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Articles 31 - 58 of 58
Full-Text Articles in Law
Creating A Viral Federal Privacy Standard, A. Michael Froomkin
Creating A Viral Federal Privacy Standard, A. Michael Froomkin
Articles
No abstract provided.
A Hidden History Of Affirmative Obligation, Patrick O. Gudridge
A Hidden History Of Affirmative Obligation, Patrick O. Gudridge
Articles
No abstract provided.
Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas
Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas
Articles
The threat of future terrorist attacks has sped the proliferation of random, suspicionless searches and seizures, such as those now made of New York City subway riders. Courts assess the legality of such searches with an inherently flawed balancing test developed to assess searches and seizures made without "probable cause." Although scholars and Justices alike have decried the resort to balancing individual interests against the government's need to search, no alternative framework has been proposed. This Article proposes a more principled, objective inquiry for determining when suspicionless searches can be made. To eliminate the need for balancing, this Article advances …
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Articles
No abstract provided.
Due Process Rights And Terrorist Emergencies, James W. Nickel
Due Process Rights And Terrorist Emergencies, James W. Nickel
Articles
This essay discusses the grounds for due process rights (DPRs) and the permissibility of suspending them during terrorist and other emergencies. The two topics are profitably treated together because DPRs - along with freedoms of movement, expression, and political participation - are often suspended or restricted when national emergencies occur. Although I present a strong case for DPRs as human rights, this justification does not settle their priority during emergency situations. That issue raises additional questions, and I discuss some of them. The overall thrust of the essay is to defend the importance of respecting DPRs during troubled times. The …
Who Needs Freedom Of Religion?, James W. Nickel
Who Needs Freedom Of Religion?, James W. Nickel
Articles
This article proposes that we view freedom of religion as a specific application area of more general basic liberties such as freedoms of thought, expression, association, assembly, movement, privacy, political participation, and economic activity. Separate enumeration of freedom of religion in national and international bills of rights may be useful, but it is not indispensable. In this respect freedom of religion is more like scientific freedom or artistic freedom than like freedom of expression. Recognizing that separate enumeration of freedom of religion is dispensable has salutary consequences for how we conceive and justify freedom as it applies to religion. First, …
The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas
The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas
Articles
No abstract provided.
The Constitution Glimpsed From Tule Lake, Patrick O. Gudridge
The Constitution Glimpsed From Tule Lake, Patrick O. Gudridge
Articles
No abstract provided.
Agora: The United States Constitution And International Law Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman
Agora: The United States Constitution And International Law Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman
Articles
No abstract provided.
The Anti-Emergency Constitution, Laurence H. Tribe, Patrick O. Gudridge
The Anti-Emergency Constitution, Laurence H. Tribe, Patrick O. Gudridge
Articles
No abstract provided.
The Office Of The Oath, Patrick O. Gudridge
Essay: Remember Endo?, Patrick O. Gudridge
A Measure Of Freedom, James W. Nickel
Where Hannah Arendt Went Wrong, David Abraham
Wrong Turn In Cyberspace: Using Icann To Route Around The Apa And The Constitution, A. Michael Froomkin
Wrong Turn In Cyberspace: Using Icann To Route Around The Apa And The Constitution, A. Michael Froomkin
Articles
The Internet relies on an underlying centralized hierarchy built into the domain name system (DNS) to control the routing for the vast majority of Internet traffic. At its heart is a single data file, known as the "root." Control of the root provides singular power in cyberspace.
This Article first describes how the United States government found itself in control of the root. It then describes how, in an attempt to meet concerns that the United States could so dominate an Internet chokepoint, the U.S. Department of Commerce (DoC) summoned into being the Internet Corporation for Assigned Names and Numbers …
Why Basic Liberties Are Bilateral, James W. Nickel
The Thrift Crisis And The Constitution, Stanley I. Langbein
The Thrift Crisis And The Constitution, Stanley I. Langbein
Articles
No abstract provided.
Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham
Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham
Articles
Why, in comparison with other liberal capitalist democracies, is the social welfare state so poorly anchored in American law and public discourse? Surely American political and social history have contributed much to the weakness of our "social state." But law, too, has played a significant material, as well as ideological, role and has provided the terrain for much of our social development. This essay explores the particular contribution of the property-liberty nexus to the stunted development of positive liberty and social citizenship in the United States. It traces this connection from the natural rights and bourgeois Founders through several key …
The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin
The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin
Articles
No abstract provided.
The Imperial Presidency's New Vestments, A. Michael Froomkin
The Imperial Presidency's New Vestments, A. Michael Froomkin
Articles
No abstract provided.
Still Naked After All These Words, A. Michael Froomkin
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
Articles
No abstract provided.
With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer
With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer
Articles
No abstract provided.
Illusion, Illogic, And Injustice: Real-Offense Sentencing And The Federal Sentencing Guidelines, David Yellen
Illusion, Illogic, And Injustice: Real-Offense Sentencing And The Federal Sentencing Guidelines, David Yellen
Articles
No abstract provided.
Hawaiian Ripples, Patricia D. White
Hawaiian Ripples, Patricia D. White
Articles
Bacchus Imports, Ltd. and Eagle Distributors, Inc.
v.
George Freitas, Director of Taxation of the State of Hawaii
(Docket No. 82-1565)
Argued January 11, 1984
The Derivative And Discretionary-Function Immunities Of Presidential And Congressional Aides In Constitutional Tort Actions, Kathryn D. Sowle
The Derivative And Discretionary-Function Immunities Of Presidential And Congressional Aides In Constitutional Tort Actions, Kathryn D. Sowle
Articles
No abstract provided.
Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer
Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer
Articles
No abstract provided.
Congressional Investigations And Individual Liberties, M. Minnette Massey
Congressional Investigations And Individual Liberties, M. Minnette Massey
Articles
No abstract provided.