to doctrinal development by engaging in a dialogue. This dialogue served to articulate the broad constitutional principles set forth …
The President’S Question Time: Power, Information, And The Executive Credibility Gap, Sudha Setty
The President’S Question Time: Power, Information, And The Executive Credibility Gap, Sudha Setty
Faculty Scholarship
The rule of law depends on a working separation of powers and transparency and accountability in government. If information is power, the ability of one branch of government to control information represents the ability to control federal legislation, policy, and decision-making. The Framers of the United States Constitution developed the Madisonian model of separated powers and functions, and a system of checks and balances to maintain those separations, with this in mind. History has shown a progressive shift of the power to control information toward the executive branch and away from the Legislature. Particularly when unified, one-party government precludes effective …