Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Maine School of Law (37)
- University of Pennsylvania Carey Law School (35)
- William & Mary Law School (35)
- Notre Dame Law School (31)
- UC Law SF (27)
-
- Maurer School of Law: Indiana University (25)
- Northwestern Pritzker School of Law (25)
- The University of Akron (24)
- American University Washington College of Law (20)
- Florida State University College of Law (20)
- Brooklyn Law School (17)
- Loyola Marymount University and Loyola Law School (16)
- Georgia State University College of Law (15)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (14)
- University of Oklahoma College of Law (14)
- University of San Diego (14)
- Washington and Lee University School of Law (14)
- Cornell University Law School (13)
- University of Michigan Law School (13)
- Universitas Indonesia (12)
- Fordham Law School (11)
- Pepperdine University (11)
- Roger Williams University (11)
- University of Kentucky (11)
- St. John's University School of Law (10)
- University of Richmond (10)
- Chicago-Kent College of Law (9)
- Pace University (9)
- Touro University Jacob D. Fuchsberg Law Center (9)
- University of Colorado Law School (8)
- Keyword
-
- Constitutional Law (33)
- Constitution (29)
- Constitutional law (28)
- Supreme Court (21)
- First Amendment (18)
-
- Future of the U.S. Constitution Symposium (12)
- Equal protection (10)
- Fourteenth Amendment (10)
- Free speech (10)
- Discrimination (9)
- Due process (9)
- Federalism (9)
- Sixth Amendment (9)
- Law Review (8)
- Lockett (8)
- Separation of powers (8)
- Social science (8)
- Supreme Court of the United States (8)
- United States Constitution 1st Amendment (8)
- Fifth amendment (7)
- Fourth Amendment (7)
- Fourth amendment (7)
- Self defense (7)
- Civil rights (6)
- Criminal law (6)
- Law (6)
- Race (6)
- Second Amendment (6)
- Sentencing (6)
- Constitutional (5)
- Publication
-
- Maine Law Review (37)
- University of Pennsylvania Journal of Constitutional Law (31)
- Notre Dame Law Review (27)
- UC Law Constitutional Quarterly (27)
- William & Mary Bill of Rights Journal (25)
-
- ConLawNOW (23)
- Northwestern University Law Review (20)
- Indiana Law Journal (19)
- Florida State University Journal of Land Use and Environmental Law (18)
- Georgia State University Law Review (15)
- Loyola of Los Angeles Law Review (14)
- Oklahoma Law Review (14)
- Brooklyn Law Review (13)
- San Diego Law Review (13)
- Nevada Law Journal (12)
- Kentucky Law Journal (11)
- Roger Williams University Law Review (11)
- Sustainable Development Law & Policy (11)
- Fordham Law Review (10)
- Jurnal Hukum & Pembangunan (10)
- University of Richmond Law Review (10)
- Washington and Lee Law Review Online (10)
- Chicago-Kent Law Review (9)
- Pepperdine Law Review (9)
- Touro Law Review (9)
- University of Colorado Law Review (8)
- William & Mary Law Review (8)
- Cornell Law Review (7)
- Michigan Law Review (7)
- Journal of Civil Rights and Economic Development (6)
Articles 1 - 30 of 641
Full-Text Articles in Law
C O N Stitu Tio N - T H E G U A R A N T E E Of T H E P R O T Ec T Io N Of H U M An R Ig H T S, Sh Qulmatov
C O N Stitu Tio N - T H E G U A R A N T E E Of T H E P R O T Ec T Io N Of H U M An R Ig H T S, Sh Qulmatov
ProAcademy
This article emphasizes that along with the fact that the Constitution of the Republic of Uzbekistan is the legal basis for the main tasks of ensuring independence, peace and stability in the country, the issue of protecting the rights and freedoms of citizens has become its substance. Laws, which have been adopted in accordance with the Basic Law, primarily aimed at improving the protection of the interests of individuals and citizens, as well as its guarantees. In addition, the latest reforms in the judicial and legal system as well as the issues of their implementation in law enforcement practice have …
Semantic Originalism, Moral Kinds, And The Meaning Of The Constitution, Ash Mcmurray
Semantic Originalism, Moral Kinds, And The Meaning Of The Constitution, Ash Mcmurray
BYU Law Review
No abstract provided.
