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Articles 1 - 9 of 9

Full-Text Articles in Law

The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss Dec 2005

The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss

William & Mary Bill of Rights Journal

This term the Supreme Court will confront the constitutionality of the Solomon Amendment, which mandates equal access for military recruiters at universities that accept federal funding. The Third Circuit previously held the statute unconstitutional. This Article argues that the Court should reverse and uphold the statute because the lower court failed to consider the cartelized nature of legal education and so assumed that law schools are "expressive associations" entitled to assert First Amendment claims; the court also failed to give proper deference to Congress's exercise of its Article I power to raise and support armies and over-valued law faculties' interest …


Comparative And Noncomparative Justice: Some Guidelines For Constitutional Adjudication, Raleigh Hannah Levine, Russell Pannier Oct 2005

Comparative And Noncomparative Justice: Some Guidelines For Constitutional Adjudication, Raleigh Hannah Levine, Russell Pannier

William & Mary Bill of Rights Journal

No abstract provided.


Semiotics Of The Scandalous And The Immoral And The Disparaging: Section 2(A) Trademark Law After Lawrence V. Texas, Llewellyn Joseph Gibbons Jul 2005

Semiotics Of The Scandalous And The Immoral And The Disparaging: Section 2(A) Trademark Law After Lawrence V. Texas, Llewellyn Joseph Gibbons

Marquette Intellectual Property Law Review

This article explores whether the holding in Lawrence v. Texas may be extended to trademark law. Under section 2(a), some symbols may not serve as trademarks because they may be scandalous, immoral, or disparaging, which is of particular interest to the Queer community. For some, arguably at least a substantial composite of the American people, the relevant test group for scandal or immorality, under section 2(a), the mere existence of queers constitute scandal and immorality and terms of pride and endearment with which they express their sexuality in concrete form are a further example of immorality. Under these circumstances, Lawrence …


Curioser And Curioser: Involuntary Medications And Incompetent Criminal Defendents After Sell V. United States, Dora W. Klein Feb 2005

Curioser And Curioser: Involuntary Medications And Incompetent Criminal Defendents After Sell V. United States, Dora W. Klein

William & Mary Bill of Rights Journal

No abstract provided.


The Flaws Of Rational Basis With Bite: Why The Supreme Court Should Acknowledge Its Application Of Heightened Scrutiny To Classifications Based On Sexual Orientation, Jeremy B. Smith Jan 2005

The Flaws Of Rational Basis With Bite: Why The Supreme Court Should Acknowledge Its Application Of Heightened Scrutiny To Classifications Based On Sexual Orientation, Jeremy B. Smith

Fordham Law Review

No abstract provided.


Protecting Gays From The Government’S Crosshairs: A Reevaluation Of The Ninth Circuit’S Treatment Of Gays Under The Federal Constitution’S Equal Protection Clause Following Lawrence V. Texas, Jeffrey M. Goldman Jan 2005

Protecting Gays From The Government’S Crosshairs: A Reevaluation Of The Ninth Circuit’S Treatment Of Gays Under The Federal Constitution’S Equal Protection Clause Following Lawrence V. Texas, Jeffrey M. Goldman

University of San Francisco Law Review

No abstract provided.


The Federal Marriage Amendment: To Protect The Sanctity Of Marriage Or Destroy Constitutional Democracy?, Joan Schaffner Jan 2005

The Federal Marriage Amendment: To Protect The Sanctity Of Marriage Or Destroy Constitutional Democracy?, Joan Schaffner

American University Law Review

No abstract provided.


Tying The Braid Of Second-Parent Adoptions—Where Due Process Meets Equal Protection, Christopher Colorado Jan 2005

Tying The Braid Of Second-Parent Adoptions—Where Due Process Meets Equal Protection, Christopher Colorado

Fordham Law Review

No abstract provided.


Judicial Notice: How Judicial Bias Impacts The Unequal Application Of Equal Protection Principles In Affirmative Action Cases, Victor Suthammanont Jan 2005

Judicial Notice: How Judicial Bias Impacts The Unequal Application Of Equal Protection Principles In Affirmative Action Cases, Victor Suthammanont

NYLS Law Review

No abstract provided.