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Full-Text Articles in Law
Brief Of Amicus Curiae Francis Fukuyama In Support Of Respondents In No. 22-277 And Petitioners In No. 22-555, Margaret E. O'Grady
Brief Of Amicus Curiae Francis Fukuyama In Support Of Respondents In No. 22-277 And Petitioners In No. 22-555, Margaret E. O'Grady
Law Faculty Scholarship
The brief, in support of NetChoice, argues that the Texas and Florida “must carry” statutes violate the First Amendment in part because interoperability is a less restrictive means of achieving the goal of allowing diverse voices in the “town square” of the Internet.
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
Aligning Education Rights And Remedies, Joshua Weishart
Aligning Education Rights And Remedies, Joshua Weishart
Law Faculty Scholarship
Over the course of five decades and three waves of litigation, courts have approved remedies under the state constitutional right to education that demand more equitable and adequate funding of public schools. Scholars have urgently called for a 'fourth wave" of litigation seeking remedies beyond money: racial and socioeconomic integration, school choice, universal preschool, and teacher tenure reform, just to name a few. Desperate for progress and to escape the incessant rut of school funding battles, advocates have, in turn, initiated lawsuits seeking a broader range of remedies. If this strategy induces a fourth wave, advocates will encounter a beleaguered …
Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?, David L. Hudson Jr., Emily H. Harvey
Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?, David L. Hudson Jr., Emily H. Harvey
Law Faculty Scholarship
In the early 1960s, the Supreme Court of the United States adopted a high level of protection for religious liberty claims. The Court applied a version of strict scrutiny when evaluating governmental laws or regulations that burdened an individual's free exercise of religion. In 1990, the Supreme Court reversed decades of precedent and fundamentally changed the meaning and application of the Free Exercise Clause. In Employment Division v. Smith, the Court, in an opinion by Justice Antonin Scalia, determined that the Free Exercise Clause does not protect individuals from laws that donot target specific religious beliefs or practices. However, Justice …
Reconstituting The Right To Education, Joshua Weishart
Reconstituting The Right To Education, Joshua Weishart
Law Faculty Scholarship
Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it have not always appreciated its distinctive forms and function.
Deconstructed, the right to education held by children has been formulated doctrinally as both a …
Advising The President: The Growing Scope Of Executive Power To Protect America, Alberto R. Gonzales
Advising The President: The Growing Scope Of Executive Power To Protect America, Alberto R. Gonzales
Law Faculty Scholarship
The scope of power that the executive branch has to act independently of the other government branches in the national security arena is one of the most difficult questions to answer in constitutional law. Congress has passed a number of statutes empowering the President to take actions necessary to protect our national security, but on relatively few occasions has Congress authorized the President to use force through declarations of war. As Counsel to the President, my job was to work with Attorney General John Ashcroft and other senior lawyers in the Bush Administration to advise the President on the limits …
Black Armbands, 'Boobies' Bracelets And The Need To Protect Student Speech, David L. Hudson Jr.
Black Armbands, 'Boobies' Bracelets And The Need To Protect Student Speech, David L. Hudson Jr.
Law Faculty Scholarship
Discusses the precedential value of the Tinker v. Des Moines Independent School District decision in the current Boobies Bracelets debate.
Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman
Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman
Law Faculty Scholarship
Within American society, there is a general sense that changing the rules after the game has been played is unfair. While state legislatures more often enact prospective legislation, they nevertheless still regularly engage in retroactive civil lawmaking. In essence, state legislatures are changing the rules after the game has been played. Most Americans inaccurately assume such measures are unconstitutional under the federal constitution. Although several provisions of the United States Constitution offer potential sources of constitutional constraint upon retroactive civil lawmaking, ultimately, as they have been interpreted by the United States Supreme Court, these protections are extremely narrow, largely hollow, …
The Secondary-Effects Doctrine: Stripping Away First Amendment Freedoms, David L. Hudson Jr.
The Secondary-Effects Doctrine: Stripping Away First Amendment Freedoms, David L. Hudson Jr.
Law Faculty Scholarship
An essay on the secondary-effects doctrine and its threat to First Amendment.freedoms.
Pearson V. Callahan And Qualified Immunity: Impact On First Amendment Law, David L. Hudson Jr.
Pearson V. Callahan And Qualified Immunity: Impact On First Amendment Law, David L. Hudson Jr.
Law Faculty Scholarship
An essay on Pearson v. Callahan and its impact on First Amendment Law.
Circuit-Specific Application Of The Internal Revenue Code: An Unconstitutional Tax, Jeffrey S. Kinsler
Circuit-Specific Application Of The Internal Revenue Code: An Unconstitutional Tax, Jeffrey S. Kinsler
Law Faculty Scholarship
For all practical purposes, the Constitution prescribes only one limit on the federal government's power to tax: the Uniformity Clause, which requires that indirect taxes, such as income and excise taxes, be "uniform throughout the United States ... " It is exceedingly rare for a federal tax law to violate the Uniformity Clause. The Internal Revenue Code does not fix different taxes for different states, as Congress has carefully crafted the tax laws to avoid geographical distinctions. Unfortunately, the Internal Revenue Service ("IRS") has not always been so careful. In recent years, the IRS has adopted a practice of applying …
El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr.
El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr.
Law Faculty Scholarship
No abstract provided.
Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley
Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.
Trashing The Constitution: Judicial Activism, The Dormant Commerce Clause, And The Federalism Mantra, Patrick Mcginley
Trashing The Constitution: Judicial Activism, The Dormant Commerce Clause, And The Federalism Mantra, Patrick Mcginley
Law Faculty Scholarship
No abstract provided.
Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley
Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley
Law Faculty Scholarship
No abstract provided.
The Four Corners Requirement: A Constitutional Prerequisite To Search Warrant Validity, Patrick C. Mcginley
The Four Corners Requirement: A Constitutional Prerequisite To Search Warrant Validity, Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.
United States Of America V. Martin Linen Supply Company And Texas Sanitary Towel Supply Corporation, Patrick C. Mcginley
United States Of America V. Martin Linen Supply Company And Texas Sanitary Towel Supply Corporation, Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.