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Articles 31 - 60 of 835
Full-Text Articles in Law
November 30, 2007: Huckabee On Hardball, Bruce Ledewitz
November 30, 2007: Huckabee On Hardball, Bruce Ledewitz
Hallowed Secularism
Huckabee on Hardball
November 28, 2007: Mike Huckabee's Chances, Bruce Ledewitz
November 28, 2007: Mike Huckabee's Chances, Bruce Ledewitz
Hallowed Secularism
Mike Huckabee's Chances
November 24, 2007: Hallowed Secularism And Thanksgiving 2007, Bruce Ledewitz
November 24, 2007: Hallowed Secularism And Thanksgiving 2007, Bruce Ledewitz
Hallowed Secularism
Hallowed Secularism and Thanksgiving 2007
November 21, 2007: Philip Pullman--Author Of Hallowed Secularism?, Bruce Ledewitz
November 21, 2007: Philip Pullman--Author Of Hallowed Secularism?, Bruce Ledewitz
Hallowed Secularism
Philip Pullman--Author of Hallowed Secularism?
Pro-Gun Scholars Twist Constitution, Kenneth Lasson
Pro-Gun Scholars Twist Constitution, Kenneth Lasson
All Faculty Scholarship
Earlier this year, the Court of Appeals for the District of Columbia became the first federal tribunal to strike down a local gun-control law, holding that the Founding Fathers would have allowed all private citizens to arm themselves.
November 19, 2007: Antony Flew Finds Religion, Bruce Ledewitz
November 19, 2007: Antony Flew Finds Religion, Bruce Ledewitz
Hallowed Secularism
Antony Flew Finds Religion
November 17, 2007: Prayers For Rain In Georgia, Bruce Ledewitz
November 17, 2007: Prayers For Rain In Georgia, Bruce Ledewitz
Hallowed Secularism
Prayers for Rain in Georgia
Petitioner's Observations (December 2007) For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Petitioner's Observations (December 2007) For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
November 15, 2007: American Religious Democracy In The News, Bruce Ledewitz
November 15, 2007: American Religious Democracy In The News, Bruce Ledewitz
Hallowed Secularism
American Religious Democracy in the News
Everything You Wanted To Know About Justice Scalia But Were Afraid To Ask, Or Don't Look Now But Justice Scalia's Originalism Approach Is Fatally Flawed, Arthur R. Landever
Everything You Wanted To Know About Justice Scalia But Were Afraid To Ask, Or Don't Look Now But Justice Scalia's Originalism Approach Is Fatally Flawed, Arthur R. Landever
Law Faculty Presentations and Testimony
I do not deny Justice Scalia's valiant efforts to vote based upon his originalist principles. But both a justice and an observer are well advised to understand the implications of the culture surrounding the Supreme Court. Originalism, in assuming present culture plays little part, and in seeking to operate in a closed universe, distorts the reality of judicial decision-making, and to that extent, risks unsound constitutional interpretations.
November 13, 2007: The Limits Of Charles Taylor's Categories In A Secular Age, Bruce Ledewitz
November 13, 2007: The Limits Of Charles Taylor's Categories In A Secular Age, Bruce Ledewitz
Hallowed Secularism
The Limits of Charles Taylor's Categories in A Secular Age
Medimmune, Inc. V. Genentech, Inc.: A Patent Licensee Does Not Need To Terminate Or Breach A License Agreement In Order To Challenge Its Validity Or Enforceability, C. Tyler Ohanian
Duke Journal of Constitutional Law & Public Policy Sidebar
MedImmune, Inc. v. Genentech, Inc. asks whether Article III's restriction on the jurisdiction of the federal courts only to "cases" and "controversies," as required by the "actual controversy" limitation of the Declaratory Judgment Act, necessitates that a patent licensee terminate or breach its license agreement before seeking a declaratory judgment to hold the underlying patent invalid, unenforceable, or not infringed. Breaking with the Court of Appeals for the Federal Circuit, the MedImmune majority clearly establishes a patent licensee's legal right to challenge the validity and enforceability of a patent without actually breaching or terminating the underlying licensing agreement for the …
Cunningham V. California, Christopher P. Raab
Cunningham V. California, Christopher P. Raab
Duke Journal of Constitutional Law & Public Policy Sidebar
In Cunningham v. California, the United States Supreme Court voted 6-3 to invalidate California's determinate sentencing law ("DSL") as violative of the Sixth and Fourteenth Amendments. The Court held that, notwithstanding the California Supreme Court's determination to the contrary, the DSL conflicted with prior Supreme Court precedent "by placing sentence-elevating factfinding within the judge's province," thereby "violat[ing] a defendant's right to trial by jury safeguarded by the Sixth and Fourteenth Amendments."