Indonesia’S Upstream Petroleum Governance Reform: Which Model Is Constitutional Enough?, Afghania Dwiesta
Indonesia’S Upstream Petroleum Governance Reform: Which Model Is Constitutional Enough?, Afghania Dwiesta
Indonesia Law Review
The Indonesian Constitutional Court abruptly annulled provisions regarding the function of BP Migas as state representative in managing upstream oil and gas operations in Indonesia, declaring it unconstitutional. Apparently, the Court was convinced that exercising absolute state control over hydrocarbon operations would give the utmost benefit to the people. This research argues that in achieving such goals, a state must be able to create strong administrative infrastructure and regulatory regime capable of controlling and supervising hydrocarbon operations in accordance with both national and international oil fields. Using a comparative study method with secondary data collection, this research observes Norway’s, Mexico’s, …
Pengaruh Konstitusi Berketuhanan Dalam Praktik Ketatanegaraan (Perbandingan Antara Indonesia Dengan Berbagai Negara), Ghunarsa Sujatnika
Pengaruh Konstitusi Berketuhanan Dalam Praktik Ketatanegaraan (Perbandingan Antara Indonesia Dengan Berbagai Negara), Ghunarsa Sujatnika
Jurnal Hukum & Pembangunan
One debate that has been going on for a long time and has not yet been completed is related to the relationship between religion and the state. There are two general opinions on this matter, namely that which separates religion and state life and vice versa argues that religion is an integral part of the life of the state. One way to see how the relationship between God and religion and the state can be seen in the country's constitution, whether the constitution regulates "God" and religion or not. After that, it can be found how the influence of the …
Wacana Pemerintah Untuk Mereposisi Kelembagaan Inspektorat: Tindak Lanjut, Tanggapan, Serta Inisiasi Kedepan, Richo A. Wibowo, Mailinda E. Yuniza, Rizky S. Widyaningtyas, Hendry Julian Noor
Wacana Pemerintah Untuk Mereposisi Kelembagaan Inspektorat: Tindak Lanjut, Tanggapan, Serta Inisiasi Kedepan, Richo A. Wibowo, Mailinda E. Yuniza, Rizky S. Widyaningtyas, Hendry Julian Noor
Jurnal Hukum & Pembangunan
This research aims (i) to elaborate about a central government plan on repositioning the structure of inspectorate; (ii) to explain responses of some inspectorate officers regarding the plan; and (iii) to provide suggestions on the adjustment plan that should be taken into consideration by the central government. This research found that, different with the public perception, the plan is not intended to reposition all the inspectorates, rather to inspectorates attached to local governments. These inspectorates are designed to be what the-called ‘kuasi vertical institution’. Meaning, it has a mixed character of both central and local government institution. This initiation increases …
Perbedaan Penerapan Derivative Action Di Indonesia Sebagai Negara Civil Law Dibandingkan Dengan Negara-Negara Penganut Sistem Hukum Common Law (Studi Putusan Perdata Nomor 02/Pdt.G/2010/Pn.Jkt.Sel), Shofia Shobah
Jurnal Hukum & Pembangunan
The protection of minority shareholders within the company is one importance thing given the likelihood of their rights being violated by the actions of the board of directors. In the concept of the company, shareholders are passive parties who do not participate in the management of the company, thus causing the shareholders vulnerable to deviations. The rights of the company's shareholders are very important for the concept of Corporate Governance. Shareholders are not corporate organs because the company's organs are General Meeting of Shareholders (GMS). The Board of Directors may decide to run the company as long as it does …
August 2017 - August 2018 Case Law On American Indians, Thomas P. Schlosser
August 2017 - August 2018 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Rethinking The Federal Indian Status Test: A Look At The Supreme Court's Classification Of The Freedmen Of The Five Civilized Tribe Of Oklahoma, Clint Summers
American Indian Law Journal
No abstract provided.
The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai
The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai
American Indian Law Journal
No abstract provided.
