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Articles 1 - 30 of 42
Full-Text Articles in Law
The Untouchable Executive Authority: Trump And The Section 232 Tariffs On Steel And Aluminum, Arim Jenny Kim
The Untouchable Executive Authority: Trump And The Section 232 Tariffs On Steel And Aluminum, Arim Jenny Kim
University of Miami Business Law Review
In 2018, President Trump championed his way through the imposition of the Section 232 Tariffs—a heavy tax on various imports, including steel and aluminum—by broadcasting a supposedly-imminent threat to the U.S. national security. This plea, however, has been criticized as a veil for President Trump’s economic protectionism policy. Meanwhile, others have questioned the constitutionality of the statute creating the President’s authority to impose these tariffs in the first place. This Comment explores the issues arising from President Trump’s Section 232 Tariffs on steel and aluminum: (1) the validity and justiciability of President Trump’s actions under Section 232 of the Trade …
Originalism And Same-Sex Marriage, Steven G. Calabresi, Hannah M. Begley
Originalism And Same-Sex Marriage, Steven G. Calabresi, Hannah M. Begley
University of Miami Law Review
This article examines the original meaning of the equality guarantee in American constitutional law. It looks are the seventeenth, eighteenth, and nineteenth century roots of the modern doctrine, and it concludes that the Fourteenth Amendment bans the Hindu Caste system, European feudalism, the Black Codes, the Jim Crow laws, and the common law's denial to women of equal civil rights to those held by men. It then considers the constitutionality of bans on same sex marriage from an Originalist perspective, and it concludes that State laws banning same sex marriage violate the Fourteenth Amendment.
Circumventing The Constitution For National Security: An Analysis Of The Evolution Of The Foreign Intelligence Exception To The Fourth Amendment’S Warrant Requirement, Sarah Fowler
University of Miami National Security & Armed Conflict Law Review
Though few are even aware of its existence, the foreign intelligence exception to the Fourth Amendment’s warrant requirement affects the lives of nearly every American. Recent leaks of top-‐secret National Security Administration documents depict how the government has morphed the exception into a massive catch all that allows intelligence agencies to perform invasive searches without a warrant and in complete disregard of the Constitution. The foreign intelligence exception began as a narrow tool to shield sensitive national security investigations, but its application has reached an alarming breadth.
This note explores the creation and expansion of the foreign intelligence exception, tracing …
Teaching Elements Of Election Law Beyond The Disciplinary Borders Of "Election Law", Frances R. Hill
Teaching Elements Of Election Law Beyond The Disciplinary Borders Of "Election Law", Frances R. Hill
Articles
No abstract provided.
Snyder V. Phelps: The Destruction Of The Equilibrium Between The Right To Free Speech And The Right To Protection From It, Stewart Berkeley
Snyder V. Phelps: The Destruction Of The Equilibrium Between The Right To Free Speech And The Right To Protection From It, Stewart Berkeley
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Snyder V. Phelps: Finding The Light At The End Of The Tort, Brendan Mackesey
Snyder V. Phelps: Finding The Light At The End Of The Tort, Brendan Mackesey
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Snyder V. Phelps: The Demise Of Constitutional Avoidance, Emily Horowitz
Snyder V. Phelps: The Demise Of Constitutional Avoidance, Emily Horowitz
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
Articles
No abstract provided.
Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes
Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes
Articles
No abstract provided.
Federal Forfeiture And Money Laundering: Undue Deference To Legal Fictions And The Canadian Crossroads, Max M. Nelson
Federal Forfeiture And Money Laundering: Undue Deference To Legal Fictions And The Canadian Crossroads, Max M. Nelson
University of Miami Inter-American Law Review
No abstract provided.
Obama's Moral Capitalism: Resuscitating The American Dream, Mitchell F. Crusto
Obama's Moral Capitalism: Resuscitating The American Dream, Mitchell F. Crusto
University of Miami Law Review
No abstract provided.
Article Ii: The Uses And Abuses Of Executive Power, Elizabeth M. Iglesias
Article Ii: The Uses And Abuses Of Executive Power, Elizabeth M. Iglesias
University of Miami Law Review
No abstract provided.
