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Articles 31 - 60 of 386
Full-Text Articles in Law
Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power
Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power
Garrett Power
No abstract provided.
Animal Cruelty Vs. Freedom Of Speech, Alan E. Garfield
Animal Cruelty Vs. Freedom Of Speech, Alan E. Garfield
Alan E Garfield
No abstract provided.
Needles And Notebooks: The Limits Of Requiring Immunization For School Attendance, Allan J. Jacobs
Needles And Notebooks: The Limits Of Requiring Immunization For School Attendance, Allan J. Jacobs
Allan J. Jacobs
The constitutional requirements for compulsory vaccination are analyzed in the context of the release of a vaccine against human papillomavirus, a virus associated with development of various kinds of cancer, requiring many years after infection for cancer to develop. Examination of the requirements of Jacobson v. Massachusetts suggests that proposed vaccination programs be subjected to a balancing test that considers the severity of the disease, the risks of the vaccine, the amount of overall clinical experience with the vaccine, and alternate methods of prevention. It is argued that there are further constraints if vaccination is to be a requirement for …
Two Dissents, Charles S. Doskow
Two Dissents, Charles S. Doskow
Charles S Doskow
This essay discusses individual dissents by two justices of the Supreme Court in cases decided at the close of the most recent term, and comments on the individual qualities that led each to make individual comments. The dissent of Justice David Souter in Osborne, in which the majority refused to find a constitutional right to post-conviction DNA testing, urged a moderate view with respect to the creation of new rights where technology has altered traditional fact patterns. Justice Clarence Thomas’s dissent in the voting rights case is striking, in that he alone on the Court would have held the 2006 …
Using Activism Appropriately, Alan E. Garfield
About Time: The Timeliness Of Habeas Corpus And An Exceptional Circumstance In Boumediene V. Bush, Benjamin J. Lozano
About Time: The Timeliness Of Habeas Corpus And An Exceptional Circumstance In Boumediene V. Bush, Benjamin J. Lozano
Benjamin J Lozano
In wartime states of emergency, the Supreme Court has historically held that a constitutional entitlement to habeas review is neither predicated on the length of detention nor the timeliness of due process, but rather is objective, concrete, and atemporal. The question of wartime habeas corpus has therefore always been an ontological question, exclusively determined by the corresponding categories of subject and space. However, this paper argues that a surreptitious shift in methodology buried inside the ostensible precedent of Boumediene v. Bush should not be overlooked, for the ruling signals the inaugural moment whereby the length and indefinite duration (i.e. the …
Section 5: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
La Incidencia De La Acción De Tutela En Las Políticas Públicas, Fernando Castillo Cadena
La Incidencia De La Acción De Tutela En Las Políticas Públicas, Fernando Castillo Cadena
Fernando Castillo Cadena
No abstract provided.
Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, Lloyd Hitoshi Mayer
Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, Lloyd Hitoshi Mayer
Lloyd Hitoshi Mayer
More than fifty years ago, Congress enacted a prohibition against political campaign intervention for all charities, including churches and other houses of worship, as a condition for receiving tax deductible contributions. Yet the IRS has never taken a house of worship to court for alleged violation of the prohibition through political comments from the pulpit, presumably at least in part because of concerns about the constitutionality of doing so. This decision is surprising, because a careful review of Free Exercise Clause case law – both before and after the landmark Employment Division v. Smith decision – reveals that the prohibition …
Our Schizoid Approach To The United States Constitution: Competing Narratives Of Constitutional Dynamism And Stasis, Sanford Levinson
Our Schizoid Approach To The United States Constitution: Competing Narratives Of Constitutional Dynamism And Stasis, Sanford Levinson
Indiana Law Journal
Jerome Hall Lecture at the Indiana University Maurer School of Law - Bloomington on October 3, 2008
The Height Of Sophistication: Law And Professionalism In The City-State Of Charleston, South Carolina, 1670-1775, William E. Nelson
The Height Of Sophistication: Law And Professionalism In The City-State Of Charleston, South Carolina, 1670-1775, William E. Nelson
South Carolina Law Review
No abstract provided.
Refuge From A Jurisprudence Of Doubt: Hohfeldian Analysis Of Constitutional Law, Allen Thomas O'Rourke
Refuge From A Jurisprudence Of Doubt: Hohfeldian Analysis Of Constitutional Law, Allen Thomas O'Rourke
South Carolina Law Review
No abstract provided.
Rethinking Women And The Constitution: An Historical Argument For Recognizing Constitutional Flexibility With Regards To Women In The New Republic, Samantha Ricci
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
A Step Too Far - Posthumously Conceived Children And Social Security Entitlements In Vernoff V Astrue, Mel Cousins
A Step Too Far - Posthumously Conceived Children And Social Security Entitlements In Vernoff V Astrue, Mel Cousins
Mel Cousins
This case note examines a recent decision of the Court of Appeals for the Ninth Circuit concerning the entitlements of posthumously conceived children under social security. In contrast to its earlier (expansionary) decision in Gillett-Netting, here the Court set out the limits to how far it is willing to push the interpretation of the (convoluted) legislation and refused to find a right to benefit where there was no evidence that the father had consented to (or even considered) having a child post-mortem.