The Tribal Franchise: An Expression Of Tribal Sovereignty And A Potential Solution To The Problem Of Mass Disenrollment, Brent Mulvaney
The Tribal Franchise: An Expression Of Tribal Sovereignty And A Potential Solution To The Problem Of Mass Disenrollment, Brent Mulvaney
American Indian Law Journal
No abstract provided.
Standing To Appeal At The Federal Circuit: Appellants, Appellees, And Intervenors, Matthew J. Dowd, Jonathan Stroud
Standing To Appeal At The Federal Circuit: Appellants, Appellees, And Intervenors, Matthew J. Dowd, Jonathan Stroud
Catholic University Law Review
The America Invents Act of 2011 created three administrative patent review regimes that have flooded the rechristened Patent Trial and Appeal Board with almost 7,000 new matters in just under five years. The flood of matters—primarily, inter partes reviews (IPRs)—has led to more than 1,000 appeals to the U.S. Court of Appeals for Federal Circuit from administrative proceedings, eclipsing any other forum of origin. With the flood of administrative appeals, questions of first instance on appellate standing have arisen, resulting in a handful of important panel decisions.
While the other regional Courts of Appeals have largely adopted legal tests, standards, …
A Constitutional Hope: An Alternative Approach To The Right Of Privacy And Marijuana Laws Using Argentina As An Example, Kevin E. Szmuc
A Constitutional Hope: An Alternative Approach To The Right Of Privacy And Marijuana Laws Using Argentina As An Example, Kevin E. Szmuc
University of Miami International and Comparative Law Review
No abstract provided.
The Rational Basis Test And Why It Is So Irrational: An Eighty-Year Retrospective, James M. Mcgoldrick Jr.
The Rational Basis Test And Why It Is So Irrational: An Eighty-Year Retrospective, James M. Mcgoldrick Jr.
San Diego Law Review
The Rational Basis test is one of the most common and yet perhaps the most insignificant United States Supreme Court test in the history of the constitution, yet year in year out clients and lawyers will submit another brief hoping against hope that this time there might be a meaningful outcome. There will not be.
This article attempts to explain why the rational basis test is so irrational in its outcome, why basic interests are disregarded in the name of judicial respect for the legislative process, and how easy it would be for there to be a better outcome. The …
Brackeen V. Zinke, Bradley E. Tinker
Brackeen V. Zinke, Bradley E. Tinker
Public Land & Resources Law Review
In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians’ …
The Superior Solution To The “Denominator Problem” — Comparing The Majority And Dissent’S Property Benchmark Tests In Murr V. Wisconsin With A Focus On Property Owners’ Reasonable Expectations, Rosemary K. Mcguirk
William & Mary Bill of Rights Journal
No abstract provided.
The Esquire Case: A Lost Free Speech Landmark, Samantha Barbas
The Esquire Case: A Lost Free Speech Landmark, Samantha Barbas
William & Mary Bill of Rights Journal
No abstract provided.
Other Lands And Other Skies: Birthright Citizenship And Self-Government In Unincorporated Territories, John Vlahoplus
Other Lands And Other Skies: Birthright Citizenship And Self-Government In Unincorporated Territories, John Vlahoplus
William & Mary Bill of Rights Journal
No abstract provided.
The Father Of Modern Constitutional Liberalism, John Lawrence Hill
The Father Of Modern Constitutional Liberalism, John Lawrence Hill
William & Mary Bill of Rights Journal
No abstract provided.
A Reparative Justice Approach To Assessing Ancestral Classifications Aimed At Colonization’S Harms, Susan K. Serrano
A Reparative Justice Approach To Assessing Ancestral Classifications Aimed At Colonization’S Harms, Susan K. Serrano
William & Mary Bill of Rights Journal
No abstract provided.
Who’S Your Sovereign?: The Standing Doctrine Of Parens Patriae & State Lawsuits Defending Sanctuary Policies, Lexi Zerrillo
Who’S Your Sovereign?: The Standing Doctrine Of Parens Patriae & State Lawsuits Defending Sanctuary Policies, Lexi Zerrillo
William & Mary Bill of Rights Journal
No abstract provided.
