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Articles 1381 - 1392 of 1392
Full-Text Articles in Law
Prayer In Public Schools: Without Heat, How Can There Be Light?, Or Narrative As The Reasonable Way To Discuss The Arational. Report On The Second Annual Law Day Symposium Jointly Sponsored By The Center For First Amendment Rights And The University Of Connecticut School Of Law, Malla Pollack
Malla Pollack
Prayer in public schools cannot be discussed fully without recognizing the high emotions tied to religion -- and the danger of such emotions. Against a historical account of the adoption of the Establishment Clause, this article reports on a conference in which speakers presented disparate approachs to prayer in public schools: (i) the religious objection to allowing the state to undermine religion which is historically tied to Roger Williams; (ii) a narrow allegedly originalist argument in support of the practice; (iii) a suggestion to defuse religious-factionalism by teaching about religion as part of a multi-cultural curriculum; and (iv) a critique …
Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson
Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson
David B Kopel
Domestic terrorism is not a reason to abrogate constitutional rights, argues this 101-page paper, which discusses the 1996 omnibus federal terrorism bill, and other terror proposals. Topics include: scope of the terrorism problem; Britain's mistaken response to terror; use of the military in law enforcement; the Internet; militias; wiretapping; the FBI; and federalizing local crime.
Unconstitutional Incontestability?: The Intersection Of The Intellectual Property And Commerce Clauses Of The Constitution: Beyond A Critique Of Shakespeare Co. V. Silstar Corp., Malla Pollack
Malla Pollack
This article makes several assertions: (1) The Intellectual Property Clause of the Constitution, even read with the Commerce Clause, prevents Congress from giving authors or inventors exclusive rights unbounded by premeasured time limitations; (2) Because such limits exist, even incontestable trademarks must be subject to functionality challenges in order to prevent conflict with the Patent Clause; (3) The Intellectual Property Clause requires a similar challenge to prevent conflict with the Copyright Clause; (4) The states are also limited by either direct constitutional mandate or statutory preemption. Based on the first two assertions, this article argues that the Fourth Circuit's decision …
What's Wrong With Exploitation?, Justin Schwartz
What's Wrong With Exploitation?, Justin Schwartz
Justin Schwartz
Abstract: Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately …
Minnesota's Gulag: Involuntary Treatment For The “Politically Ill”, Peter Erlinder
Minnesota's Gulag: Involuntary Treatment For The “Politically Ill”, Peter Erlinder
C. Peter Erlinder
No abstract provided.
Privacy As An Aspect Of The First Amendment: The Place Of Privacy In A Society Dedicated To Individual Liberty, Steven J. Andre
Privacy As An Aspect Of The First Amendment: The Place Of Privacy In A Society Dedicated To Individual Liberty, Steven J. Andre
Steven J. Andre
Considers the significance of privacy in terms of its underlying significance for First Amendment values and the need for constitutional protection for intimate association.
Prohibiting Prosecutorial Vindictiveness While Protecting Prosecutorial Discretion: Toward A Principled Resolution Of A Due Process Dilemma, C. Peter Erlinder
Prohibiting Prosecutorial Vindictiveness While Protecting Prosecutorial Discretion: Toward A Principled Resolution Of A Due Process Dilemma, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Paying The Price For Vietnam: Post-Traumatic Stress Disorder And Criminal Conduct, Peter Erlinder
Paying The Price For Vietnam: Post-Traumatic Stress Disorder And Criminal Conduct, Peter Erlinder
C. Peter Erlinder
No abstract provided.
No Habeas Corpus For The Guilty, Michelle W. Ghetti
No Habeas Corpus For The Guilty, Michelle W. Ghetti
Michelle W. Ghetti
This article discusses whether habeas corpus relief should be provided to a defendant when there is no question as to his or her guilt.
Mens Rea, Due Process And The Supreme Court: Toward A Constitutional Doctrine Of Substantive Criminal Law, C. Peter Erlinder
Mens Rea, Due Process And The Supreme Court: Toward A Constitutional Doctrine Of Substantive Criminal Law, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
The Importance Of Being Earnest: Pleading And Maintaining A Class Action For The Purpose Of Binding Class Members, David G. Karro
The Importance Of Being Earnest: Pleading And Maintaining A Class Action For The Purpose Of Binding Class Members, David G. Karro
David G. Karro
This 1981 article contends, as its title suggests, that federal class actions should be brought only if class counsel believe they can represent the individual interests of the members of the class described in the complaint. After all, the mere filing of a class action complaint has legal consequences, and it is generally acknowledged that the members of even an alleged class have some right to rely on the class attorney to protect their interests. A certification order therefore does not create a class, but instead puts the court's imprimatur on class counsels’ representation that they can carry out rhw …
Doing Business With Government: Are Prospective Suppliers Entitled To Procedural Due Process?, C. Peter Erlinder
Doing Business With Government: Are Prospective Suppliers Entitled To Procedural Due Process?, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.