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Articles 751 - 769 of 769
Full-Text Articles in Law
Misreading Mcculloch V. Maryland, David S. Schwartz
Misreading Mcculloch V. Maryland, David S. Schwartz
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Miller V. Alabama And The Retroactivity Of Proportionality Rules, Perry L. Moriearty
Miller V. Alabama And The Retroactivity Of Proportionality Rules, Perry L. Moriearty
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Constitutional Limit On Trademark Propertization, Peter J. Karol
The Constitutional Limit On Trademark Propertization, Peter J. Karol
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
National Federation Of Independent Business’S Impact On State Medicaid Programs & The Rise Of Federalism By Waiver, Jessica Jones
National Federation Of Independent Business’S Impact On State Medicaid Programs & The Rise Of Federalism By Waiver, Jessica Jones
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
You Gotta Fight For The Right To Vote: Enfranchising Native American Voters, Jeanette Wolfley
You Gotta Fight For The Right To Vote: Enfranchising Native American Voters, Jeanette Wolfley
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Separations Of Wealth: Inequality And The Erosion Of Checks And Balances, Kate Andrias
Separations Of Wealth: Inequality And The Erosion Of Checks And Balances, Kate Andrias
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Calling A Spade A Spade: Understanding Sex Offender Registration As Punishment And Implications Post-Starkey, Alex Duncan
Calling A Spade A Spade: Understanding Sex Offender Registration As Punishment And Implications Post-Starkey, Alex Duncan
Oklahoma Law Review
No abstract provided.
Unfinished Business Of Repealing “Don’T Ask, Don’T Tell”: The Military’S Unconstitutional Ban On Transgender Individuals, Kayla Quam
Utah Law Review
Discrimination based on gender identity is a form of sex discrimination. In Price Waterhouse, the Supreme Court clarified that “sex” encompasses more than biological genitalia. That ruling eviscerated the holding of Holloway, Sommers, and Ulane—the three cases the Tenth Circuit relied on in declaring that sex discrimination did not encompass gender nonconformity. At least since Price Waterhouse, discrimination against someone because of that individual’s failure to conform to sex stereotypes must be considered a form of sex discrimination.156 As transgenderism is defined as nonconformity “to that typically associated with the sex . . . assigned at birth,” discrimination based on …
The Problems Inherent In Litigating Employer Free Exercise Rights, Henry L. Chambers Jr.
The Problems Inherent In Litigating Employer Free Exercise Rights, Henry L. Chambers Jr.
University of Colorado Law Review
No abstract provided.
Litigating Against The Civil Rights Movement, Christopher W. Schmidt
Litigating Against The Civil Rights Movement, Christopher W. Schmidt
University of Colorado Law Review
No abstract provided.
The Support Structure For Campaign Finance Litigation In The Roberts Court: A Research Agenda, Ann Southworth
The Support Structure For Campaign Finance Litigation In The Roberts Court: A Research Agenda, Ann Southworth
University of Colorado Law Review
No abstract provided.
Furtive Encryption: Power, Trusts, And The Constitutional Cost Of Collective Surveillance, Jeffrey L. Vagle
Furtive Encryption: Power, Trusts, And The Constitutional Cost Of Collective Surveillance, Jeffrey L. Vagle
Indiana Law Journal
Recent revelations of heretofore secret U.S. government surveillance programs have sparked national conversations about their constitutionality and the delicate balance between security and civil liberties in a constitutional democracy. Among the revealed policies asserted by the National Security Agency (NSA) is a provision found in the “minimization procedures” required under section 702 of the Foreign Intelligence Surveillance Act of 1978. This provision allows the NSA to collect and keep indefinitely any encrypted information collected from domestic communications—including the communications of U.S. citizens. That is, according to the U.S. government, the mere fact that a U.S. citizen has encrypted her electronic …
Conditions To Drive: The Constitutionality Of Minnesota's Implied Consent Statute—State V. Brooks, Chris Florey
Conditions To Drive: The Constitutionality Of Minnesota's Implied Consent Statute—State V. Brooks, Chris Florey
William Mitchell Law Review
No abstract provided.