Education Reform And Detroit’S Right To Literacy Litigation, Kristine L. Bowman
Education Reform And Detroit’S Right To Literacy Litigation, Kristine L. Bowman
Washington and Lee Law Review Online
Ongoing education reform litigation arising out of Detroit, Michigan presents an innovative claim: Children have an unenumerated federal constitutional right of access to literacy. On June 29, 2018, the district court granted defendants’ motion to dismiss. The case is now on appeal to the Sixth Circuit and is expected to be argued in the first half of 2019. This litigation has already broken new ground and, regardless of the ultimate outcome, it is valuable because it invites us to revisit fundamental questions about rights, remedies, and the role of courts in education reform.
President Trump’S Unilateral Attempt To Cease All Implementation Of The Paris Agreement And To Withdraw From It: Constitutional?, Phillip M. Kannan
President Trump’S Unilateral Attempt To Cease All Implementation Of The Paris Agreement And To Withdraw From It: Constitutional?, Phillip M. Kannan
Pace Environmental Law Review
In his announcement, President Trump stated that he would comply with the withdrawal provision in the Paris Agreement. This Essay argues that, while compliance with that process may satisfy the treaty obligation, it probably does not conform to U.S. constitutional standards, and therefore, would not be binding on the United States. The argument demonstrating the failure of the President to satisfy constitutional standards proceeds as follows. Part I develops the context in which the Paris Agreement arose. Part II briefly summarizes the Paris Agreement. In Part III, I argue that President Trump’s attempt to cease implementation of the Paris Agreement …
The Future Of Freedom Of Expression Online, Evelyn Mary Aswad
The Future Of Freedom Of Expression Online, Evelyn Mary Aswad
Duke Law & Technology Review
Should social media companies ban Holocaust denial from their platforms? What about conspiracy theorists that spew hate? Does good corporate citizenship mean platforms should remove offensive speech or tolerate it? The content moderation rules that companies develop to govern speech on their platforms will have significant implications for the future of freedom of expression. Given that the prospects for compelling platforms to respect users’ free speech rights are bleak within the U.S. system, what can be done to protect this important right? In June 2018, the United Nations’ top expert for freedom of expression called on companies to align their …
State Ex Rel. Holmes V. Gainer: The Legislative Pay Raise And The Disappearing West Virginia Constitution, Matthew L. Clark
State Ex Rel. Holmes V. Gainer: The Legislative Pay Raise And The Disappearing West Virginia Constitution, Matthew L. Clark
West Virginia Law Review
No abstract provided.
“Liquidated Damages” In Guest Worker Contracts: Involuntary Servitude, Debt Peonage Or Valid Contract Clause?, Maria L. Ontiveros
“Liquidated Damages” In Guest Worker Contracts: Involuntary Servitude, Debt Peonage Or Valid Contract Clause?, Maria L. Ontiveros
Nevada Law Journal
No abstract provided.
Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar
Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar
Journal of Legislation
No abstract provided.
Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel
Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel
St. Mary's Journal on Legal Malpractice & Ethics
The Supreme Court’s May 2018 decision in McCoy v. Louisiana has been hailed as a decisive statement of the priority of the value of a criminal defendant’s autonomy over the fairness and reliability interests that also inform both the Sixth Amendment and the ethical obligations of defense counsel. It also appears to be a victory for the vision of client-centered representation and the humanistic value of the inherent dignity of the accused. However, the decision is susceptible to being read too broadly in ways that harm certain categories of defendants. This paper offers a couple of cautionary notes, in response …
Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres
Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres
Journal of Legislation
No abstract provided.
The Unconstitutionality Of The Protecting Access To Care Act Of 2017’S Cap On Noneconomic Damages In Medical Malpractice Cases, Kaeleigh P. Christie
The Unconstitutionality Of The Protecting Access To Care Act Of 2017’S Cap On Noneconomic Damages In Medical Malpractice Cases, Kaeleigh P. Christie
Journal of Legislation
No abstract provided.
Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels
Won't You Be My Neighbor: Meza-Rodriguez, The Second Amendment, And The Constitutional Rights Of Noncitizens, Blair E. Wessels
West Virginia Law Review
No abstract provided.