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Articles 1 - 11 of 11
Full-Text Articles in Law
Anonymity In Cyberspace: Judicial And Legislative Regulations, Sophia Qasir
Anonymity In Cyberspace: Judicial And Legislative Regulations, Sophia Qasir
Fordham Law Review
Historically, the scope of constitutional protections for fundamental rights has evolved to keep pace with new social norms and new technology. Internet speech is on the rise. The First Amendment protects an individual’s right to speak anonymously, but to what extent does it protect a right to anonymous online speech? This question is difficult because the government must balance the fundamental nature of speech rights with the potential dangers associated with anonymous online speech, including defamation, invasion of privacy, and intentional infliction of emotional distress. While lower courts have held that there is a right to anonymous online speech, they …
Editors’ Foreword, Editors
The Presumption Of Constitutionality And The Individual Mandate, Gillian E. Metzger, Trevor W. Morrison
The Presumption Of Constitutionality And The Individual Mandate, Gillian E. Metzger, Trevor W. Morrison
Fordham Law Review
No abstract provided.
The Politics Of Obamacare: Health Care, Money, And Ideology, Richard Kirsch
The Politics Of Obamacare: Health Care, Money, And Ideology, Richard Kirsch
Fordham Law Review
No abstract provided.
Federalism From Federal Statutes: Health Reform, Medicaid, And The Old-Fashioned Federalists’ Gamble, Abbe R. Gluck
Federalism From Federal Statutes: Health Reform, Medicaid, And The Old-Fashioned Federalists’ Gamble, Abbe R. Gluck
Fordham Law Review
No abstract provided.
Night Of The Living Dead Hand: The Individual Mandate And The Zombie Constitution, Gary Lawson
Night Of The Living Dead Hand: The Individual Mandate And The Zombie Constitution, Gary Lawson
Fordham Law Review
No abstract provided.
The Public’S Constitutional Thinking And The Fate Of Health Care Reform: Ppaca As Case Study, Bruce G. Peabody, Peter J. Woolley
The Public’S Constitutional Thinking And The Fate Of Health Care Reform: Ppaca As Case Study, Bruce G. Peabody, Peter J. Woolley
Res Gestae
No abstract provided.
Popular Constitutional Values: The Links Between Public Opinion And The Supreme Court's 2011 Term, Peter J. Woolley, Bruce G. Peabody
Popular Constitutional Values: The Links Between Public Opinion And The Supreme Court's 2011 Term, Peter J. Woolley, Bruce G. Peabody
Res Gestae
No abstract provided.
Judicial Review For Enemy Fighters: The Court’S Fateful Turn In Ex Parte Quirin, The Nazi Saboteur Case, Andrew Kent
Judicial Review For Enemy Fighters: The Court’S Fateful Turn In Ex Parte Quirin, The Nazi Saboteur Case, Andrew Kent
Faculty Scholarship
The emerging conventional wisdom in the legal academy is that individual rights under the U.S. Constitution should be extended to noncitizens outside the United States. This claim - called globalism in my article - has been advanced with increasing vigor in recent years, most notably in response to legal positions taken by the Bush administration during the war on terror. Against a Global Constitution challenges the textual and historical grounds advanced to support the globalist conventional wisdom and demonstrates that they have remarkably little support. At the same time, the article adduces textual and historical evidence that noncitizens were among …
Religion And Theistic Faith: On Koppelman, Leiter, Secular Purpose, And Accomodations, Abner S. Greene
Religion And Theistic Faith: On Koppelman, Leiter, Secular Purpose, And Accomodations, Abner S. Greene
Faculty Scholarship
What makes religion distinctive, and how does answering that question help us answer questions regarding religious freedom in a liberal democracy? In their books on religion in the United States under our Constitution, Andrew Koppelman (DefendingAmerican Religious Neutrality) and Brian Leiter (Why Tolerate Religion?) offer sharply different answers to this set of questions. This review essay first explores why we might treat religion distinctively, suggesting that in our constitutional order, it makes sense to focus on theism (or any roughly similar analogue) as the hallmark of religious belief and practice. Neither Koppelman nor Leiter focuses on this, in part because …
A Fiduciary Theory Of Judging, Ethan J. Leib, David L. Ponet, Michael Serota
A Fiduciary Theory Of Judging, Ethan J. Leib, David L. Ponet, Michael Serota
Faculty Scholarship
For centuries, legal theorists and political philosophers have unsuccessfully sought a unified theory of judging able to account for the diverse, and oftentimes conflicting, responsibilities judges possess. This paper reveals how the law governing fiduciary relationships sheds new light on this age-old pursuit, and therefore, on the very nature of the judicial office itself. The paper first explores the routinely overlooked, yet deeply embedded historical provenance of our judges-as-fiduciaries framework in American political thought and in the framing of the U.S. Constitution. It then explains why a fiduciary theory of judging offers important insights into what it means to be …