Law Commons^™

Battering Through The Lens Of Class, Jody Raphael

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Advancing Equality In Domestic Violence Law Reform, Julie Goldscheid

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Justice Byron White And The Importance Of Process, Carl Tobias

UC Law Constitutional Quarterly

Professor Tobias pays tribute to Byron R. White, who was a twentieth-century Renaissance person. At the University of Colorado, he captured honors as the valedictorian and as an All-American football player. In 1939, White attended Oxford University on a Rhodes Scholarship. He then compiled the best academic record in the Yale Law School first-year class and later served as a judicial clerk for Chief Justice Fred Vinson. During 1962, President John F. Kennedy appointed White to the Supreme Court, and the jurist rendered distinguished service for three decades.

This essay affords three examples of White's acute sensitivity to process. One …

The Evolution Of Equality In American Law, Gerald Torres

UC Law Constitutional Quarterly

No abstract provided.

High School Drug Testing And The Original Understanding Of The Fourth Amendment, David E. Steinberg

UC Law Constitutional Quarterly

In Board of Education v. Earls, the United States Supreme Court recently held that a high school drug testing programs did not violate the Fourth Amendment to the United States Constitution. The Earls Court reached the correct result, but for the wrong reasons. A review of historical evidence indicates that the framers adopted the Fourth Amendment to deal with a single, specific issue. The framers sought to proscribe physical searches of residences pursuant to general warrants, or without any warrant at all.

Discussion of unreasonable searches in the late eighteenth century primarily focused on three controversies - the John Wilkes …

Foreword, Hastings Constitutional Law Quaterly

UC Law Constitutional Quarterly

No abstract provided.

Constitutional Sunsetting: Justice O'Connor's Closing Comments In Grutter, Vikram David Amar, Evan Caminker

UC Law Constitutional Quarterly

In this essay, Professors Amar and Caminker discuss the observation Justice O'Connor's majority opinion in Grutter makes that "[wie expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today." While they acknowledge the highly ambiguous nature of this sentence, Amar and Caminker hypothesize this passage as a warning from the Court that it will not necessarily rule a quarter century from now the way it did last summer, even if the underlying demographic facts remain the same. Amar and Caminker discuss how this possible reading fits in with …

Nema V. Sorrell: It's Lights Out For The National Electrical Manufacturers Association - A Look At Nema's Failed Commerce Clause Challenge, Joshua B. Ryan

Villanova Environmental Law Journal

No abstract provided.

Kootenai Tribe Of Idaho V. Veneman: The Roadless Rule: Dead End Or Never Ending Road, Kristine Meindl

Villanova Environmental Law Journal

No abstract provided.

Tolerance As Understanding, Jay Schiffman

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Narrowing The Nation's Power: The Supreme Court Sides With The States, By John T. Noonan, Jr., Matthew Fogelson

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Old Whine In A New Battle: Pragmatic Approaches To Balancing The Twenty-First Amendment, The Dormant Commerce Clause, And The Direct Shipping Of Wine , Gordon Eng

Fordham Urban Law Journal

This Note examines the tension between the Twenty-First Amendment to the United States Constitution and the Dormant Commerce Clause, with respect to state regulations governing of out-of-state direct shipment of wine to consumers. The Constitution is not clear about where the boundaries of the Commerce Clause lie when Congress has not explicitly addressed an issue. This Note first recognizes the importance of history with respect to the Twenty-First Amendment. It further examines recent court decisions, identifying four approaches taken by federal courts to address this issue and the distinguishing factors that influence the courts' final holdings. Finally, this Note offers …

Picture Perfect: A Critical Analysis Of The Debate On The 2002 Help America Vote Act, Gabrielle B. Ruda

Fordham Urban Law Journal

This Comment examines whether the Anti-Fraud provision provides a fair scheme for the identification process during voter registration, or if it inherently violates certain fundamental rights and freedoms of American citizens who wish to cast their ballot. This Comment conducts a historical assessment of the institution of voting, examines the standard of review used by courts to determine whether a law violates a citizen's constitutional right to vote and analyzes whether the Anti-Fraud provision is the appropriate means required to achieve its stated objective of decreasing voter fraud. This Comment argues that discriminatory infringements on voting rights need to be …

Life, Liberty, And The Pursuit Of Terrorists: An In-Depth Analysis Of The Government's Right To Classify United States Citizens Suspected Of Terrorism As Enemy Combatants And Try Those Enemy Combatants By Military Comission, Amanda Schaffer

Fordham Urban Law Journal

This Comment explores the government's right to treat citizens as enemy combatants and whether their trials should be by military commissions or by the non-military criminal justice system. It gives background information and explains the source of the government's right to determine enemy combatant status and to use military commissions. This Comment also describes the distinctions between a military trial and a regular criminal trial and explains the status of two cases regarding American citizens declared to be enemy combatants. The Comment goes on to explain why the government wants to use military commissions to try terrorists and the advantages …

The Usa Patriot Act: Civil Liberties, The Media, And Public Opinion, Lisa Finnegan Abdolian, Harold Takooshian

Fordham Urban Law Journal

This Essay offers an examination of the legal provision of the USA Patriot Act. It then looks at the distinct shift in U.S. media reporting on this legislation over time, and in-depth public opinion findings on people's mixed views of post-9/11 civil liberties. This Essay concludes that media coverage of events is best accompanied by tracking polls, to chart how much and why the U.S. public is coalescing or further dividing on issues of individual liberties during crisis.

