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Articles 1 - 30 of 686
Full-Text Articles in Law
Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann
Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
The Bad, The Ugly, And The Uglier: How Fear And Misconceptions Are Flushing Away Equal Rights And Treatment For Transgender People, Laura Falco
Tennessee Journal of Race, Gender, & Social Justice
Our country has gone through multiple social changes over the years, and now we find ourselves in the middle of another change—one involving the transgender community. This community is and has been continuously fighting for equal rights and treatment. It is 2016 and the fight for equal rights in our country is at a tipping point. A tip in one direction would constitute a huge step in the fight for equal rights, but a tip in the other direction could result in unprecedented effects on transgender individuals and the rest of the LGBTQ community. The LGBTQ community just wants the …
Unraveling The Inequitable Nature Of The Model Minority: Asian-Americans Deserve Affirmative Action, Christopher Atlee F. Arcitio
Unraveling The Inequitable Nature Of The Model Minority: Asian-Americans Deserve Affirmative Action, Christopher Atlee F. Arcitio
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Thompson V. Shapiro: Residence Requirements And The Right To Life
Thompson V. Shapiro: Residence Requirements And The Right To Life
The Catholic Lawyer
No abstract provided.
Fair Trial And Free Press, Herbert M. Anderson
Fair Trial And Free Press, Herbert M. Anderson
The Catholic Lawyer
No abstract provided.
The Twilight Of Nonspeech, Bernard E. Gegan
Knowledge And Fourth Amendment Privacy, Matthew Tokson
Knowledge And Fourth Amendment Privacy, Matthew Tokson
Northwestern University Law Review
This Article examines the central role that knowledge plays in determining the Fourth Amendment’s scope. What people know about surveillance practices or new technologies often shapes the “reasonable expectations of privacy” that define the Fourth Amendment’s boundaries. From early decisions dealing with automobile searches to recent cases involving advanced information technologies, courts have relied on assessments of knowledge in a wide variety of Fourth Amendment contexts. Yet the analysis of knowledge in Fourth Amendment law is rarely if ever studied on its own.
This Article fills that gap. It starts by identifying the characteristics of Fourth Amendment knowledge. It finds, …
Rental Home Sweet Home: The Disparate Impact Solution For Renters Evicted From Residential Foreclosures, David Lurie
Rental Home Sweet Home: The Disparate Impact Solution For Renters Evicted From Residential Foreclosures, David Lurie
Northwestern University Law Review
At the end of the last decade, a drastic spike in residential foreclosures brought unprecedented attention to the damage that mass foreclosure often brings to primarily low-income, minority–majority communities. Much of this attention—in both the media and in the legal arena—has been devoted to homeowners disadvantaged by predatory loans and other unsavory practices. However, a recent body of scholarship has shown that the brunt of mass foreclosure often falls on renters, who often have little or no procedural protection from speedy and unexpected eviction from their homes, regardless of lease status or tenure. This Note argues that the Supreme Court’s …
The Death Penalty And The Fifth Amendment, Joseph Blocher
The Death Penalty And The Fifth Amendment, Joseph Blocher
Northwestern University Law Review
Can the Supreme Court find unconstitutional something that the text of the Constitution “contemplates”? If the Bill of Rights mentions a punishment, does that make it a “permissible legislative choice” immune to independent constitutional challenges?
Recent developments have given new hope to those seeking constitutional abolition of the death penalty. But some supporters of the death penalty continue to argue, as they have since Furman v. Georgia, that the death penalty must be constitutional because the Fifth Amendment explicitly contemplates it. The appeal of this argument is obvious, but its strength is largely superficial, and is also mostly irrelevant to …
Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross
Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross
William & Mary Bill of Rights Journal
No abstract provided.
The Flawed Reasoning Behind Johnson V. United States And A Solution: Why A Facts-Based Approach Should Have Been Used To Interpret The Residual Clause Of The Armed Career Criminal Act, Jake Albert
William & Mary Bill of Rights Journal
No abstract provided.
