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Articles 1 - 22 of 22

Full-Text Articles in Law

Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims Dec 2001

Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Campbell V. Georgia: Mandatory Minimum Sentencing Survives Separation Of Power Attacks, Remaining A Viable Option For The Legislature In Its War On Crime, Brian D. Boreman Mar 2001

Campbell V. Georgia: Mandatory Minimum Sentencing Survives Separation Of Power Attacks, Remaining A Viable Option For The Legislature In Its War On Crime, Brian D. Boreman

Georgia State University Law Review

No abstract provided.


Employment Discrimination By Religious Institutions: Limiting The Sanctuary Of The Constitutional Ministerial Exception To Religion-Based Employment Decisions, Laura L. Coon Mar 2001

Employment Discrimination By Religious Institutions: Limiting The Sanctuary Of The Constitutional Ministerial Exception To Religion-Based Employment Decisions, Laura L. Coon

Vanderbilt Law Review

A religious organization enters a contract with a builder to construct a new facility and breaches the contract; a student at a private, religiously-affiliated school slips on a patch of ice and is seriously injured because of the school maintenance crew's negligence. The builder and the student are aggrieved by the actions of the respective religious institutions. Consequently, they seek to re- solve their disputes through the judicial system, as would any other individual with a potential legal claim. Although the adjudicative process would involve church and state, the First Amendment Religion Clauses would not likely be implicated, because the …


Beyond Campaign Finance: The First Amendment Implications Of Nixon V. Shrink Missouri Goverment Pac, Christina E. Wells Jan 2001

Beyond Campaign Finance: The First Amendment Implications Of Nixon V. Shrink Missouri Goverment Pac, Christina E. Wells

Missouri Law Review

Part I of this Essay discusses legal background, focusing first on the Court's decision in Buckley and then on the Shrink litigation. Part II itemizes Shrink's flaws, ultimately concludng that those flaws cannot be attributed solely to Buckley. Finally, Part III examines the Court's standards of scrutiny in First Amendment cases and argues that Shrink results at least in part from flaws found in those standards.


Leach Keynote Address, James A. Leach Jan 2001

Leach Keynote Address, James A. Leach

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Clean Air Act And The Constitution, Lisa Heinzerling Jan 2001

The Clean Air Act And The Constitution, Lisa Heinzerling

Saint Louis University Public Law Review

On February 27, 2001, the Supreme Court unanimously upheld the Clean Air Act against a constitutional challenge based on the nondelegation doctrine. The Court held that the Act provided the requisite “intelligible principle” for assignments of authority to the executive, and it also held that the D.C. Circuit had erred in allowing an administrative agency to decide the scope of its own authority under what that court had held was an impermissibly broad assignment of authority. This article was written before the Supreme Court issued its decision.


Virtue And The Constitution Of The United States, John Finnis Jan 2001

Virtue And The Constitution Of The United States, John Finnis

Fordham Law Review

No abstract provided.


Government Speech On Unsettled Issues, Abner S. Greene Jan 2001

Government Speech On Unsettled Issues, Abner S. Greene

Fordham Law Review

No abstract provided.


Thin Constitutions And The Good Society, Lawrence G. Sager Jan 2001

Thin Constitutions And The Good Society, Lawrence G. Sager

Fordham Law Review

No abstract provided.


Towards A Progressive Politics And A Progressive Constitution, Mary Becker Jan 2001

Towards A Progressive Politics And A Progressive Constitution, Mary Becker

Fordham Law Review

No abstract provided.


Civic Virtue And The Limits Of Constitutionalism, Christopher L. Eisgruber Jan 2001

Civic Virtue And The Limits Of Constitutionalism, Christopher L. Eisgruber

Fordham Law Review

No abstract provided.


Professor Eisgruber, The Constitution, And The Good Society, Sotirios A. Barber Jan 2001

Professor Eisgruber, The Constitution, And The Good Society, Sotirios A. Barber

Fordham Law Review

No abstract provided.


Compelling Collaboration With Evil--A Comment On Crosby V. National Foreign Trade Council, Sanford Levinson Jan 2001

Compelling Collaboration With Evil--A Comment On Crosby V. National Foreign Trade Council, Sanford Levinson

Fordham Law Review

No abstract provided.


"Public Citizens" And The Constitution: Bridging The Gap Between Popular Sovereignty And Original Intent, Robert W. Scheef Jan 2001

"Public Citizens" And The Constitution: Bridging The Gap Between Popular Sovereignty And Original Intent, Robert W. Scheef

Fordham Law Review

I sincerely congratulate the citizens of America upon the fair prospect which now presents itself to their view; and promises a long reign of virtue, happiness, and glory, as the result of a constitution which is the real vox populi so often ardently desired by mankind, in vain, for the first time, discovered by the patriotic sages of America.


On The Road Again: How Much Mileage Is Left On The Privileges Or Immunities Clause And How Far Will It Travel?, Nicole I. Hyland Jan 2001

On The Road Again: How Much Mileage Is Left On The Privileges Or Immunities Clause And How Far Will It Travel?, Nicole I. Hyland

Fordham Law Review

No abstract provided.


A Further Comment On Robert P. George's "Natural Law", James E. Fleming Jan 2001

A Further Comment On Robert P. George's "Natural Law", James E. Fleming

Fordham Law Review

No abstract provided.


The Impenetrable Constitution And Status Quo Morality, Charles A. Kelbley Jan 2001

The Impenetrable Constitution And Status Quo Morality, Charles A. Kelbley

Fordham Law Review

No abstract provided.


Natural Law And The Constitution Revisited, Robert P. George Jan 2001

Natural Law And The Constitution Revisited, Robert P. George

Fordham Law Review

No abstract provided.


The Constitution, Civic Virtue, And Civil Society: Social Capital As Substantive Morality, Stephen Macedo Jan 2001

The Constitution, Civic Virtue, And Civil Society: Social Capital As Substantive Morality, Stephen Macedo

Fordham Law Review

No abstract provided.


The Constitutional Theory Of The Commercial Republic, Stephen L. Elkin Jan 2001

The Constitutional Theory Of The Commercial Republic, Stephen L. Elkin

Fordham Law Review

No abstract provided.


Constitution-Talk And Justice-Talk, Mark Tushnet Jan 2001

Constitution-Talk And Justice-Talk, Mark Tushnet

Fordham Law Review

No abstract provided.


Good Society, Commerce, And The Rehnquist Court, Michael C. Dorf Jan 2001

Good Society, Commerce, And The Rehnquist Court, Michael C. Dorf

Fordham Law Review

No abstract provided.