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Full-Text Articles in Law
Separation Of Santa And State Is Smart, Fair, Alan E. Garfield
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
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
Animal Cruelty Vs. Freedom Of Speech, Alan E. Garfield
Alan E Garfield
No abstract provided.
Using Activism Appropriately, Alan E. Garfield
Should Race Matter When Rectifying Past Errors?, Alan E. Garfield
Should Race Matter When Rectifying Past Errors?, Alan E. Garfield
Alan E Garfield
No abstract provided.
Foul Language And Free Speech, Alan E. Garfield
Korematsu: A Constitutional Calamity; Equal Protection Versus National Security, Kristopher W. Zinchiak
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
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
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 …