Carey V. Musladin: A Commentary On What Is Not Prejudicial, Christopher Donadio
Carey V. Musladin: A Commentary On What Is Not Prejudicial, Christopher Donadio
Duke Journal of Constitutional Law & Public Policy Sidebar
In a 9-0 decision, the United States Supreme Court refused to find that a California state court had acted "contrary to, or involved an unreasonable application of, clearly established Federal law," when that court found that it was not prejudicial for trial audience members to wear buttons with the image of the defendant's alleged murder victim. The Court relied upon the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), and its previous rulings in Estelle v. Williams and Holbrook v. Flynn, earlier cases that defined certain actions as prejudicial to a defendant in a court of law. The Court …
When Is Enough Too Much? The Broadcast Decency Enforcement Act Of 2005 And The Eighth Amendment’S Prohibition On Excessive Fines, Amy Kristin Sanders Esq.
When Is Enough Too Much? The Broadcast Decency Enforcement Act Of 2005 And The Eighth Amendment’S Prohibition On Excessive Fines, Amy Kristin Sanders Esq.
Duke Journal of Constitutional Law & Public Policy Sidebar
The next slip of the tongue or of the blouse will hit broadcasters where it hurts: their wallet. With the recent passage of the Broadcast Decency Enforcement Act of 2005 ("BDEA"), Congress raised potential fines ten-fold in an attempt to clean up the airwaves and prevent the televised snafus that have occurred with increasing frequency during the past five years. From the broadcast of a barely covered breast during the 2004 Super Bowl to the on-air announcement of a four-letter expletive on a prime-time awards show, indecent expression has attracted the attention of the general public, advocacy groups, the Federal …
Safeco Ins. Co. Of America V. Burr: Defining Notification Requirements And Willfulness Under The Fair Credit Reporting Act, Travis S. Souza
Safeco Ins. Co. Of America V. Burr: Defining Notification Requirements And Willfulness Under The Fair Credit Reporting Act, Travis S. Souza
Duke Journal of Constitutional Law & Public Policy Sidebar
In a recent decision, the United States Supreme Court resolved a critical dispute regarding the interpretation of the Fair Credit Reporting Act ("FCRA") and its notice requirement. In Safeco Ins. Co. of America v. Burr, the Court settled the definition of "willful" violation, a determination that will have enormous effects for insurance companies. Specifically, the Court held that willfulness not only includes knowing violations, but also includes a violation committed in reckless disregard of statutory obligations. While both of the insurance companies in Burr were technically victorious -- both were held not to have willfully violated the FCRA -- the …
Philip Morris Usa V. Williams: A Confusing Distinction, Sachin Bansal
Philip Morris Usa V. Williams: A Confusing Distinction, Sachin Bansal
Duke Journal of Constitutional Law & Public Policy Sidebar
In Philip Morris USA v. Williams, the United States Supreme Court held 5-4 that it is unconstitutional under the Due Process Clause of the Constitution for a jury to award punitive damages for harm caused to individuals other than the plaintiff. Thus, the Court concluded that, under the Constitution, a trial court could not levy punitive damages out of a desire to punish a company for injuries it inflicts upon others who are "essentially, strangers to the litigation." However, the Court confusingly drew a narrow and arguably contradictory distinction to justify its holding. Under Philip Morris USA, a jury may …
Scott V. Harris, Uchenna Evans
Scott V. Harris, Uchenna Evans
Duke Journal of Constitutional Law & Public Policy Sidebar
In an 8-1 decision, the Supreme Court reversed an 11th Circuit ruling denying qualified immunity to a police officer sued by a fleeing motorist who was rendered quadriplegic when his car was pushed over an embankment by the officer's vehicle. . The Court ruled that the officer did not violate the motorist's Fourth Amendment right to be free from unreasonable seizure and that the officer was entitled to summary judgment. Both the federal district court and the 11th Circuit had ruled in favor of the respondent, denying the officer's summary judgment motion based on qualified immunity after finding a Fourth …
United Haulers Ass’N V. Oneida-Herkimer Solid Waste Mgmt. Auth., Joshua J. Faber
United Haulers Ass’N V. Oneida-Herkimer Solid Waste Mgmt. Auth., Joshua J. Faber
Duke Journal of Constitutional Law & Public Policy Sidebar
The Supreme Court, in a 6-3 decision, upheld two counties' flow control ordinances that require trash haulers to deliver waste to government-owned processing facilities. The Court determined that the Commerce Clause is not violated by laws which favor state or local government entities but treat all private entities equal.
