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Articles 1 - 19 of 19
Full-Text Articles in Law
Understanding The Unoriginal: Indeterminant Originalism And Independent Interpretation Of The Alaska Constitution, Michael Schwaiger
Understanding The Unoriginal: Indeterminant Originalism And Independent Interpretation Of The Alaska Constitution, Michael Schwaiger
Alaska Law Review
No abstract provided.
Constitutional Law—First Amendment And Freedom Of Thought—Banishing Sex Offenders: Seventh Circuit Upholds Sex Offender's Ban From Public Parks After Thinking Obscene Thoughts About Children. Doe V. City Of Lafayette, 377 F.3d 757 (7th Cir. 2004)., Elizabeth Cloud
University of Arkansas at Little Rock Law Review
No abstract provided.
Europe's Darker Legacies; Notes On Mirror Reflections, The Constitution As Fetish, And Other Such Linkages Between The Past And The Future Darker Legacies Of Law In Europe; The Shadow Of National Socialism And Fascism Over Europe And Its Legal Traditions Edited, By Christian Joerges And Navraj Singh Ghaleigh (Eds); European Constitutionalism Beyond The State, By J. H. H. Weiler And Marlene Wind (Eds), Peer Zumbansen
Osgoode Hall Law Journal
No abstract provided.
Constitutional Law—The Fourth Amendment Challenge To Dna Sampling Of Arrestees Pursuant To The Justice For All Act Of 2004: A Proposed Modification To The Traditional Fourth Amendment Test Of Reasonableness, Kimberly A. Polanco
University of Arkansas at Little Rock Law Review
No abstract provided.
Play It Again, Uncle Sam, A. Wallace Tashima
Play It Again, Uncle Sam, A. Wallace Tashima
Law and Contemporary Problems
Tashima, currently a federal judge, relates his experience in a Japanese American internment camp at Poston AZ during WWII. The unjust internment was in part a failure of the federal courts to protect the constitutional rights of American citizens.
Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito
Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito
Law and Contemporary Problems
Saito draws parallels between the internment of Japanese Americans during WWII and the current actions being taken by the US government as it seeks out terrorists in the post-9/11 world. The action of unequal prosecution of citizens based on race has roots that extend far back in American history, and the unfair internment of citizens in the 20th century should not be considered an aberration of public policy.
The Constitution Glimpsed From Tule Lake, Patrick O. Gudridge
The Constitution Glimpsed From Tule Lake, Patrick O. Gudridge
Law and Contemporary Problems
Although Ex Parte Endo undid the wrongs that resulted from the US Supreme Court decision Korematsu v. United States, the Japanese Americans who faced internment during WWII cannot so easily put the past behind them. Gudridge examines the publication The Spoilage, which documents the political efforts of those inside the internment camp at Tule Lake, and relates them to Endo and Korematsu.
Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla
Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla
Duke Law Journal
No abstract provided.
Korematsu: A Mélange Of Military Imperatives, Eugene Gressman
Korematsu: A Mélange Of Military Imperatives, Eugene Gressman
Law and Contemporary Problems
No abstract provided.
Deciding In The Heat Of The Constitutional Moment Constitutional Meaning And Change In The Quebec Secession Reference, Jonathon W. Penney
Deciding In The Heat Of The Constitutional Moment Constitutional Meaning And Change In The Quebec Secession Reference, Jonathon W. Penney
Dalhousie Law Journal
The Quebec Secession Reference addressed divisive issues with far-reaching implications for the Canadian constitutional order. Recently, commentators have called for a less traditional and more systematic approach to understanding the decision, and its place in the broader scheme of Canadian constitutionalism. Accordingly, this paper challenges the predominant narrative concerning the Quebec Secession Reference, which is largely judge-centred and shows little regard for the important historical, political, and popular forces so crucial to understanding the decision. The challenge is mounted through the work of Yale constitutional scholar Bruce Ackerman and his theory of constitutional moments. This paper uses Ackerman's criteria of …
The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne’S Testimony, Neal Devins
The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne’S Testimony, Neal Devins
Duke Law Journal
No abstract provided.
