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Fordham Law School

2007

Constitutional law

Articles 1 - 14 of 14

Full-Text Articles in Law

Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin Jan 2007

Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin

Fordham Law Review

This Article critiques the constitutional underpinnings of the “ministerial exemption,” which grants religious organizations immunity from discrimination suits brought by “ministerial” employees. These employees, who range from parochial schoolteachers to church music directors, cannot assert Title VII race or sex discrimination claims against their religious employers--regardless of whether or not religious belief motivated the discrimination. Lower courts and commentators assert that the right of church autonomy created by the religion clauses requires this result, but the Supreme Court has never blessed (nor rejected) it. This Article argues there is no place for the ministerial exemption under the Supreme Court's current …


The Machine Gun Statute: Its Controversial Past And Possible Future, Leslie Wepner Jan 2007

The Machine Gun Statute: Its Controversial Past And Possible Future, Leslie Wepner

Fordham Law Review

No abstract provided.


Minimalism Versus Perfectionism In Constitutional Theory, Editors' Forward Jan 2007

Minimalism Versus Perfectionism In Constitutional Theory, Editors' Forward

Fordham Law Review

No abstract provided.


Second-Order Perfectionism, Cass R. Sunstein Jan 2007

Second-Order Perfectionism, Cass R. Sunstein

Fordham Law Review

No abstract provided.


The Paradoxical Structure Of Constitutional Litigation, Pamela S. Karlan Jan 2007

The Paradoxical Structure Of Constitutional Litigation, Pamela S. Karlan

Fordham Law Review

No abstract provided.


Minimalism, Perfectionism, And Common Law Constitutionalism: Reflections On Sunstein's And Fleming's Efforts To Find The Sweet Spot In Constitutional Theory, Benjamin C. Zipursky Jan 2007

Minimalism, Perfectionism, And Common Law Constitutionalism: Reflections On Sunstein's And Fleming's Efforts To Find The Sweet Spot In Constitutional Theory, Benjamin C. Zipursky

Fordham Law Review

No abstract provided.


The Incredible Shrinking Constitutional Theory: From The Partial Constitution To The Minimal Constitution, James E. Fleming Jan 2007

The Incredible Shrinking Constitutional Theory: From The Partial Constitution To The Minimal Constitution, James E. Fleming

Fordham Law Review

No abstract provided.


Process Theory, Majoritarianism, And The Original Understanding, William Michael Treanor Jan 2007

Process Theory, Majoritarianism, And The Original Understanding, William Michael Treanor

Fordham Law Review

No abstract provided.


Displacing Dissent: The Role Of "Place" In First Amendment Jurisprudence, Thomas P. Crocker Jan 2007

Displacing Dissent: The Role Of "Place" In First Amendment Jurisprudence, Thomas P. Crocker

Fordham Law Review

No abstract provided.


The Fit Dimension, Abner S. Greene Jan 2007

The Fit Dimension, Abner S. Greene

Fordham Law Review

No abstract provided.


Privacy, Minimalism, And Perfectionism, Charles A. Kelbley Jan 2007

Privacy, Minimalism, And Perfectionism, Charles A. Kelbley

Fordham Law Review

No abstract provided.


Valuing Autonomy, Youngjae Lee Jan 2007

Valuing Autonomy, Youngjae Lee

Fordham Law Review

No abstract provided.


A Textual And Historical Case Against A Global Constitution, Andrew Kent Jan 2007

A Textual And Historical Case Against A Global Constitution, Andrew Kent

Faculty Scholarship

he emerging conventional wisdom in the legal academy is that individual rights under the U.S. Constitution should be extended to noncitizens outside the United States. This claim - called globalism in my article - has been advanced with increasing vigor in recent years, most notably in response to legal positions taken by the Bush administration during the war on terror. Against a Global Constitution challenges the textual and historical grounds advanced to support the globalist conventional wisdom and demonstrates that they have remarkably little support. At the same time, the article adduces textual and historical evidence that noncitizens were among …


Congress’S Under-Appreciated Power To Define And Punish Offenses Against The Law Of Nations, Andrew Kent Jan 2007

Congress’S Under-Appreciated Power To Define And Punish Offenses Against The Law Of Nations, Andrew Kent

Faculty Scholarship

Perhaps no Article I power of Congress is less understood than the power to define and punish . . . Offences against the Law of Nations. There are few scholarly works about the Clause; Congress, the Supreme Court, and the Executive Branch have seldom interpreted the Clause, and even then they have done so in a cursory and contradictory manner. Relying on textual analysis and Founding-era history and political theory to read the Clause in a different mannner than previous commentators, this Article seeks to rescue the Clause from obscurity and thereby enrich current foreign affairs debates. Not only is …