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Articles 1 - 9 of 9

Full-Text Articles in Law

Separation Of Santa And State Is Smart, Fair, Alan E. Garfield Dec 2009

Separation Of Santa And State Is Smart, Fair, Alan E. Garfield

Alan E Garfield

No abstract provided.


Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg Dec 2009

Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg

Karen H. Rothenberg

The use of DNA tests for identification has revolutionized court proceedings in criminal and paternity cases. Now, requests by litigants to admit or compel a second generation of genetic tests – tests to confirm or predict genetic diseases and conditions – threaten to affect judicial decision-making in many more contexts. Unlike DNA tests for identification, these second generation tests may provide highly personal health and behavioral information about individuals and their relatives and will pose new challenges for trial court judges. This article reports on an original empirical study of how judges analyze these requests and uses the study results …


Animal Cruelty Vs. Freedom Of Speech, Alan E. Garfield Oct 2009

Animal Cruelty Vs. Freedom Of Speech, Alan E. Garfield

Alan E Garfield

No abstract provided.


Using Activism Appropriately, Alan E. Garfield Oct 2009

Using Activism Appropriately, Alan E. Garfield

Alan E Garfield

No abstract provided.


Should Race Matter When Rectifying Past Errors?, Alan E. Garfield Jul 2009

Should Race Matter When Rectifying Past Errors?, Alan E. Garfield

Alan E Garfield

No abstract provided.


Foul Language And Free Speech, Alan E. Garfield May 2009

Foul Language And Free Speech, Alan E. Garfield

Alan E Garfield

No abstract provided.


Korematsu: A Constitutional Calamity; Equal Protection Versus National Security, Kristopher W. Zinchiak Apr 2009

Korematsu: A Constitutional Calamity; Equal Protection Versus National Security, Kristopher W. Zinchiak

Kristopher W Zinchiak

Fred Korematsu was a United States citizen of unquestioned loyalty who had the harsh misfortune of becoming the focal point of one of the darkest eras in our great nation’s illustrious constitutional law history. The core of this disaster arguably began with the fervent racism and xenophobic attitudes that our nation harbored against the Japanese throughout the middle of the 19th century. It was during this time period that many people considered those of Asian descent to be “savage” and “uncivilized,” perpetuating numerous occurrences of racial hostility and violence. This anti-Japanese, “yellow peril” mindset then proliferated exponentially on December 7, …


Luther Martin, Maryland And The Constitution, William L. Reynolds Apr 2009

Luther Martin, Maryland And The Constitution, William L. Reynolds

William L. Reynolds

Reviews the life and contributions of Maryland lawyer and scholar Luther Martin (1748-1826).


Proportionality Balancing And Global Constitutionalism, Jud Mathews, Alec Stone Sweet Dec 2008

Proportionality Balancing And Global Constitutionalism, Jud Mathews, Alec Stone Sweet

Jud Mathews

Over the past fifty years, proportionality balancing – an analytical procedure akin to strict scrutiny in the United States – has become a dominant technique of rights adjudication in the world. From German origins, proportionality analysis spread across Europe, into Commonwealth systems (Canada, New Zealand, South Africa), and Israel; it has also migrated to treaty-based regimes, including the European Union, the European Convention on Human Rights, and the World Trade Organization. Part II proposes a theory of why judges are attracted to the procedure, an account that blends strategic and normative elements. Parts III and IV provide a genealogy of …