“You Have Been In Afghanistan”: A Discourse On The Van Alstyne Method, Garrett Epps
“You Have Been In Afghanistan”: A Discourse On The Van Alstyne Method, Garrett Epps
Duke Law Journal
No abstract provided.
Note: The Earthquake That Will Move Sentencing Discretion Back To The Judiciary? Blakely V. Washington And Sentencing Guidelines In Minnesota, Matthew R. Kuhn
Note: The Earthquake That Will Move Sentencing Discretion Back To The Judiciary? Blakely V. Washington And Sentencing Guidelines In Minnesota, Matthew R. Kuhn
William Mitchell Law Review
This Note begins by briefly laying out the evolution of criminal sentencing over the past century. It then surveys judicial interpretation of defendants’ Constitutional rights as they relate to sentencing procedure, focusing on the Court’s recent invalidation of Washington state’s sentencing guidelines in Blakely v. Washington. The note will then examine possible reforms to Minnesota’s sentencing guidelines pursuant to the Court’s decision. It will conclude by advocating that, despite the recent spotlight on Kansas’s sentencing guidelines, Minnesota’s best response to Blakely is to return some sentencing discretion to the judiciary by implementing a system of voluntary guidelines.
Constitutional Conversations And New Religious Movements: A Comparative Case Study, Leigh H. Greenhaw, Michael H. Koby
Constitutional Conversations And New Religious Movements: A Comparative Case Study, Leigh H. Greenhaw, Michael H. Koby
Vanderbilt Journal of Transnational Law
Using the metaphor of a constitutional conversation to compare the treatment of a relatively new and unpopular religion by the legal systems of the United States, Russia, and Spain, this Article examines the methodology by which laws affecting religion are made and enforced. It uses as a case study the interaction of the Jehovah's Witnesses with the legal system of the United States, comparing it with more recent interactions in Russia and Spain. The Authors argue that while the experience in the United States was profoundly influenced by a common-law methodology, the experience in two civil-law countries, Russia and Spain, …
Caging Animal Advocates' Political Freedoms: The Unconstitutionality Of The Animal And Ecological Terrorism Act, Andrew N. Ireland Moore
Caging Animal Advocates' Political Freedoms: The Unconstitutionality Of The Animal And Ecological Terrorism Act, Andrew N. Ireland Moore
Animal Law Review
The animal advocacy movement is facing another obstacle, resulting from the creation of the Animal and Ecological Terrorism Act (AETA). The Act seeks to create harsh penalties including a Terrorist Registry for acts performed by the Animal Liberation Front (ALF) and ALF-type actors. In addition, the proposed legislation will affect animal advocates not involved with the ALF. However, the model legislation, as written, must pass Constitutional scrutiny. This paper argues that the proposed Animal and Ecological Terrorism Act is unconstitutional due to its infringement on the First Amendment, its overbreadth, and its vagueness.
Trumps, Inversions, Balancing, Presumptions, Institution Prompting And Interpretive Canons: New Ways For Adjudicating Conflicts Between Legal Norms, Carlos E. Gonzalez
Trumps, Inversions, Balancing, Presumptions, Institution Prompting And Interpretive Canons: New Ways For Adjudicating Conflicts Between Legal Norms, Carlos E. Gonzalez
Santa Clara Law Review
No abstract provided.
International Law Before The Supreme Court: A Mixed Record Of Recognition, Jordan J. Paust
International Law Before The Supreme Court: A Mixed Record Of Recognition, Jordan J. Paust
Santa Clara Law Review
No abstract provided.
Structural Conflicts In The Interpretation Of Customary International Law, Julian G. Ku
Structural Conflicts In The Interpretation Of Customary International Law, Julian G. Ku
Santa Clara Law Review
No abstract provided.
Constitutional Law—Fourth Amendment—Knock And Announce: The Ninth Circuit Knocks And The Supreme Court Announces A Re-Emphasis On The Case-By-Case Analysis.United States V. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli
Constitutional Law—Fourth Amendment—Knock And Announce: The Ninth Circuit Knocks And The Supreme Court Announces A Re-Emphasis On The Case-By-Case Analysis.United States V. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli
University of Arkansas at Little Rock Law Review
No abstract provided.