Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Levine (2)
- Samuel Levine (2)
- 4th amendment (1)
- 9th Amendment. Ninth Amendment (1)
- Automobile searches (1)
-
- Bible (1)
- Bivens (1)
- Clearly established federal law (1)
- Color of state law (1)
- Constitution (1)
- Constitutional rights (1)
- Correction officers (1)
- Defenses (1)
- Employment Division v. Smith (1)
- Establishment clause (1)
- Federal constitutional rights (1)
- Fourteenth Amendment (1)
- Fourth Amendment (1)
- Fourth amendment (1)
- Hermeneutic (1)
- Immunity (1)
- Jewish law (1)
- Juries (1)
- Jurisprudence (1)
- Jury (1)
- Law and religion (1)
- Lemon v. Kurtzman (1)
- Local officials (1)
- Martin A. Schwartz (1)
- Martin Schwartz (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
The Supreme Court's Hands-Off Approach To Religious Doctrine: An Introduction, Samuel J. Levine
The Supreme Court's Hands-Off Approach To Religious Doctrine: An Introduction, Samuel J. Levine
Scholarly Works
Although the current state of the United States Supreme Court's Religion Clause jurisprudence is an area of considerable complexity, the Court's approach is largely premised upon a number of basic underlying principles and doctrines. This Symposium issue explores an underlying principle of the Supreme Court's current Religion Clause jurisprudence, the Court's hands-off approach to questions of religious practice and belief. The Symposium is based on the program of the Law and Religion Section at the 2008 Annual Meeting of the Association of American Law Schools, in which a panel of leading scholars was asked to evaluate the Court's approach. The …
Of Inkblots And Omnisignificance: Conceptualizing Secondary And Symbolic Functions Of The Ninth Amendment, In A Comparative Hermeneutic Framework, Samuel J. Levine
Of Inkblots And Omnisignificance: Conceptualizing Secondary And Symbolic Functions Of The Ninth Amendment, In A Comparative Hermeneutic Framework, Samuel J. Levine
Scholarly Works
In this Essay, Levine focuses on a particular hermeneutic approach common to the interpretation of the Torah and the United States Constitution: a presumption against superfluity. This presumption accords to the text a considerable degree of omnisignificance, requiring that interpreters pay careful attention to every textual phrase and nuance in an effort to find its legal meaning and implications. In light of this presumption, it might be expected that normative interpretation of both the Torah and the Constitution would preclude a methodology that allows sections of the text to remain bereft of concrete legal application. In fact, however, both the …
Supreme Court § 1983 Decisions-October 2008 Term, Martin A. Schwartz
Supreme Court § 1983 Decisions-October 2008 Term, Martin A. Schwartz
Scholarly Works
No abstract provided.
The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila, Jr.
The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila, Jr.
Scholarly Works
Originalist analyses of the Framers’ views about governmental search power have devoted insufficient attention to the civil search statutes they promulgated for regulatory purposes. What attention has been paid concludes that the Framers were divided about how accessible search remedies should be. This Article explains why this conventional account is mostly wrong and explores the lessons to be learned from the statutory choices the Framers made with regard to search and seizure law. In enacting civil search statutes, the Framers chose to depart from common law standards and instead largely followed the patterns of preceding British civil search statutes. The …