Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (63)
- Criminal Law (13)
- Civil Rights and Discrimination (9)
- First Amendment (9)
- Law and Society (8)
-
- Comparative and Foreign Law (7)
- Criminal Procedure (7)
- Religion Law (6)
- Human Rights Law (5)
- Law and Politics (5)
- Fourteenth Amendment (4)
- Legal History (4)
- Public Law and Legal Theory (4)
- Sexuality and the Law (4)
- Social Welfare Law (4)
- Social and Behavioral Sciences (4)
- Courts (3)
- Economics (3)
- Education Law (3)
- Election Law (3)
- Immigration Law (3)
- International Law (3)
- Jurisprudence (3)
- Juvenile Law (3)
- Military, War, and Peace (3)
- Commercial Law (2)
- Fourth Amendment (2)
- Intellectual Property Law (2)
- Science and Technology Law (2)
- Publication
-
- Alan E Garfield (10)
- John F. Stinneford (6)
- Khagesh Gautam (3)
- Mel Cousins (3)
- Sharon E. Rush (3)
-
- Charles W. Collier (2)
- Darren L Hutchinson (2)
- Juan Carlos Riofrío Martínez-Villalba (2)
- Manoj S. Mate (2)
- Renée M. Hutchins (2)
- Shubhankar Dam (2)
- Adam A Marshall (1)
- Ashutosh Bhagwat (1)
- Barry Cushman (1)
- Bradley J Young JD PhD (1)
- Carl J. Circo (1)
- Christopher W. Schmidt (1)
- Daniel Schuker (1)
- Donald B. Tobin (1)
- Eduardo M. Peñalver (1)
- Elizabeth Dale (1)
- Gillian K Hadfield (1)
- Gregory P. Magarian (1)
- Hadar Aviram (1)
- Herbert Hovenkamp (1)
- Howard Darmstadter (1)
- Iain Field (1)
- Jason P. Nance (1)
- Julia Simon-Kerr (1)
- Kenneth Lasson (1)
Articles 61 - 78 of 78
Full-Text Articles in Law
Court Considers Space Restrictions On First Amendment, Alan E. Garfield
Court Considers Space Restrictions On First Amendment, Alan E. Garfield
Alan E Garfield
No abstract provided.
Retroactivity And Prospectivity Of Judgments In American Law, Richard Kay
Retroactivity And Prospectivity Of Judgments In American Law, Richard Kay
Richard Kay
In every American jurisdiction, new rules of law announced by a court are presumed to have retrospective effect—that is, they are presumed to apply to events occurring before the date of judgment. There are, however, exceptions in certain cases where a court believes that such application of the new rule will upset serious and reasonable reliance on the prior state of the law. This essay, a substantially abridged version of the United States Report on the subject, submitted at the Nineteenth International Congress of Comparative Law, summarizes these exceptional cases. It shows that the proper occasions for issuing exclusively or …
"Not Without Political Power": Gays And Lesbians, Equal Protection, And The Suspect Class Doctrine, Darren Hutchinson
"Not Without Political Power": Gays And Lesbians, Equal Protection, And The Suspect Class Doctrine, Darren Hutchinson
Darren L Hutchinson
The Supreme Court purportedly utilizes the suspect class doctrine in order to balance institutional concerns with the protection of important constitutional rights. The Court, however, inconsistently applies this doctrine, and it has not precisely defined its contours. The political powerlessness factor is especially undertheorized and contradictorily applied. Nevertheless, this factor has become salient in recent equal protection cases brought by gay and lesbian plaintiffs.
A growing body of and federal and state-court precedent addresses the flaws of the Court’s suspect class doctrine. This Article discusses the inadequacies of the suspect class doctrine and highlights problems within the emerging scholarship and …
The Heroic Corporation And First Amendment Romanticism: A Response To Professorsredish And Neuborne, Tamara R. Piety
The Heroic Corporation And First Amendment Romanticism: A Response To Professorsredish And Neuborne, Tamara R. Piety
Tamara R. Piety
Response to book reviews of my book "Brandishing the First Amendment" by Martin Redish and Burt Neuborne.
Burden Of Decision: Judging Presidential Disability Under The Twenty-Fifth Amendment, Daniel J.T. Schuker
Burden Of Decision: Judging Presidential Disability Under The Twenty-Fifth Amendment, Daniel J.T. Schuker
Daniel Schuker
This Article offers a new approach to understanding, classifying, and assessing cases of presidential disability. In constitutional terms, “presidential disability” refers to any condition that renders the President of the United States “unable to discharge the powers and duties” of the office. Remarkably, the existing legal infrastructure under the Twenty-Fifth Amendment provides no guidance for determining when a President has become constitutionally disabled. Nor does it explain when the President (under Section 3) should initiate the succession process, and when the Vice President and other senior officials (under Section 4) should take the lead instead. During crises of presidential disability, …
Deadly Dicta: Roe’S “Unwanted Motherhood,” Gonzales’S “Women’S Regret” And The Shifting Narrative Of Abortion Jurisprudence, Stacy A. Scaldo
Deadly Dicta: Roe’S “Unwanted Motherhood,” Gonzales’S “Women’S Regret” And The Shifting Narrative Of Abortion Jurisprudence, Stacy A. Scaldo
Stacy A Scaldo
No abstract provided.
