Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (55)
- Supreme Court of the United States (12)
- Law and Society (10)
- Law and Politics (9)
- Legal History (9)
-
- Civil Rights and Discrimination (8)
- Election Law (8)
- First Amendment (8)
- Legislation (8)
- President/Executive Department (8)
- Social and Behavioral Sciences (8)
- Courts (6)
- Criminal Law (6)
- International Law (6)
- Jurisprudence (6)
- Criminal Procedure (5)
- Intellectual Property Law (5)
- Judges (5)
- Fourth Amendment (4)
- Public Law and Legal Theory (4)
- Civil Law (3)
- European Law (3)
- Law Enforcement and Corrections (3)
- Litigation (3)
- National Security Law (3)
- Public Affairs, Public Policy and Public Administration (3)
- Anthropology (2)
- Arts and Humanities (2)
- Education Law (2)
- Institution
-
- Selected Works (13)
- University of Richmond (7)
- Touro University Jacob D. Fuchsberg Law Center (6)
- Roger Williams University (5)
- Brooklyn Law School (4)
-
- University of Kentucky (4)
- University of Michigan Law School (4)
- University of Missouri School of Law (4)
- Loyola Marymount University and Loyola Law School (3)
- Maurer School of Law: Indiana University (3)
- Northwestern Pritzker School of Law (3)
- Boston University School of Law (2)
- Marquette University Law School (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Pennsylvania Carey Law School (2)
- University of Tennessee College of Law (2)
- Chapman University (1)
- Florida International University College of Law (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Loyola University Chicago, School of Law (1)
- Minnesota State University, Mankato (1)
- New York Law School (1)
- Singapore Management University (1)
- Texas A&M University School of Law (1)
- The University of Akron (1)
- The University of Southern Mississippi (1)
- University of Baltimore Law (1)
- University of Colorado Law School (1)
- University of Georgia School of Law (1)
- Publication
-
- Touro Law Review (6)
- University of Richmond Law Review (6)
- Brooklyn Journal of International Law (4)
- Law Faculty Scholarly Articles (4)
- Missouri Law Review (4)
-
- All Faculty Scholarship (3)
- Faculty Scholarship (3)
- Indiana Journal of Constitutional Design (3)
- Life of the Law School (1993- ) (3)
- Loyola of Los Angeles Law Review (3)
- Michigan Law Review (3)
- Northwestern University Law Review (3)
- Robert L Tsai (3)
- Scholarly Works (3)
- Articles (2)
- Howard M Wasserman (2)
- M. C. Mirow (2)
- Marquette Law Review (2)
- Alan E Garfield (1)
- Allison Connelly (1)
- Anthony J. Bellia (1)
- Articles & Chapters (1)
- ConLawNOW (1)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (1)
- Dissertations (1)
- Faculty Publications (1)
- Faculty Publications & Other Works (1)
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- Journal Articles (1)
- Journal of Intellectual Property Law (1)
- Publication Type
Articles 1 - 30 of 86
Full-Text Articles in Law
The Death Penalty And The Fifth Amendment, Joseph Blocher
The Death Penalty And The Fifth Amendment, Joseph Blocher
Northwestern University Law Review
Can the Supreme Court find unconstitutional something that the text of the Constitution “contemplates”? If the Bill of Rights mentions a punishment, does that make it a “permissible legislative choice” immune to independent constitutional challenges?
