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Full-Text Articles in Law

The Constitutionality Of Daca: Balancing The Rights Of Undocumented Individuals And Constitutional Considerations, Olivia Dixon Jan 2023

The Constitutionality Of Daca: Balancing The Rights Of Undocumented Individuals And Constitutional Considerations, Olivia Dixon

Saint Louis University Law Journal

No abstract provided.


Teaching Constitutional Law, Administrative Law, And Health Law As Presidential Administrations Change, Renée M. Landers Jan 2022

Teaching Constitutional Law, Administrative Law, And Health Law As Presidential Administrations Change, Renée M. Landers

Saint Louis University Law Journal

When elections bring about changes in the political party of the president, the shifts frequently involve a change in the philosophies that inform the approach to governing. In teaching constitutional law, administrative law, and health law, this author cautions students to consider the political content of agency actions underlying the judicial opinions studied. Examining the political and discretionary judgment government officials exercise may provide an explanation for the results or an analysis when the law does not seem to account for the agency action or court decision. This Article examines the opportunities available to an incoming administration to undo the …


Teaching Constitutional Law After The Trump Presidency, Joel K. Goldstein Jan 2022

Teaching Constitutional Law After The Trump Presidency, Joel K. Goldstein

Saint Louis University Law Journal

Teaching Constitutional Law will not, and should not, be the same after the presidency of Donald Trump. President Trump conducted his presidency in a manner which disregarded constitutional limits and assaulted basic constitutional principles. At the most conventional level for Constitutional Law courses, the Supreme Court generated new doctrinal responses to some of Trump’s presidential acts. Moreover, Trump’s presidency engaged non-judicial actors in considering how relatively obscure constitutional barriers operated, such as the Emoluments and Pardon Clauses, provisions regarding presidential inability and impeachment, and even segments of the Twelfth Amendment related to the role of the Senate president during the …


Constitutional Heresy?, Mark R. Killenbeck Jan 2018

Constitutional Heresy?, Mark R. Killenbeck

Saint Louis University Law Journal

No abstract provided.


The False Hope Of Missouri’S Amendment Nine And The Real Problems With Constitutional Protection Of Electronic Data And Communications From Government Intrusion, Joseph C. Welling Jan 2016

The False Hope Of Missouri’S Amendment Nine And The Real Problems With Constitutional Protection Of Electronic Data And Communications From Government Intrusion, Joseph C. Welling

Saint Louis University Law Journal

No abstract provided.


Youth’S Right To Counsel In The Missouri Juvenile Justice System: Is Their Constitutional Right Being Upheld?, Alyssa Calhoun Jan 2014

Youth’S Right To Counsel In The Missouri Juvenile Justice System: Is Their Constitutional Right Being Upheld?, Alyssa Calhoun

Saint Louis University Public Law Review

No abstract provided.


Constitutional Fracticality: Structure And Coherence In The Nation’S Supreme Law, Daniel M. Braun Jan 2013

Constitutional Fracticality: Structure And Coherence In The Nation’S Supreme Law, Daniel M. Braun

Saint Louis University Public Law Review

Yale mathematician, Benoît B. Mandelbrot, revolutionized the way in which we view and understand the natural world. Where earlier visionaries were only able to see mathematical “monsters,” Mandelbrot was able to discern nature’s geometric masterpiece. This dramatic breakthrough allowed him to identify and comprehend patterns and shapes that no one had previously understood and led him to develop the field of fractal geometry. Similar patterns, this article contends, are deeply embedded in the U.S. Constitution, and the metaphor of fractals, therefore, enables us to significantly bolster our understanding of the nation’s supreme law. This article, thus, develops the fractal theory …


Secularism, The Rule Of Law, And ‘Shari‘A Courts’: An Ethnographic Examination Of A Constitutional Controversy, Jeffrey A. Redding Jan 2013

Secularism, The Rule Of Law, And ‘Shari‘A Courts’: An Ethnographic Examination Of A Constitutional Controversy, Jeffrey A. Redding

Saint Louis University Law Journal

No abstract provided.