The Suspension Clause As A Structural Right, Stephen I. Vladeck
The Suspension Clause As A Structural Right, Stephen I. Vladeck
University of Miami Law Review
No abstract provided.
Emerging International Law Constraints On Constitutional Structure And Revision: A Preliminary Appraisal, Stephen J. Schnably
Emerging International Law Constraints On Constitutional Structure And Revision: A Preliminary Appraisal, Stephen J. Schnably
University of Miami Law Review
No abstract provided.
Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen
University of Miami Inter-American Law Review
No abstract provided.
A Hidden History Of Affirmative Obligation, Patrick O. Gudridge
A Hidden History Of Affirmative Obligation, Patrick O. Gudridge
Articles
No abstract provided.
Same-Sex Marriage, Indian Tribes, And The Constitution, Matthew L.M. Fletcher
Same-Sex Marriage, Indian Tribes, And The Constitution, Matthew L.M. Fletcher
University of Miami Law Review
No abstract provided.
Guns, Drugs, And. . . Federalism? - Gonzales V. Raich Enfeebles The Rehnquist Court's Lopez-Morrison Framework, David L. Luck
Guns, Drugs, And. . . Federalism? - Gonzales V. Raich Enfeebles The Rehnquist Court's Lopez-Morrison Framework, David L. Luck
University of Miami Law Review
No abstract provided.
Content-Based And Content-Neutral Regulation Of Speech: The Limitations Of A Common Distinction, R. George Wright
Content-Based And Content-Neutral Regulation Of Speech: The Limitations Of A Common Distinction, R. George Wright
University of Miami Law Review
No abstract provided.
The Anti-Emergency Constitution, Laurence H. Tribe, Patrick O. Gudridge
The Anti-Emergency Constitution, Laurence H. Tribe, Patrick O. Gudridge
Articles
No abstract provided.
Holistic Interpretation, Comparative Constitutionalism, And Fiss-Ian Freedoms, Vicki C. Jackson
Holistic Interpretation, Comparative Constitutionalism, And Fiss-Ian Freedoms, Vicki C. Jackson
University of Miami Law Review
No abstract provided.
School Privatization And Student Rights: A Comparison Of Canadian And American Law Regarding Searches And Seizures Conducted In Privatized Schools, David J. D'Agata
School Privatization And Student Rights: A Comparison Of Canadian And American Law Regarding Searches And Seizures Conducted In Privatized Schools, David J. D'Agata
University of Miami Inter-American Law Review
No abstract provided.
The Office Of The Oath, Patrick O. Gudridge
The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer
The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer
University of Miami Law Review
No abstract provided.
The Empty State And Nobody's Market: The Political Economy Of Non-Responsibility And The Judicial Disappearing Of The Civil Rights Movement, Kenneth M. Casebeer
The Empty State And Nobody's Market: The Political Economy Of Non-Responsibility And The Judicial Disappearing Of The Civil Rights Movement, Kenneth M. Casebeer
University of Miami Law Review
No abstract provided.
Taking Machismo To Court: The Gender Jurisprudence Of The Colombian Constitutional Court, Martha I. Morgan
Taking Machismo To Court: The Gender Jurisprudence Of The Colombian Constitutional Court, Martha I. Morgan
University of Miami Inter-American Law Review
No abstract provided.
The Constitutional Court: A Bulgarian Response To Obsolescent Law, David A. Levy
The Constitutional Court: A Bulgarian Response To Obsolescent Law, David A. Levy
University of Miami International and Comparative Law Review
No abstract provided.
Federalism In The Americas In Comparative Perspective, Keith S. Rosenn
Federalism In The Americas In Comparative Perspective, Keith S. Rosenn
University of Miami Inter-American Law Review
No abstract provided.
Florida Constitutional Theory (For Clifford Alloway), Patrick O. Gudridge
Florida Constitutional Theory (For Clifford Alloway), Patrick O. Gudridge
University of Miami Law Review
No abstract provided.
Remedying Underinclusive Entitlement Statutes: Lessons From A Contrast Of The Canadian And U.S. Doctrines, David M. Bizar
Remedying Underinclusive Entitlement Statutes: Lessons From A Contrast Of The Canadian And U.S. Doctrines, David M. Bizar
University of Miami Inter-American Law Review
No abstract provided.