Recent developments have given new hope to those seeking constitutional abolition of the death penalty. But some supporters of the death penalty continue to argue, as they have since Furman v. Georgia, that the death penalty must be constitutional because the Fifth Amendment explicitly contemplates it. The appeal of this argument is obvious, but its strength is largely superficial, and is also mostly irrelevant to …
Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law
Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis
Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis
Indiana Journal of Constitutional Design
Is Ecuador’s adoption of Article 422 in the 2008 Constitution properly viewed as a “re-statification”1 of Investor State Dispute Settlement (ISDS)? And, since its implementation, has the constitutional article been effective in institutionally insulating Ecuador from the jurisdictional reach of international ISDS? This paper answers both questions in the negative—but qualifies such an outlook by balancing the drawbacks of Article 422 against its successes. Article 422’s provisions, strident in its attempt to create an alternative development vision, did not achieve all that the Constitution’s drafters had hoped. Nevertheless, in its limited effect of detaching Ecuador from certain ISDS fora, it …
Ulysses: A Mighty Hero In The Fight For Freedom Of Expression, Marc J. Randazza
Ulysses: A Mighty Hero In The Fight For Freedom Of Expression, Marc J. Randazza
University of Massachusetts Law Review
James Joyce’s Ulysses was a revolutionary novel, and this much is common knowledge. What is not common knowledge is how useful Ulysses was in pushing the boundaries of freedom of expression. This masterpiece of literature opened the door for modern American free speech jurisprudence, but in recent years has become more of an object of judicial scorn. This Article seeks to educate legal scholars as to the importance of the novel, and attempts to reverse the anti-intellectual spirit that runs through modern American jurisprudence, where the novel is now more used as an object of mockery, or as a negative …
Constitutional Borrowing, Robert L. Tsai
Constitutional Borrowing, Robert L. Tsai
Robert L Tsai
Borrowing from one domain to promote ideas in another domain is a staple of constitutional decisionmaking. Precedents, arguments, concepts, tropes, and heuristics all can be carried across doctrinal boundaries for purposes of persuasion. Yet the practice itself remains underanalyzed. This Article seeks to bring greater theoretical attention to the matter. It defines what constitutional borrowing is and what it is not, presents a typology that describes its common forms, undertakes a principled defense of borrowing, and identifies some of the risks involved. The authors' examples draw particular attention to places where legal mechanisms and ideas migrate between fields of law …
Democracy's Handmaid, Robert L. Tsai
Democracy's Handmaid, Robert L. Tsai
Robert L Tsai
Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, Tsai draws from the two disciplines to reach new insights about the democracy enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, he presents a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this …
John Brown's Constitution, Robert L. Tsai
John Brown's Constitution, Robert L. Tsai
Robert L Tsai
It will surprise many Americans to learn that before John Brown and his men briefly captured Harper’s Ferry, they authored and ratified a Provisional Constitution. This deliberative act built upon the achievements of the group to establish a Free Kansas, during which time Brown penned an analogue to the Declaration of Independence. These acts of writing, coupled with Brown’s trial tactics after his arrest, cast doubts on claims that the man was a lunatic or on a suicide mission. Instead, they suggest that John Brown aimed to be a radical statesman, one who turned to extreme tactics but nevertheless remained …
In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker
In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker
University of Richmond Law Review
No abstract provided.
War By Legislation: The Constitutionality Of Congressional Regulation Of Detentions In Armed Conflicts, Christopher M. Ford
War By Legislation: The Constitutionality Of Congressional Regulation Of Detentions In Armed Conflicts, Christopher M. Ford
Northwestern University Law Review
In this essay, Ford considers provisions of the 2016 National Defense Authorization Act (NDAA) which place restrictions on the disposition of detainees held in Guantánamo Bay. These provisions raise substantial separation of powers issues regarding the ability of Congress to restrict detention operations of the Executive. These restrictions, and similar restrictions found in earlier NDAAs, specifically implicate the Executive's powers in foreign affairs and as Commander in Chief. Ford concludes that, with the exception of a similar provision found in the 2013 NDAA, the restrictions are constitutional.
