Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (308)
- Pepperdine University (131)
- SelectedWorks (126)
- Duquesne University (103)
- Touro University Jacob D. Fuchsberg Law Center (46)
-
- University of Maryland Francis King Carey School of Law (46)
- Duke Law (36)
- William & Mary Law School (33)
- Georgetown University Law Center (28)
- University of Florida Levin College of Law (27)
- Chicago-Kent College of Law (22)
- University of Michigan Law School (22)
- Maurer School of Law: Indiana University (19)
- University of Pennsylvania Carey Law School (19)
- University of Richmond (19)
- UC Law SF (17)
- Columbia Law School (14)
- Florida State University College of Law (12)
- UIC School of Law (11)
- University of Georgia School of Law (11)
- Boston University School of Law (10)
- Brigham Young University Law School (10)
- Cornell University Law School (10)
- New York Law School (10)
- The Catholic University of America, Columbus School of Law (10)
- The University of Akron (10)
- University of Colorado Law School (10)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (10)
- American University Washington College of Law (9)
- Golden Gate University School of Law (9)
- Keyword
-
- Constitutional Law (136)
- Philosophy (103)
- Theology (102)
- American Religious Democracy (100)
- Hallowed Secularism (100)
-
- Constitutional law (96)
- Constitution (94)
- Supreme Court (92)
- Constitutional History (86)
- Politics (58)
- First Amendment (54)
- Federalism (40)
- Law (38)
- United States (34)
- Religion (31)
- Human rights (25)
- United States Constitution (25)
- Evidence (24)
- Fourth Amendment (24)
- Sixth Amendment (24)
- United States Supreme Court (23)
- Freedom of speech (22)
- Fourteenth Amendment (21)
- Congress (20)
- Discrimination (20)
- Government (20)
- Privacy (20)
- Due process (19)
- Civil Rights (18)
- Commerce Clause (18)
- Publication
-
- Pepperdine Law Review (127)
- Hallowed Secularism (100)
- Peter J. Aschenbrenner (88)
- Faculty Scholarship (72)
- Touro Law Review (44)
-
- Georgetown Law Faculty Publications and Other Works (27)
- All Faculty Scholarship (26)
- Faculty Publications (26)
- Paulo Ferreira da Cunha (23)
- Florida Law Review (19)
- Schmooze 'tickets' (19)
- Chicago-Kent Law Review (18)
- Maryland Law Review (18)
- Articles (17)
- UC Law Constitutional Quarterly (17)
- Kent Greenfield (16)
- Scholarly Works (15)
- Publications (13)
- William & Mary Bill of Rights Journal (13)
- Scholarly Articles (12)
- Scholarly Publications (12)
- University of Richmond Law Review (12)
- Alan E Garfield (11)
- William & Mary Law Review (11)
- BYU Law Review (10)
- Cornell Law Faculty Publications (10)
- Duke Journal of Constitutional Law & Public Policy Sidebar (10)
- Elisabeth Haub School of Law Faculty Publications (9)
- Doug Rendleman (8)
- UF Law Faculty Publications (8)
- Publication Type
Articles 91 - 120 of 1379
Full-Text Articles in Law
Shall The Twain Never Meet? Competing Narratives And Discourses Of The Rule Of Law In Singapore, Jack Tsen-Ta Lee
Shall The Twain Never Meet? Competing Narratives And Discourses Of The Rule Of Law In Singapore, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
This article aims to assess the role played by the rule of law in discourse by critics of the Singapore Government’s policies and in the Government’s responses to such criticisms. It argues that in the past the two narratives clashed over conceptions of the rule of law, but there is now evidence of convergence of thinking as regards the need to protect human rights, though not necessarily as to how the balance between rights and other public interests should be struck. The article also examines why the rule of law must be regarded as a constitutional doctrine in Singapore, the …
Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther
Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther
Jorge E De Hoyos Walther
Se analiza la más reciente jurisprudencia de la SCJN, referente a los interdictos en contra de construcción de ductos para la distribución de gas natural.
Changing Places: A New Role For Creators In The Digital World, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.
Changing Places: A New Role For Creators In The Digital World, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.
