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Constitutional Law

2012

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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 Nov 2012

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 Nov 2012

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. Nov 2012

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 Nov 2012

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 Nov 2012

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 Nov 2012

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 Nov 2012

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. Nov 2012

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 Nov 2012

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 Nov 2012

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 Nov 2012

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. Nov 2012

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 Nov 2012

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 Nov 2012

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 Nov 2012

Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman

Pepperdine Law Review

No abstract provided.


Foreword, Antonin Scalia Nov 2012

Foreword, Antonin Scalia

Pepperdine Law Review

No abstract provided.


Introduction, Jeffrey S. Boyd Nov 2012

Introduction, Jeffrey S. Boyd

Pepperdine Law Review

No abstract provided.


November 27, 2012: A Compromise On The Contraception Mandate?, Bruce Ledewitz Nov 2012

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 Nov 2012

The Contraception Mandate, Caroline Mala Corbin

NULR Online

No abstract provided.


November 22, 2012: Happy Thanksgiving, Bruce Ledewitz Nov 2012

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 Nov 2012

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 Nov 2012

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 Nov 2012

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 Nov 2012

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 Nov 2012

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 Nov 2012

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 Nov 2012

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 Nov 2012

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 Nov 2012

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 Nov 2012

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 …