Constitutional Conundrums, Alan E. Garfield
Rlupia And The Limits Of Religious Institutionalism, Zachary A. Bray
Rlupia And The Limits Of Religious Institutionalism, Zachary A. Bray
Zachary Bray
What special protections, if any, should religious organizations receive from local land use controls? The Religious Land Use and Institutionalized Persons Act (“RLUIPA”)—a deeply flawed statute—has been a magnet for controversy since its passage in 2000. Yet until recently, RLUIPA has played little role in debates about “religious institutionalism,” a set of ideas that suggest religious institutions play a distinctive role in developing the framework for religious liberty and that they deserve comparably distinctive deference and protection. This is starting to change: RLUIPA’s magnetic affinity for controversy has begun to connect conflicts over religious land use with larger debates about …
A Guide To The Singapore Constitution (2nd Ed.), Smu Apolitical
A Guide To The Singapore Constitution (2nd Ed.), Smu Apolitical
Student Publications
This primer is an introductory guide to the Constitution, its history, the legal concepts associated with it (such as the separation of powers and constitutional supremacy) and so much more. With illustrations and diagrams to aid in understanding, it is designed for readers of all ages and from all walks of life. The Constitution is the supreme law of the land. It provides for, among other things, the 3 branches of the Singapore government (namely, the executive, the legislature and the judiciary) and secures our fundamental liberties. The provisions in the Constitution are applied in our daily lives, both directly …
Looking Ahead: October Term 2016, Glenn Harlan Reynolds
Looking Ahead: October Term 2016, Glenn Harlan Reynolds
Scholarly Works
This essay looks at leading cases set for the Supreme Court's next term, at some cases the Supreme Court chose not to hear, and at other events, such as a possible recusal by Justice Ginsburg in a disputed election case, that may set the agenda for the coming term. In addition, it looks at the diminished role of the United States Supreme Court as an appellate body in relation to the Courts of Appeal and the state courts.
A Plea For Constitutional Balance, Stephen M. Feldman
A Plea For Constitutional Balance, Stephen M. Feldman
Stephen M. Feldman
The Political Branches And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia
The Political Branches And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia
Anthony J. Bellia
In the late eighteenth and early nineteenth centuries, the U.S. Supreme Court went out of its way to follow background rules of the law of nations, particularly the law of state-state relations. As we have recently argued, the Court followed the law of nations because adherence to such law preserved the constitutional prerogatives of the political branches to conduct foreign relations and decide momentous questions of war and peace. Although we focused primarily on the extent to which the Constitution obligated courts to follow the law of nations in the early republic, the explanation we offered rested on an important, …
The Voice Of The People: Public Participation In The African Continent, Rafael Macia
The Voice Of The People: Public Participation In The African Continent, Rafael Macia
Indiana Journal of Constitutional Design
Public participation is becoming a more common characteristic of constitutional drafting processes around the world, and Africa has not been an exception in this regard. This paper seeks to survey several of the public participation processes undertaken in a number of African nations, in order to examine the methods followed and the effects produced by such processes. For that purpose, I have analyzed the constitutional drafting efforts in South Africa, Uganda, Eritrea, Zimbabwe, Rwanda, Kenya, and Egypt. These processes all show different circumstances and approaches, with variations in terms of their top-down or bottom-up nature, and, more importantly, in terms …
Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon
Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon
Indiana Journal of Constitutional Design
No abstract provided.
U.S. State Building And The Second Amendment, Darren Dale Gil
U.S. State Building And The Second Amendment, Darren Dale Gil
Dissertations
This dissertation used a comparative case study strategy employing a mixed methods thematic content analysis approach1 to explore U.S. government support for Second Amendment freedoms as compared to other freedoms in the U.S. Bill of Rights in American-led state-building projects in Cuba (1898-1901), Germany (1945-1949), and Iraq (2003-2005). The dissertation tested for Republican and Democratic political party support regarding Second Amendment freedoms in U.S. state-building projects. Findings from the three case studies showed that the American government did not support individual arms rights in its state-building efforts as it did with the other nine Bill of Rights freedoms. Findings …
Of Coups And The Constitution, Glenn Harlan Reynolds
Of Coups And The Constitution, Glenn Harlan Reynolds
Scholarly Works
Military coups d'etat are a relatively common means of government turnover in many countries, but not in the United States. This paper looks at a number of factors in the United States' Constitution and political culture that make military coups less likely, as well as at some changes in both that may reduce the degree of protection. It also offers some suggestions on how to ensure that America's coup-resistance remains strong.
Why You Can’T Count On Congress To Rein In A President Trump, Lori Cox Han
Why You Can’T Count On Congress To Rein In A President Trump, Lori Cox Han
Political Science Faculty Articles and Research
"Donald Trump has made many promises on the campaign trail about things he will fix (a broken immigration system), change (the way trade deals are negotiated), and build (a wall on the southern border) if elected president. Those who do not support Trump, regardless of political party, comfort themselves with the constitutional reminder that our government includes three co-equal branches designed to protect against the accumulation of too much power in too few hands. Those checks and balances aside, could President Trump accomplish any of his stated objectives through unilateral actions?"