Rodolfo C. Rivas
The authors provide a brief overview of the author’s role in exploiting their creations and how new technologies have made authors and publishers explore new business models. In the article, the authors take a look at the innovative business models implemented by J.K. Rowling, Stephen King, Radiohead and Frank Ocean amongst others./////////////////////////////////////////////////// Los autores proporcionan una breve descripción de la función del autor en la explotación de sus creaciones y cómo las nuevas tecnologías han obligado a los autores y editores explorar nuevos modelos de negocio. En el artículo, los autores echan un vistazo a los modelos de negocio innovadores …
November 30, 2012: A Movie To Redeem Politics, Bruce Ledewitz
November 30, 2012: A Movie To Redeem Politics, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Movie to Redeem Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson
An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson
Pepperdine Law Review
No abstract provided.
Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt
Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt
Pepperdine Law Review
No abstract provided.
The Right To Waive Competent Counsel: Extending The Faretta Waiver, Augustine Gerard Yee
The Right To Waive Competent Counsel: Extending The Faretta Waiver, Augustine Gerard Yee
Pepperdine Law Review
No abstract provided.
Deinstitutionalization Of Status Offenders: In Perspective , Robert W. Sweet Jr.
Deinstitutionalization Of Status Offenders: In Perspective , Robert W. Sweet Jr.
Pepperdine Law Review
No abstract provided.
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
Pepperdine Law Review
No abstract provided.
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Pepperdine Law Review
No abstract provided.
The Free Exercise Clause Gets A Costly Workout In Employment Division, Department Of Human Resources Of Oregon V. Smith , David Leventhal
The Free Exercise Clause Gets A Costly Workout In Employment Division, Department Of Human Resources Of Oregon V. Smith , David Leventhal
Pepperdine Law Review
No abstract provided.
The Separation Of Powers Doctrine: Straining Out Gnats, Swallowing Camels?, James M. Mcgoldrick Jr.
The Separation Of Powers Doctrine: Straining Out Gnats, Swallowing Camels?, James M. Mcgoldrick Jr.
Pepperdine Law Review
No abstract provided.
Separation Of Powers: Interpretation Outside The Courts , Louis Fisher
Separation Of Powers: Interpretation Outside The Courts , Louis Fisher
Pepperdine Law Review
No abstract provided.
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
Pepperdine Law Review
No abstract provided.
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Pepperdine Law Review
No abstract provided.
Foreword, Antonin Scalia
Introduction, Jeffrey S. Boyd
November 27, 2012: A Compromise On The Contraception Mandate?, Bruce Ledewitz
November 27, 2012: A Compromise On The Contraception Mandate?, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Compromise on the Contraception Mandate?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Contraception Mandate, Caroline Mala Corbin
November 22, 2012: Happy Thanksgiving, Bruce Ledewitz
November 22, 2012: Happy Thanksgiving, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Thanksgiving“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 21, 2012: The Tensions In Religious Liberty, Bruce Ledewitz
November 21, 2012: The Tensions In Religious Liberty, Bruce Ledewitz
Hallowed Secularism
Blog post, “he Tensions in Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Power To Block The Affordable Care Act: What Are The Limits?, John D. Kraemer, Lawrence O. Gostin
The Power To Block The Affordable Care Act: What Are The Limits?, John D. Kraemer, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Though Supreme Court upheld most parts of the Affordable Care Act (ACA), Congress’ goals in enacting it could still be frustrated by non-implementation. During his campaign for president, Governor Romney promised “to issue Obamacare waivers to all fifty states.” While such blanket waivers would likely violate the Constitution’s Take Care Clause, the ACA does permit other waivers. To be lawful, however, they must meet certain requirements designed to enhance access and lower cost. A president who opposes the ACA might be able to limit its implementation by refusing to issue premium subsidies in federally operated insurance exchanges, and this might …
Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen
Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen
Nicholas Benedict Arntsen
