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Articles 1 - 30 of 41

Full-Text Articles in Law

Originalism And Same-Sex Marriage, Steven G. Calabresi, Hannah M. Begley May 2016

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 Apr 2014

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 ...


Teaching Elements Of Election Law Beyond The Disciplinary Borders Of "Election Law", Frances R. Hill Jan 2012

Teaching Elements Of Election Law Beyond The Disciplinary Borders Of "Election Law", Frances R. Hill

Articles

No abstract provided.


Snyder V. Phelps: Finding The Light At The End Of The Tort, Brendan Mackesey Jul 2011

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 Destruction Of The Equilibrium Between The Right To Free Speech And The Right To Protection From It, Stewart Berkeley Jul 2011

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: The Demise Of Constitutional Avoidance, Emily Horowitz Jul 2011

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 Jan 2011

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 Jan 2010

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 Oct 2009

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 Jul 2009

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Oct 2007

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 Jan 2007

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 Oct 2006

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 Oct 2006

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 Apr 2006

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 Jan 2004

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 Oct 2003

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 Apr 2003

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 Jan 2003

The Office Of The Oath, Patrick O. Gudridge

Articles

No abstract provided.


The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer Oct 2001

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 Jan 2000

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 Jan 1999

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 Jan 1995

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 Oct 1994

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 Apr 1994

Florida Constitutional Theory (For Clifford Alloway), Patrick O. Gudridge

University of Miami Law Review

No abstract provided.


Divergent Models Of Public Law In Latin America: A Historical And Prescriptive Analysis, Nicholas D.S. Brumm Oct 1992

Divergent Models Of Public Law In Latin America: A Historical And Prescriptive Analysis, Nicholas D.S. Brumm

University of Miami Inter-American Law Review

No abstract provided.


Remedying Underinclusive Entitlement Statutes: Lessons From A Contrast Of The Canadian And U.S. Doctrines, David M. Bizar Oct 1992

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.