Our Constitutional Commons, Brigham Daniels, Blake Hudson
Our Constitutional Commons, Brigham Daniels, Blake Hudson
Georgia Law Review
While much has been written about the U.S. Constitution, very little if anything at all, has been said about the ways in which the Constitution shares attributes with the commons. This Article examines the Constitution and the efforts to influence the shape and scope of its application through the lenses developed by scholars for assessing both common good and public good resources. Focusing on these interrelated lenses provides a unique perspective on both the U.S. Constitution and those attempting to influence its text and its interpretation. The synergy and interaction between the common good and public good dimensions of the …
The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church
The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church
Kentucky Law Journal
No abstract provided.
The Young And The Restless: How The Twenty-Sixth Amendment Could Play A Role In The Current Debate Over Voting Laws, Nancy Turner
The Young And The Restless: How The Twenty-Sixth Amendment Could Play A Role In The Current Debate Over Voting Laws, Nancy Turner
American University Law Review
The Twenty-Sixth Amendment is commonly understood as lowering the voting age to eighteen. However, a close look at the Amendment's language and history indicates that the Twenty-Sixth Amendment does more than just grant a right. Properly read, the Twenty-Sixth Amendment acts as an antidiscrimination law similar to the Fourteenth, Fifteenth, and Nineteenth Amendments. Accordingly, the Twenty-Sixth Amendment possesses the power not just to invalidate legislation that explicitly contravenes its purpose, but also to neutralize facially neutral legislation that was enacted with a discriminatory intent. Using Fourteenth and Fifteenth Amendment jurisprudence as a guide, this Comment proposes a framework for structuring …
Emergency Takings, Brian Angelo Lee
Emergency Takings, Brian Angelo Lee
Michigan Law Review
Takings law has long contained a puzzle. The Fifth Amendment to the U.S. Constitution requires the government to pay “just compensation” to owners of private property that the government “takes.” In ordinary circumstances, this requirement applies equally whether the property is confiscated or destroyed, and it also applies to property confiscated in emergencies. Remarkably, however, courts have repeatedly held that if the government destroys property to address an emergency, then a “necessity exception” relieves the government of any obligation to compensate the owner of the property that was sacrificed for the public good. Although the roots of this startling principle …
Touching Torture With A Ten-Foot Pole: The Legality Of Canada’S Approach To National Security Information Sharing With Human Rights-Abusing States, Craig Forcese
Osgoode Hall Law Journal
In 2011, then-Public Safety Minister Vic Toews issued “ministerial directions” to Canada’s key security and intelligence agencies on “Information Sharing with Foreign Entities.” These directions permit information sharing in exigent circumstances, even where there is substantial risk of mistreatment of an individual. After a brief chorus of condemnation, the directions sank into relative obscurity while remaining part of Canada’s national security policy framework. This article aims to reignite discussion of these policies and their controversial content, relying in large measure on documents obtained by the author directly or through journalistic researchers under access to information law. First, I examine dilemmas …
Substantive Equality As Equal Recognition: A New Theory Of Section 15 Of The Charter, Anthony Robert Sangiuliano
Substantive Equality As Equal Recognition: A New Theory Of Section 15 Of The Charter, Anthony Robert Sangiuliano
Osgoode Hall Law Journal
This article presents a novel theory of the concept of substantive equality under section 15(1) of the Canadian Charter of Rights and Freedoms called Substantive Equality as Equal Recognition. This contribution is timely in light of the Supreme Court of Canada’s recent disagreement over the proper jurisprudential approach to interpreting section 15(1) in the 2013 case of Quebec v A. Substantive Equality as Equal Recognition holds that the purpose of section 15(1) is to ensure that the law’s application does not reflect, through its impact or effects, hierarchies of status that exist between citizens within Canadian society. The article argues …