Jones V. Bock: New Clarity Under The Prison Litigation Reform Act, Squire Servance
Jones V. Bock: New Clarity Under The Prison Litigation Reform Act, Squire Servance
Duke Journal of Constitutional Law & Public Policy Sidebar
On January 22, 2007, the Supreme Court decided the consolidated cases of Jones v. Bock , Williams v. Overton , and Walton v. Bouchard , all of which were Sixth Circuit cases. In a unanimous decision, the Supreme Court provided clarity to what constitutes exhaustion of prison grievance procedures under the Prison Litigation Reform Act of 1995 (PLRA). The Court's decision also offers its view on the correct way to balance the burden between prisoner plaintiffs and the judiciary, which labors to process prisoner complaints. Broken into three discreet issues, the essential holding provides a small victory for prison litigants. …
Whorton V. Bockting And The Watershed Exception Of Teague V. Lane, Tadhg Dooley
Whorton V. Bockting And The Watershed Exception Of Teague V. Lane, Tadhg Dooley
Duke Journal of Constitutional Law & Public Policy Sidebar
In Whorton v. Bockting, the Supreme Court considered whether its rule from Crawford v. Washington, prohibiting the admission of testimonial hearsay statements without a prior opportunity for the defendant to cross-examine the declarant, should be applied retroactively to cases on collateral appeal under the standard set forth in Teague v. Lane. The determination rested on whether Crawford announced a "new rule" that should be applied retroactively by virtue of its being a "watershed rule of criminal procedure implicating the fundamental fairness and accuracy of the criminal proceeding." In a unanimous decision, the Court held that Crawford did announce a "new …
Planned Parenthood Federation Of America, Inc. V. Gonzales, Blake Mason
Planned Parenthood Federation Of America, Inc. V. Gonzales, Blake Mason
Duke Journal of Constitutional Law & Public Policy Sidebar
In one of the most pivotal cases of the Fall 2006 Term, the United States Supreme Court upheld the Partial-Birth Abortion Ban Act of 2003 by a vote of 5-4. The Court found the Act to be facially valid, despite the absence of an exception for cases in which an abortion is necessary to preserve the health of the mother, stating that the Act was not "void for vagueness" and that it did not impose "an undue burden on a woman's right to abortion based on its overbreadth or lack of a health exception." The case signaled a departure from …
Is Dick Cheney Unconstitutional?, Glenn Harlan Reynolds
Is Dick Cheney Unconstitutional?, Glenn Harlan Reynolds
NULR Online
No abstract provided.
Lawyers And Great Expectations In Pakistan, Shubhankar Dam
Lawyers And Great Expectations In Pakistan, Shubhankar Dam
Shubhankar Dam
No abstract provided.
November 10, 2007: What's Wrong With Charles Taylor, Bruce Ledewitz
November 10, 2007: What's Wrong With Charles Taylor, Bruce Ledewitz
Hallowed Secularism
What's Wrong with Charles Taylor
Don’T Tell, Don’T Ask: Narrow Tailoring After Grutter And Gratz, Ian Ayres, Sydney Foster
Don’T Tell, Don’T Ask: Narrow Tailoring After Grutter And Gratz, Ian Ayres, Sydney Foster
Ian Ayres
The Supreme Court’s affirmative action decisions in Grutter v. Bollinger and Gratz v. Bollinger changed the meaning of “narrow tailoring.” While the narrow tailoring requirement has always had multiple dimensions, a central meaning has been that the government must use the smallest racial preference needed to achieve its compelling interest. We might have expected, therefore, that if the Court were to uphold one of the two programs at issue in Grutter and Gratz, it would, all other things being equal, uphold the program with smaller racial preferences. We show, however, that the preferences in the admissions program upheld in Grutter …
November 8, 2007: Interview In Pittsburgh City Paper, Bruce Ledewitz
November 8, 2007: Interview In Pittsburgh City Paper, Bruce Ledewitz
Hallowed Secularism
Interview in Pittsburgh City Paper
Summary Of Douglas Disposal, Inc. V. Wee Haul, Llc, 123 Nev. Adv. Op. No. 51, Nevada Law Journal
Summary Of Douglas Disposal, Inc. V. Wee Haul, Llc, 123 Nev. Adv. Op. No. 51, Nevada Law Journal
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Nelson V. State, 123 Nev. Adv. Op. No. 50, Airene Haze
Summary Of Nelson V. State, 123 Nev. Adv. Op. No. 50, Airene Haze
Nevada Supreme Court Summaries
No abstract provided.