A Sleeping Giant: §2 Of The Kentucky Constitution, Allison I. Connelly
A Sleeping Giant: §2 Of The Kentucky Constitution, Allison I. Connelly
Allison Connelly
In this newsletter article, Professor Connelly discusses Section 2 of the Kentucky Constitution which prohibits the exercise of arbitrary official power.
Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky
Law School Blogs
No abstract provided.
What Bankruptcy Law Can And Cannot Do For Puerto Rico, John A. E. Pottow
What Bankruptcy Law Can And Cannot Do For Puerto Rico, John A. E. Pottow
Articles
This article is based on a February 2016 keynote address given at the University of Puerto Rico Law Review Symposium “Public Debt and the Future of Puerto Rico.” Thus, much of it remains written in the first person, and so the reader may imagine the joy of being in the audience. (Citations and footnotes have been inserted before publication ‒ sidebars that no reasonable person would ever have inflicted upon a live audience, even one interested in bankruptcy law. Rhetorical accuracy thus yields to scholarly pedantics.) The analysis explains how bankruptcy law not only can but will be required to …
Slides: Drought In Federations: The Rio Grande, Adrian Oglesby
Slides: Drought In Federations: The Rio Grande, Adrian Oglesby
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Adrian Oglesby, Director, Utton Transboundary Resources Center, University of New Mexico School of Law
4 slides
The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews
The Vox Populi Of Copyright: A Tribute To Lyman Ray Patterson, Kenneth D. Crews
Journal of Intellectual Property Law
No abstract provided.
Are Non-Judicial Sales Unconstitutional? The Super-Priority Lien And Its Influence On State Foreclosure Statutes, Ryan Prsha
Missouri Law Review
Part II of this Note discusses the background necessary to understand the super-priority lien and its constitutional implications in regards to nonjudicial foreclosure. Part III reviews the recent developments that have given rise to this issue. Part IV discusses the ramifications of the manner in which the super-priority lien is being handled and how the court’s methodology could potentially affect the constitutionality of non-judicial foreclosure.
Truth Or Doubt? An Empirical Test Of Criminal Jury Instructions, Michael D. Cicchini, Lawrence T. White
Truth Or Doubt? An Empirical Test Of Criminal Jury Instructions, Michael D. Cicchini, Lawrence T. White
University of Richmond Law Review
Part I of this article briefly discusses the concept of proof beyond a reasonable doubt, along with its importance to individuals and society generally. Part II surveys some of the truth-related language used in multiple state and federal jurisdictions. It also examines the constitutional problems created by this language and discusses courts' inadequate responses to these problems.
Part III explains our controlled experiment, including our hypotheses, study design, and empirical findings. Part IV discusses these findings and their significance and argues that courts should immediately terminate their use of truth-based jury instructions so that our constitutional guarantees are fulfilled. Finally, …
The Constitutional Limits Of Client-Centered Decision Making, Todd A. Berger
The Constitutional Limits Of Client-Centered Decision Making, Todd A. Berger
University of Richmond Law Review
No abstract provided.
Trademark Trial And Appeal Board, Meet The Constitution, David S. Welkowitz
Trademark Trial And Appeal Board, Meet The Constitution, David S. Welkowitz
Fordham Intellectual Property, Media and Entertainment Law Journal
For many years, the Trademark Trial and Appeal Board has re-fused to address constitutional claims raised in the course of registration or cancellation proceedings. A recent example involves the Washington Redskins trademark, which is the subject of a cancellation proceeding now before a U.S. Court of Appeals. The Board’s refusal to address constitutional issues rests on the assumption that the Board lacks the authority to make constitutional decisions. That may seem odd, given the fact that the Board is an arm of the federal government, and its members are bound to uphold the Constitution. This Article examines the basis of …
Newsroom: Goldstein On Fossil Fuel Fraud Liability 04-12-2016, Edward Fitzpatrick, Roger Williams University School Of Law
Newsroom: Goldstein On Fossil Fuel Fraud Liability 04-12-2016, Edward Fitzpatrick, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.