The Scope Of Police Questioning During A Routine Traffic Stop: Do Questions Outside The Scope Of The Original Justification For The Stop Create Impermissible Seizures If They Do Not Prolong The Stop? , Bill Lawrence

Fordham Urban Law Journal

The issue this Note addresses is whether a police officer, during a routine traffic stop, violates a person's Fourth Amendment rights when the officer's questions stray from the original reason for the stop. Resolution of the issue pits privacy concerns against the state's interest in effective law enforcement. With circuits split over the issue, and the Supreme Court not yet plainly ruling on it, this Note aims to provide a narrow solution to the problem.Part I explains the Fourth Amendment reasonableness standard and discusses the line of Supreme Court cases from Terry v. Ohio14 to Florida v. Bostick 5 that …

Does A Marriage Really Need Sex?: A Critical Analysis Of The Gender Restriction On Marriage, Randi E. Frankle

Fordham Urban Law Journal

This Note discusses the issues surrounding intersex persons and the right to marry. The Comment first discusses the constitutional protection of the right to marry, intersex conditions, and case law regarding intersex, transsexual, and same-sex marriage. It further addresses the consequences for marriage when it is narrowly defined. Further, the Comment proposes an alternative solution to the one many courts have used. This solution allows an intersex person to self-designate her gender and be able to marry either a man or a woman. Finally, this Comment argues that if an intersex person can marry either a man or a woman, …

You Have A Right To Remain Silent, Michael Avery

Fordham Urban Law Journal

The Supreme Court will decide in the October 2002 term whether there is a cause of action under 42 U.S.C. Section 1983 based on a coercive police interrogation of a suspect in custody who has not been given Miranda warnings. The Supreme Court cannot decide that there is no cause of action under section 1983 for damages caused by coercive interrogation practices without turning its back on a large body of its own jurisprudence and on the deeply rooted cultural and political expectations of American citizens who trust that they have a meaningfu lconstitutionally protected right to remain silent when …

Crime, Gun Control, And The Batf: The Political Economy Of Law Enforcement, Jim F. Couch, Wiliam F. Shughart Ii

Fordham Urban Law Journal

The Bureau of Alcohol, Tobacco and Firearms ("BATF"), an agency of the United States Treasury Department, has wide-ranging law enforcement responsibilities, which include the investigation of crimes involving guns, explosives, and illicit drugs. Its execution of these duties has been the subject of considerable controversy. This Study reports evidence that the law enforcement activities of the BAFT are influenced by both public-spirited and bureaucratic motives. The evidence presented in this Study contributes to a rethinking of the public-interest paradigm.

Caseload Burdens And Jurisdictional Limitations: Some Observations From The History Of The Federal Courts, Edward A. Purcell Jr.

NYLS Law Review

No abstract provided.

Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch

NYLS Law Review

No abstract provided.

Thermal Imaging And The Fourth Amendment: The Role Of The Katz Test In The Aftermath Of Kyllo V. United States, Gregory Gomez

NYLS Law Review

No abstract provided.

Constitutional Law: The Garvee Bonds Case And Executive Power: Breakthrough Or Blip?, Andrew C. Spiropoulos

Oklahoma Law Review

No abstract provided.

Religious Expression, Government Funds, And The First Amendment, Suart J. Lark

West Virginia Law Review

No abstract provided.

Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman

UIC Law Review

No abstract provided.

Prior Restraint Is Nearer Than Readers Realize, Steven P. Aggergaard

William Mitchell Law Review

Review of Minnesota Rag: Corruption, Yellow Journalism, and the Case That Saved Freedom of the Press. By Fred W. Friendly. University of Minnesota Press, 2003. 264 pages. $16.95.

Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin

NYLS Law Review

No abstract provided.

The Gun Control Debate: A Culture-Theory Manifesto, Dan M. Kahan

Washington and Lee Law Review

No abstract provided.

In The Wake Of Kyllo V. United States: The Future Of Thermal Imaging Cameras, 36 J. Marshall L. Rev. 507 (2003), Paul Kleppetsch

UIC Law Review

No abstract provided.

The Quicksands Of Originalism: Interpreting Minnesota’S Constitutional Past, Douglas A. Hedin

William Mitchell Law Review

There are several varieties of the “originalist” school of constitutional thought, but all subscribe in one degree or another to the belief that a constitutional clause should be interpreted according to its original meaning or the original intent of its authors. That original understanding or intent can be discerned from the text of the clause, the history of its drafting and ratification and, sometimes, early practices and court decisions interpreting that clause. It rightly has been called a “grand theory” because it is simple and clear, explains so much, and it has the almost irresistible attraction of being anchored firmly …