Constitutional Entitlements To And In Courts: Remedial Rights In An Age Of Egalitarianism: The Childress Lecture, Judith Resnik Jan 2012

Constitutional Entitlements To And In Courts: Remedial Rights In An Age Of Egalitarianism: The Childress Lecture, Judith Resnik

Saint Louis University Law Journal

No abstract provided.


The Theoretical Constitutional Shape (And Shaping) Of American National Security Law, Robert F. Blomquist Jan 2011

The Theoretical Constitutional Shape (And Shaping) Of American National Security Law, Robert F. Blomquist

Saint Louis University Public Law Review

In order to fathom the theoretical shape of the American national security constitutional system, and to appreciate how that system should be shaped in the future, it is vital to conceptualize the legal field of American national security law as the interaction of four constitutive dimensions. Initially the factual context involves two overarching general concerns: first, the maintenance of the Nation’s strategic advantage over challengers, competitors, and threats to America’s future; and second, the remarkable strategic responsibility of presidents of the United States to deftly shift from one serious, potentially catastrophic, crisis to the next. The second dimension is the …


Selling The Government Property Beneath A Religious Monument That Violates The Establishment Clause: Constitutional Remedy Or Infringement?, Jonathan R. Slabaugh Jan 2009

Selling The Government Property Beneath A Religious Monument That Violates The Establishment Clause: Constitutional Remedy Or Infringement?, Jonathan R. Slabaugh

Saint Louis University Public Law Review

No abstract provided.


“A Decent Respect To The Opinions Of [Human]Kind”: The Value Of A Comparative Perspective In Constitutional Adjudication, Ruth Bader Ginsburg Jan 2007

“A Decent Respect To The Opinions Of [Human]Kind”: The Value Of A Comparative Perspective In Constitutional Adjudication, Ruth Bader Ginsburg

Saint Louis University Public Law Review

No abstract provided.


Playing Hot Potato With Copa: The Supreme Court Defers Deciding Whether The Child Online Protection Act Is Constitutional Once Again, Anne S. Johnston Jan 2005

Playing Hot Potato With Copa: The Supreme Court Defers Deciding Whether The Child Online Protection Act Is Constitutional Once Again, Anne S. Johnston

Saint Louis University Public Law Review

No abstract provided.


Telling A Constitutional Story: Examples Of Constitutional Dialogue, Lisa A. Kloppenberg Jan 2005

Telling A Constitutional Story: Examples Of Constitutional Dialogue, Lisa A. Kloppenberg

Saint Louis University Law Journal

No abstract provided.


Constitutional Dialogue And The Civil Rights Act Of 1964, Joel K. Goldstein Jan 2005

Constitutional Dialogue And The Civil Rights Act Of 1964, Joel K. Goldstein

Saint Louis University Law Journal

No abstract provided.


Modeling Constitutional Doctrine, Mark D. Rosen Jan 2005

Modeling Constitutional Doctrine, Mark D. Rosen

Saint Louis University Law Journal

No abstract provided.


The Constitutional Structure And The Jurisprudence Of Justice Scalia, Bradford R. Clark May 2003

The Constitutional Structure And The Jurisprudence Of Justice Scalia, Bradford R. Clark

Saint Louis University Law Journal

No abstract provided.


Lofton V. Kearney: Discrimination Declared Constitutional In Florida, Carolyn S. Grigsby Jan 2002

Lofton V. Kearney: Discrimination Declared Constitutional In Florida, Carolyn S. Grigsby

Saint Louis University Public Law Review

No abstract provided.


Lex Americana: Constitutional Due Process And The Nuremberg Defendants, Jonathan A. Bush Mar 2001

Lex Americana: Constitutional Due Process And The Nuremberg Defendants, Jonathan A. Bush

Saint Louis University Law Journal

No abstract provided.


On The Costs Of Uniformity And The Prospects Of Dualism In Constitutional Criminal Procedure, Donald A. Dripps Mar 2001

On The Costs Of Uniformity And The Prospects Of Dualism In Constitutional Criminal Procedure, Donald A. Dripps

Saint Louis University Law Journal

No abstract provided.