Reforming School Discipline, Derek W. Black
Reforming School Discipline, Derek W. Black
Northwestern University Law Review
Public schools suspend millions of students each year, but less than ten percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively affects misbehaving students as well as innocent bystanders. All things being equal, schools that manage student behavior through means other than suspension produce the highest achieving students. In this respect, the quality of education a school provides is closely connected to its discipline policies.
Reformers have largely overlooked the connection between discipline and …
In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism, Brendan Duffy
In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism, Brendan Duffy
Northwestern University Law Review
Over the last twenty years, domestic asset protection trusts have risen in popularity as a means of estate planning and asset protection. A domestic asset protection trust is an irrevocable trust formed under state law which enables an independent trustee to allocate money to a class of
persons, which includes the settlor.
Since Alaska first enacted domestic asset protection legislation in 1997, fifteen states have followed its lead. The case law over the last twenty years addressing these trust mechanisms has, however, been surprisingly sparse. A Washington bankruptcy court decision, In re Huber, altered this drought, but caused more confusion …
Law And The Demise Of The Urban Ghetto Part Ii
Law And The Demise Of The Urban Ghetto Part Ii
The Catholic Lawyer
No abstract provided.
Amendment Of The Abortion Law: Relevant Data And Judicial Opinion, John T. Noonan, Jr.
Amendment Of The Abortion Law: Relevant Data And Judicial Opinion, John T. Noonan, Jr.
The Catholic Lawyer
No abstract provided.
Abortion Legislation And The Establishment Clause
Abortion Legislation And The Establishment Clause
The Catholic Lawyer
No abstract provided.
Towards Constitutional Development Within The Church
Towards Constitutional Development Within The Church
The Catholic Lawyer
No abstract provided.
Obscenity: The Intractable Legal Problem, John Cornelius Hayes
Obscenity: The Intractable Legal Problem, John Cornelius Hayes
The Catholic Lawyer
No abstract provided.
Waiver Of Immunity - Public Officials, Robert E. Parella
Waiver Of Immunity - Public Officials, Robert E. Parella
The Catholic Lawyer
No abstract provided.
Applicability Of Sixth Amendment Guarantees To Military Proceedings
Applicability Of Sixth Amendment Guarantees To Military Proceedings
The Catholic Lawyer
No abstract provided.
Religious Freedom And The Church-State Relationship In Maryland, Kenneth L. Lasson
Religious Freedom And The Church-State Relationship In Maryland, Kenneth L. Lasson
The Catholic Lawyer
No abstract provided.
The Functions Of The Constitution And The Establishment Clause, Richard O. Brooks
The Functions Of The Constitution And The Establishment Clause, Richard O. Brooks
The Catholic Lawyer
No abstract provided.
An Unhurried Look At Obscenity, John M. Regan, C.M.
An Unhurried Look At Obscenity, John M. Regan, C.M.
The Catholic Lawyer
No abstract provided.
Vatican Ii On Religious Freedom, Msgr. John P. Kleinz
Vatican Ii On Religious Freedom, Msgr. John P. Kleinz
The Catholic Lawyer
No abstract provided.
New York's "Minor" Obscenity Statute Held Constitutional
New York's "Minor" Obscenity Statute Held Constitutional
The Catholic Lawyer
No abstract provided.
The Effect And Constitutionality Of Section 250 Of The New York Domestic Relations Law
The Effect And Constitutionality Of Section 250 Of The New York Domestic Relations Law
The Catholic Lawyer
No abstract provided.
A Structural Etiology Of The U.S. Constitution, Charles Lincoln
A Structural Etiology Of The U.S. Constitution, Charles Lincoln
Journal of Legislation
This article offers an interpretation of the problems addressed by and the eventual purpose of the United States government. Simultaneously, it seeks to analyze and explain the continued three-part structure of the United States federal government as outlined in the Constitution. Subsequently I define the three parts of the federal government—judiciary, executive, and legislative—as explained through the lens of the Platonic paradigm of (logos = word = law), (thymos = external driving spirit = executive), and (eros = general welfare = legislative) extrapolated from Plato’s dialogues.
First, the article establishes Plato’s theory of the three-part Platonic soul …