Abstract: In recent decades, the structure of the American family has been revolutionized to incorporate families of diverse and unconventional compositions. Gay and lesbian couples have undoubtedly played a crucial role in this revolution by establishing families through the tool of adoption. Eleven adoptive parents from the state of Connecticut were interviewed to better conceptualize the unique barriers gay couples encounter in the process adoption. Both the scholarly research and the interview data illustrate that although gay couples face enormous legal barriers, the majority of their hardship comes through social interactions. As a result, the cultural myths and legal restrictions …
Possession Of Child Pornography: Should You Be Convicted When The Computer Cache Does The Saving For You?, Giannina Marin
Possession Of Child Pornography: Should You Be Convicted When The Computer Cache Does The Saving For You?, Giannina Marin
Florida Law Review
“For years, defense lawyers have argued the ‘young and stupid’ semidefense for their youthful clients. Now, we can have the ‘I didn’t know it was on the hard drive’ objection for the unsophisticated computer user in child pornography cases—or at least they can in the 9th Circuit.” This quote, appearing on the website of an East Texas criminal defense law firm, refers to the outcome of United States v. Kuchinski. In Kuchinski, the defendant’s computer contained, in various forms, more than 15,000 images of child pornography. There was no question that Kuchinski’s volitional viewing of the images on the Internet …
Student Speech Rights In The Digital Age, Mary-Rose Papandrea
Student Speech Rights In The Digital Age, Mary-Rose Papandrea
Florida Law Review
For several decades courts have struggled to determine when, if ever, public schools should have the power to restrict student expression that does not occur on school grounds during school hours. In the last several years, courts have struggled with this same question in a new context—the digital media. The dramatic increase in the number of student speech cases involving the Internet, mobile phones, and video cameras begs for a closer examination of the scope of school officials’ authority to censor the expression of minors as well as the scope of juvenile speech rights generally. This Article takes a close …
False Statements V. Free Debate: Is The First Amendment A License To Lie In Elections?, Simon A. Rodell
False Statements V. Free Debate: Is The First Amendment A License To Lie In Elections?, Simon A. Rodell
Florida Law Review
No abstract provided.
Constitutional Advocacy Explains Constitutional Outcomes, Stephen A. Higginson
Constitutional Advocacy Explains Constitutional Outcomes, Stephen A. Higginson
Florida Law Review
In oral argument in Baker v. Carr, Attorney Z.T. Osborn, Jr., on behalf of Tennessee voters arguing that the U.S. Supreme Court should hold legislative apportionment ajusticiable issue, exclaimed that "the motto of the Supreme Court of Tennessee is Fiat justicia ruat caelum; Let justice be done if the skies should fall." With that exhortation, Osborn remarked to the Court, "We have no other place to go. Weare at the capital of the world.
Reining In Abuses Of Executive Power Through Substantive Due Process, Rosalie Berger
Reining In Abuses Of Executive Power Through Substantive Due Process, Rosalie Berger
Florida Law Review
Although substantive due process is one of the most confusing and controversial areas of constitutional law, it is well established that the Due Process Clause includes a substantive component that “bars certain arbitrary wrongful government actions ‘regardless of the fairness of the procedures used to implement them.’” The Court has recognized substantive due process limitations on law-enforcement personnel, publicschool officials, government employers, and those who render decisions that affect our property rights. Government officials who act with intent to harm or with deliberate indifference to our rights have been found to engage in conduct that “shocks the judicial conscience” contrary …
Substantive Due Process: Sex Toys After Lawrence Williams V. Morgan, 478 F.3d 1316 (11th Cir. 2007), Michael J. Hooi
Substantive Due Process: Sex Toys After Lawrence Williams V. Morgan, 478 F.3d 1316 (11th Cir. 2007), Michael J. Hooi
Florida Law Review
No abstract provided.
In Honor Of Walter O. Weyrach: Florida's Eminent Domain Overhaul: Creating More Problems Than It Solved, Scott J. Kennelly
In Honor Of Walter O. Weyrach: Florida's Eminent Domain Overhaul: Creating More Problems Than It Solved, Scott J. Kennelly
Florida Law Review
A knock at your front door wakes you. Blurry-eyed, you open your door to a government official who tells you that the city would like to purchase your home for a price slightly greater than fair market value. According to the official, most of your neighbors have already agreed to sell their homes so that your “distressed” neighborhood can get an economic facelift, which will include a multi-tower condominium complex. While you briefly consider selling, you are bothered that the government will not put your property to what you deem a traditional public use. Quickly remembering that your state representative …