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Full-Text Articles in Law

Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler Sep 2007

Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler

West Virginia Law Review

No abstract provided.


Establishment Clause Limits On Free Exercise Accommodations, Kent Greenawalt Sep 2007

Establishment Clause Limits On Free Exercise Accommodations, Kent Greenawalt

West Virginia Law Review

No abstract provided.


The Establishment Clause And Religious Expression In Government Settings: Four Variables In Search Of A Standard, Daniel O. Conkle Sep 2007

The Establishment Clause And Religious Expression In Government Settings: Four Variables In Search Of A Standard, Daniel O. Conkle

West Virginia Law Review

No abstract provided.


Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella Sep 2007

Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella

West Virginia Law Review

No abstract provided.


Instruments Of Accommodation: The Military Chaplaincy And The Constitution, Ira C. Lupu, Robert W. Tuttle Sep 2007

Instruments Of Accommodation: The Military Chaplaincy And The Constitution, Ira C. Lupu, Robert W. Tuttle

West Virginia Law Review

No abstract provided.


Substantive Neutrality Revisited, Douglas Laycock Sep 2007

Substantive Neutrality Revisited, Douglas Laycock

West Virginia Law Review

No abstract provided.


When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck Sep 2007

When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck

West Virginia Law Review

No abstract provided.


Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green Sep 2007

Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green

West Virginia Law Review

No abstract provided.


Life After The Establishment Clause, Steven G. Gey Sep 2007

Life After The Establishment Clause, Steven G. Gey

West Virginia Law Review

No abstract provided.


Law's Religion: Rendering Culture, Benjamin L. Berger Apr 2007

Law's Religion: Rendering Culture, Benjamin L. Berger

Osgoode Hall Law Journal

This article argues that constitutional law's inability to deal with religion in a satisfying way flows, in part, from its failure to understand religion as, in a robust sense, culture. Once one begins to understand the Canadian constitutional rule of law itself as a cultural form, it becomes apparent that law renders religion in a very particular fashion, and that this rendering is a product of law's symbolic categories and interpretive horizons. This article draws out the elements of Canadian constitutionalism's unique rendering of religion and argues that, although Canadian constitutionalism claims to understand religion as a culture, this is …


Localism And The West Virginia Constitution, Robert M. Bastress Jr. Apr 2007

Localism And The West Virginia Constitution, Robert M. Bastress Jr.

West Virginia Law Review

No abstract provided.


Geographic Representation And The U.S. Congress, Frances E. Lee Jan 2007

Geographic Representation And The U.S. Congress, Frances E. Lee

Maryland Law Review

No abstract provided.


Juvenile Curfews: Political Pandering At The Expense Of A Fundamental Right, Toni L. Conner Jan 2007

Juvenile Curfews: Political Pandering At The Expense Of A Fundamental Right, Toni L. Conner

West Virginia Law Review

No abstract provided.


Demystifying Social Welfare: Foundations For Constitutional Design, Joe Oppenheimer, Norman Frohlich Jan 2007

Demystifying Social Welfare: Foundations For Constitutional Design, Joe Oppenheimer, Norman Frohlich

Maryland Law Review

No abstract provided.


Slavery And The Marshall Court: Preventing “Oppressions Of The Minor Party”?, Leslie Friedman Goldstein Jan 2007

Slavery And The Marshall Court: Preventing “Oppressions Of The Minor Party”?, Leslie Friedman Goldstein

Maryland Law Review

No abstract provided.


A Place For Interposition? What John Taylor Of Caroline And The Embargo Crisis Have To Offer Regarding Resistance To The Bush Constitution, Bradley D. Hays Jan 2007

A Place For Interposition? What John Taylor Of Caroline And The Embargo Crisis Have To Offer Regarding Resistance To The Bush Constitution, Bradley D. Hays

Maryland Law Review

No abstract provided.


From “Just” To “Just Decent”? Constitutional Transformations And The Reordering Of The Twenty-First-Century Public Sphere, Cindy Skach Jan 2007

From “Just” To “Just Decent”? Constitutional Transformations And The Reordering Of The Twenty-First-Century Public Sphere, Cindy Skach

Maryland Law Review

No abstract provided.


Double Jeopardy Law And The Separation Of Powers, Alex Tsiatsos Jan 2007

Double Jeopardy Law And The Separation Of Powers, Alex Tsiatsos

West Virginia Law Review

No abstract provided.


Originalism, The Living Constitution, And Supreme Court Decision Making In The Twenty-First Century: Explaining Lawrence V. Texas, Ronald Kahn Jan 2007

Originalism, The Living Constitution, And Supreme Court Decision Making In The Twenty-First Century: Explaining Lawrence V. Texas, Ronald Kahn

Maryland Law Review

No abstract provided.


The Original Meaning Of Original Understanding: A Neo-Blackstonian Critique, Saul Cornell Jan 2007

The Original Meaning Of Original Understanding: A Neo-Blackstonian Critique, Saul Cornell

Maryland Law Review

No abstract provided.


What Is A Twentieth-Century Constitution?, Peter E. Quint Jan 2007

What Is A Twentieth-Century Constitution?, Peter E. Quint

Maryland Law Review

No abstract provided.


Levinson And Constitutional Reform: Some Notes, Stephen M. Griffin Jan 2007

Levinson And Constitutional Reform: Some Notes, Stephen M. Griffin

Maryland Law Review

No abstract provided.


The Fog Of War: Checks And Balances And National Security Policy, Kenneth Ward Jan 2007

The Fog Of War: Checks And Balances And National Security Policy, Kenneth Ward

Maryland Law Review

No abstract provided.


The Balkanization Of Originalism, James E. Fleming Jan 2007

The Balkanization Of Originalism, James E. Fleming

Maryland Law Review

No abstract provided.


The Downlow On Kelo: How An Expansive Interpretation Of The Public Use Clause Has Opened The Floodgates For Eminent Domain Abuse, Eric L. Silkwood Jan 2007

The Downlow On Kelo: How An Expansive Interpretation Of The Public Use Clause Has Opened The Floodgates For Eminent Domain Abuse, Eric L. Silkwood

West Virginia Law Review

No abstract provided.


The Constitution Is The Social Contract So It Must Be A Contract ... Right? A Critique Of Originalism As Interpretive Method, Paul Lermack Jan 2007

The Constitution Is The Social Contract So It Must Be A Contract ... Right? A Critique Of Originalism As Interpretive Method, Paul Lermack

William Mitchell Law Review

No abstract provided.


Constitutional Reforms To Enhance Democratic Participation And Deliberation: Not All Clearly Trigger The Article V Amendment Process, Carol Nackenoff Jan 2007

Constitutional Reforms To Enhance Democratic Participation And Deliberation: Not All Clearly Trigger The Article V Amendment Process, Carol Nackenoff

Maryland Law Review

No abstract provided.


Afterword: Do We Really Believe Any Longer In The Possibility Of “Government From Reflection And Choice”? A Dour Meditation On Our Present Situation, Sanford Levinson Jan 2007

Afterword: Do We Really Believe Any Longer In The Possibility Of “Government From Reflection And Choice”? A Dour Meditation On Our Present Situation, Sanford Levinson

Maryland Law Review

No abstract provided.


Two Cheers For Eighteenth-Century Constitutionalism In The Twenty-First Century, George Thomas Jan 2007

Two Cheers For Eighteenth-Century Constitutionalism In The Twenty-First Century, George Thomas

Maryland Law Review

No abstract provided.


The Constitution In A Postmodem Age, Calvin Massey Jan 2007

The Constitution In A Postmodem Age, Calvin Massey

Washington and Lee Law Review

No abstract provided.