Childhood Immunizations: Paralysis On Parental Rights, Demand On Taxpayer Dollars, Rena L. Holmes Jones
Childhood Immunizations: Paralysis On Parental Rights, Demand On Taxpayer Dollars, Rena L. Holmes Jones
Rena L Holmes Jones
The rise in the incidence of Autism Spectrum Disorder (ASD) is one of the most serious public health issues in recent years. The current statistics suggests that roughly one child out of every 150 has autism or an autistic-like disorder, compared to earlier estimates placing the rate at four or five children out of every 10,000. Autism is a condition that typically reveals itself within the first 0-4 years of life. The wide continuum of associated cognitive and neurobehavioral disorders have three core-defining features: impairments in socialization, impairments in verbal and nonverbal communication, and restricted and repetitive patterns of behaviors. …
Meade V. Dennistone: The Naacp's Test Case To "...Sue Jim Crow Out Of Maryland With The Fourteenth Amendment.", Garrett Power
Meade V. Dennistone: The Naacp's Test Case To "...Sue Jim Crow Out Of Maryland With The Fourteenth Amendment.", Garrett Power
Garrett Power
In 1936, Edmond D. Meade, an African-American pastor at Israel Baptist Church in Baltimore, contracted to purchase a home in an almost exclusively white block of Baltimore City. Meade’s purchase was followed by a suit by the white residents to block the use of the home by the new buyers. This work examines the legacy of Meade v. Dennistone, the effect of the decision on “free market forces” and concludes by considering the impact of the decision – and the community response – on the final judicial rejection of the “separate but equal” treatment of the races.
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2007, Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2007, Garrett Power
Garrett Power
Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2007) is electronically published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in Land Use Control and Environmental Law courses. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text consists of non-copyrighted material and professors and students are free to use it in whole or part. The author requests …
Has The Fourth Amendment Gone To The Dogs?: Unreasonable Expansion Of Canine Sniff Doctrine To Include Sniffs Of The Home, Leslie A. Lunney
Has The Fourth Amendment Gone To The Dogs?: Unreasonable Expansion Of Canine Sniff Doctrine To Include Sniffs Of The Home, Leslie A. Lunney
Leslie A Lunney
No abstract provided.
Peek-A-Boo I See You:The Constitution, Defamation Plaintiffs And Pseudonomous Internet Defendants, Charles S. Doskow
Peek-A-Boo I See You:The Constitution, Defamation Plaintiffs And Pseudonomous Internet Defendants, Charles S. Doskow
Charles S Doskow
Plaintiffs seeking to bring defamation actions arising out of anonymous or pseudononynous speech on the Internet must often seek court assistance in discovering the true identity of the speaker. Normally the website will not disclose the identities. The constitutional right to anonymous speech is often asserted in opposition to motions for disclosure. The courts have imposed varying requirements on plaintiffs seeking defendants’ identities, ranging from requiring simply a good faith pleading to showing sufficient facts to meet a summary judgment motion. A recent Maryland case adopts a balancing test. This article argues that plaintiffs should not be unduly hindered by …
Rules And Tools Of Nonprofit Lobbying, Sharon Wilson
Rules And Tools Of Nonprofit Lobbying, Sharon Wilson
Sharon Wilson
Abstract: This article focuses primarily on the federal tax law restrictions on lobbying and political campaign activities of 501( c)(3) organizations. A brief history of the restrictions on lobbying is followed by an instructional guide for nonprofit organizations and attorneys seeking to advise nonprofits about permissible conduct in this arena. Opportunities for greater political involvement through use of sec 501(h), sec 501©(4) and other strategies that have been deemed permissible by the Internal Revenue Service are explored. An examination of the IRS’s questionable annual examination process for nonprofits is explored.