Land Use Impact Fees: Does Koontz V. St. Johns River Water Management District Echo An Arkansas Philosophy Of Property Rights?, Carl J. Circo
Land Use Impact Fees: Does Koontz V. St. Johns River Water Management District Echo An Arkansas Philosophy Of Property Rights?, Carl J. Circo
Carl J. Circo
Liability For Massive Online Leaks Of National Defense Information, Rodney A. Smolla
Liability For Massive Online Leaks Of National Defense Information, Rodney A. Smolla
Rod Smolla
No abstract provided.
The "Not A Search" Game, John F. Stinneford
When Quacking Like A Duck Is Really A Swan Song In Disguise: How Windsor's State Powers Analysis Sets The Stage For The Demise Of Federalism-Based Marriage Discrimination, Nancy C. Marcus
Nancy C Marcus
The Immigration Detention Risk Assessment, Mark Noferi, Robert Koulish
The Immigration Detention Risk Assessment, Mark Noferi, Robert Koulish
Mark L Noferi
In early 2013, U.S. Immigration and Customs Enforcement (“ICE”) deployed nationwide a new automated risk assessment tool to help determine whether to detain or release noncitizens pending their deportation proceedings. Adapted from similar evidence-based criminal justice reforms that have reduced pretrial detention, ICE’s initiative now represents the largest pre-hearing risk assessment experiment in U.S. history—potentially impacting over 400,000 individuals per year. However, to date little information has been released regarding the risk assessment algorithm, processes, and outcomes.
This article provides the first comprehensive examination of ICE’s risk assessment initiative, based on public access to ICE methodology and outcomes as a …
Constitutions As Coordinating Devices, Gillian K. Hadfield, Barry R. Weingast
Constitutions As Coordinating Devices, Gillian K. Hadfield, Barry R. Weingast
Gillian K Hadfield
Why do successful constitutions have the attributes characteristically associated with the rule of law? Why do constitutions involve public reasoning? And, how is such a system sustained as an equilibrium? In this paper, we adapt the framework in our previous work on “what is law?” to the problem of constitutions and their enforcement (see Hadfield and Weingast 2012, 2013a,b). We present an account of constitutional law characterized by two features: a system of distinctive reasoning and process that is grounded in economic and political functionality; and a set of legal attributes such as generality, stability, publicity, clarity, non-contradictoriness, and consistency. …
Presidential Legislation In India: The Law And Practice Of Ordinances, Shubhankar Dam
Presidential Legislation In India: The Law And Practice Of Ordinances, Shubhankar Dam
Shubhankar Dam
India has a parliamentary system. Yet the president has authority to occasionally enact legislation (or ordinances) without involving parliament. This book is a study of ordinances at the national level in India, centred around three themes. First, it tells the story of how an artefact of British constitutional history, over time, became part of India’s legislative system. Second, it offers an empirical account of the ways in which presidents have resorted to ordinances in post-independence India. Third, the book analyses a range of ordinance-related questions, including some that are yet to be judicially adjudicated. In the process, the book explains …
State Constitutions And The Basic Structure Doctrine, Manoj Mate
State Constitutions And The Basic Structure Doctrine, Manoj Mate
Manoj S. Mate
High Courts And Election Law Reform In The United States And India, Manoj Mate
High Courts And Election Law Reform In The United States And India, Manoj Mate
Manoj S. Mate
Equal Protection: Immigrants' Access To Healthcare And Welfare Benefits, Mel Cousins
Equal Protection: Immigrants' Access To Healthcare And Welfare Benefits, Mel Cousins
Mel Cousins
The adoption of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (hereinafter “PRWORA”) led to considerable litigation over immigrants’ rights to welfare benefits and access to health care. The approaches adopted by different courts (both federal and state) diverged significantly based on the various statutory schemes involved as well as distinct approaches to equal protection. However, no “on point” cases have reached the United States Supreme Court, so the “correct” approach remains unclear. Following the fiscal crisis of 2008, several states moved for increased exclusion of certain immigrants residing in the country legally from state healthcare or welfare …
Equal Protection, Immigrants And Access To Health Care And Welfare Benefits – A 2014 Update, Mel Cousins
Equal Protection, Immigrants And Access To Health Care And Welfare Benefits – A 2014 Update, Mel Cousins
Mel Cousins
The introduction of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) led to considerable litigation on the rights of immigrants to welfare benefits and access to health care. There was significant divergence between the approaches adopted by the different courts (both federal and State) based, in part, on the different statutory schemes involved but also on different approaches to equal protection. However, none of the cases reached the Supreme Court so the ‘correct’ approach remained unclarified. In response to the Great Recession and subsequent budget crises, several States have again excluded certain legal immigrants from the scope …
Beit Din's Gap-Filling Function: Using Beit Din To Protect Your Client, Michael A. Helfand
Beit Din's Gap-Filling Function: Using Beit Din To Protect Your Client, Michael A. Helfand
Michael A Helfand
This article considers how rabbinical courts play an important gap-filling role by providing parties with a forum to adjudicate a subset of religious disputes that could not be resolved in court. Under current constitutional doctrine, civil courts cannot adjudicate disputes that turn on religious doctrine and practice. By contrast, rabbinical courts can resolve such disputes--and the decisions of rabbinical courts can then be enforced by civil courts even as those same civil courts could not resolve the dispute in the first instance. In this way, rabbinical courts--like other religious arbitration tribunals--fill a void created by constitutional law, ensuring that parties …