Connecticut Yankee Speech In Europe’S Court: Alternative Vision Of Constitutional Defamation Law To New York Times V. Sullivan?, Allen E. Shoenberger
Connecticut Yankee Speech In Europe’S Court: Alternative Vision Of Constitutional Defamation Law To New York Times V. Sullivan?, Allen E. Shoenberger
Allen E Shoenberger
The article compares and contrasts the defamation law of the European Court of Human Rights(ECHR) with that of the United States, with particular reference to NY Times v. Sullivan. The NY Times actual malice standard not only over-protects speakers, it denies a name clearing hearing to the target of defamatory speech. This is of increasing importance as new media, such as the internet, make it so easy to communicate false, defamatory statements about anyone, including in particular elected officials and candidates. President Obama was first elected to the U.S. Senate because of a sex scandal that tainted his only serious …
The Employment Non-Discrimination Act: An Argument For H.R. 3685, Deborah L. Cook
The Employment Non-Discrimination Act: An Argument For H.R. 3685, Deborah L. Cook
Deborah L Cook
This article examines the language of H.R. 3685 and compares it to an earlier version of the Employment Non-Discrimination Act that was introduced in April of 2007 as H.R. 2015. Drawing upon arguments from both conservative and liberal perspectives challenging the Act, this article argues that the latest version of the Employment Non-Discrimination Act, proposed in September of 2007 as H.R. 3685, offers greater promise for protecting gay, lesbian and bisexual Americans from discrimination in the workplace. The revised Employment Non-Discrimination Act will act to ensure that individuals will be protected regardless of their sexual orientation by the same fundamental …
Has The Fourth Amendment Gone To The Dogs?: Unreasonable Expansion Of Canine Sniff Doctrine To Include Sniffs Of The Home, Leslie A. Lunney
Has The Fourth Amendment Gone To The Dogs?: Unreasonable Expansion Of Canine Sniff Doctrine To Include Sniffs Of The Home, Leslie A. Lunney
Leslie A Lunney
No abstract provided.
Betraying Truth: The Abuse Of Journalistic Ethics In Middle East Reporting, Kenneth Lasson
Betraying Truth: The Abuse Of Journalistic Ethics In Middle East Reporting, Kenneth Lasson
Kenneth Lasson
BETRAYING TRUTH: THE ABUSE OF JOURNALISTIC ETHICS IN MIDDLE EAST REPORTING By Kenneth Lasson Abstract In a world at once increasingly chaotic and historically interconnected, the news media have come to play unprecedented roles both in the virtually instantaneous recording of fast-moving events and in influencing the occurrence and evolution of those events themselves. The media, of course, are not beyond reproach. Freedom of the press does not mean immunity from criticism. Reputable journalists abide by standards which, though largely self-imposed, are presumed to be honestly applied. When these principles are abrogated, violators should be taken to task. Nowhere has …
Cases And Materials On Privatization, Alexander Volokh
Cases And Materials On Privatization, Alexander Volokh
Alexander Volokh
These are the materials for my course on privatization, and the draft for an eventual casebook.
Connecticut Yankee Speech In Europe’S Court: Alternative Vision Of Constitutional Defamation Law To New York Times V. Sullivan?, Allen E. Shoenberger
Connecticut Yankee Speech In Europe’S Court: Alternative Vision Of Constitutional Defamation Law To New York Times V. Sullivan?, Allen E. Shoenberger
Allen E Shoenberger
The article compares and contrasts the defamation law of the European Court of Human Rights(ECHR) with that of the United States, with particular reference to NY Times v. Sullivan. The NY Times actual malice standard not only over-protects speakers, it denies a name clearing hearing to the target of defamatory speech. This is of increasing importance as new media, such as the internet, make it so easy to communicate false, defamatory statements about anyone, including in particular elected officials and candidates. President Obama was first elected to the U.S. Senate because of a sex scandal that tainted his only serious …
The Future Of Local News Reporting, Alan E. Garfield
The Future Of Local News Reporting, Alan E. Garfield
Alan E Garfield
No abstract provided.
Has The Fourth Amendment Gone To The Dogs?: Unreasonable Expansion Of Canine Sniff Doctrine To Include Sniffs Of The Home, Leslie A. Lunney
Has The Fourth Amendment Gone To The Dogs?: Unreasonable Expansion Of Canine Sniff Doctrine To Include Sniffs Of The Home, Leslie A. Lunney
Leslie A Lunney
No abstract provided.
Has The Fourth Amendment Gone To The Dogs?: Unreasonable Expansion Of Canine Sniff Doctrine To Include Sniffs Of The Home, Leslie A. Lunney
Has The Fourth Amendment Gone To The Dogs?: Unreasonable Expansion Of Canine Sniff Doctrine To Include Sniffs Of The Home, Leslie A. Lunney
Leslie A Lunney
No abstract provided.
A Free Speech Right To Impugn Judicial Integrity In Court Proceedings, Margaret C. Tarkington
A Free Speech Right To Impugn Judicial Integrity In Court Proceedings, Margaret C. Tarkington
Margaret C Tarkington
Throughout the United States, state and federal courts discipline and sanction attorneys who make disparaging remarks about the judiciary and thereby impugn judicial integrity. In so doing, courts have almost universally rejected the constitutional standard established in New York Times v. Sullivan for punishing speech regarding government officials. While courts have imposed severe sanctions regardless of the forum where the speech has occurred, many of the cases involve speech made by attorneys in court proceedings. The existing scholarly literature generally supports the denial of First Amendment protection in such cases, indicating that attorney speech when made in court proceedings is …