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Journal

2007

Constitutional law

Discipline
Institution
Publication

Articles 1 - 30 of 64

Full-Text Articles in Law

Latin American Competition Policy: From Nirvana Antitrust Policy To Reality-Based Institutional Competition Building, Ignacio De Leon Dec 2007

Latin American Competition Policy: From Nirvana Antitrust Policy To Reality-Based Institutional Competition Building, Ignacio De Leon

Chicago-Kent Law Review

The inception of antitrust policy in Latin America is marred with misconceptions about the role of this policy. The seemingly pro-competitive goals declared under the law collide with the pursuit of welfare efficiency goals that could impair the natural outcomes of unfettered market forces. This article argues that the inherent contradiction between the stated goals of antitrust policy and its practical effects ultimately rests on the lack of analytical relevance attached to the institutional milieu within which antitrust policy is to produce its effects. Institutional connections are necessary to convey relevant information across the system; without these, the market would …


Government As Liberty's Servant: The "Reasonable Time, Place, And Manner" Standard Of Review For All Government Restrictions On Liberty Interests, Michael Anthony Lawrence Nov 2007

Government As Liberty's Servant: The "Reasonable Time, Place, And Manner" Standard Of Review For All Government Restrictions On Liberty Interests, Michael Anthony Lawrence

Louisiana 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.


Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler Sep 2007

Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler

West Virginia Law Review

No abstract provided.


Life After The Establishment Clause, Steven G. Gey Sep 2007

Life After The Establishment Clause, Steven G. Gey

West Virginia Law Review

No abstract provided.


Instruments Of Accommodation: The Military Chaplaincy And The Constitution, Ira C. Lupu, Robert W. Tuttle Sep 2007

Instruments Of Accommodation: The Military Chaplaincy And The Constitution, Ira C. Lupu, Robert W. Tuttle

West Virginia Law Review

No abstract provided.


Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green Sep 2007

Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green

West Virginia Law Review

No abstract provided.


Substantive Neutrality Revisited, Douglas Laycock Sep 2007

Substantive Neutrality Revisited, Douglas Laycock

West Virginia Law Review

No abstract provided.


Establishment Clause Limits On Free Exercise Accommodations, Kent Greenawalt Sep 2007

Establishment Clause Limits On Free Exercise Accommodations, Kent Greenawalt

West Virginia Law Review

No abstract provided.


The Establishment Clause And Religious Expression In Government Settings: Four Variables In Search Of A Standard, Daniel O. Conkle Sep 2007

The Establishment Clause And Religious Expression In Government Settings: Four Variables In Search Of A Standard, Daniel O. Conkle

West Virginia Law Review

No abstract provided.


When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck Sep 2007

When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck

West Virginia Law Review

No abstract provided.


Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella Sep 2007

Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella

West Virginia Law Review

No abstract provided.


When Is The Use Of Foreign Law Possible? A Hard Case: The Protection Of Privacy In Europe And The United States, James Gordley Aug 2007

When Is The Use Of Foreign Law Possible? A Hard Case: The Protection Of Privacy In Europe And The United States, James Gordley

Louisiana Law Review

No abstract provided.


Military Values In Law, Diane H. Mazur May 2007

Military Values In Law, Diane H. Mazur

Duke Journal of Gender Law & Policy

Congress, for example, takes inappropriate advantage of the tremendous deference given by courts to its constitutional powers to raise and support Armies, to provide and maintain a Navy, and to make Rules for the Government and Regulation of the land and naval Forces.\n In a court-martial involving a military defendant and a civilian victim of sexual assault, application of the psychotherapist-patient privilege raises no difficult issues related to professional military values. When both the victim and the defendant are members of the military, however, the victim's assertion of privilege is at least potentially inconsistent with the victim's professional obligation to …


Constitutional Reform, Legal Consciousness, And Citizen Participation In Thailand, Frank Munger Apr 2007

Constitutional Reform, Legal Consciousness, And Citizen Participation In Thailand, Frank Munger

Cornell International Law Journal

No abstract provided.


Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl Apr 2007

Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl

Cornell Journal of Law and Public Policy

No abstract provided.


Defending The (Not So) Indefensible, Seth Barrett Tillman Apr 2007

Defending The (Not So) Indefensible, Seth Barrett Tillman

Cornell Journal of Law and Public Policy

No abstract provided.


South Carolina's Evolving Standards Of Decency: Capital Child Rape Statute Provides A Reminder That Societal Progression Continues Through Action, Not Idleness, Ashley M. Kearns Apr 2007

South Carolina's Evolving Standards Of Decency: Capital Child Rape Statute Provides A Reminder That Societal Progression Continues Through Action, Not Idleness, Ashley M. Kearns

South Carolina Law Review

No abstract provided.


The Fair Market Value Method Of Property Valuation In Eminent Domain: "Just Compensation" Or Just Barely Compensating?, Lucas J. Asper Apr 2007

The Fair Market Value Method Of Property Valuation In Eminent Domain: "Just Compensation" Or Just Barely Compensating?, Lucas J. Asper

South Carolina Law Review

No abstract provided.


Localism And The West Virginia Constitution, Robert M. Bastress Jr. Apr 2007

Localism And The West Virginia Constitution, Robert M. Bastress Jr.

West Virginia Law Review

No abstract provided.


Law's Religion: Rendering Culture, Benjamin L. Berger Apr 2007

Law's Religion: Rendering Culture, Benjamin L. Berger

Osgoode Hall Law Journal

This article argues that constitutional law's inability to deal with religion in a satisfying way flows, in part, from its failure to understand religion as, in a robust sense, culture. Once one begins to understand the Canadian constitutional rule of law itself as a cultural form, it becomes apparent that law renders religion in a very particular fashion, and that this rendering is a product of law's symbolic categories and interpretive horizons. This article draws out the elements of Canadian constitutionalism's unique rendering of religion and argues that, although Canadian constitutionalism claims to understand religion as a culture, this is …


The Geologic Strata Of The Law School Curriculum, Robert W. Gordon Mar 2007

The Geologic Strata Of The Law School Curriculum, Robert W. Gordon

Vanderbilt Law Review

The modest aim of this piece is to supply some historical background to the other contributions to this Symposium. The modern American law school curriculum is the product of a few but critical choices of design, some of them over a century old. In this Article, I seek to (1) outline how the basic structure and content of the modern American law school curriculum came into being and what were the main competitors that curriculum displaced; (2) describe some of the ways in which the curriculum's basic structure and content have changed since its inception; and (3) point to some …


The Supreme Court, Justinian, And Antonin Scalia: Twenty Years In Retrospect, Paul R. Baier Feb 2007

The Supreme Court, Justinian, And Antonin Scalia: Twenty Years In Retrospect, Paul R. Baier

Louisiana Law Review

No abstract provided.


Levinson And Constitutional Reform: Some Notes, Stephen M. Griffin Jan 2007

Levinson And Constitutional Reform: Some Notes, Stephen M. Griffin

Maryland Law Review

No abstract provided.


Geographic Representation And The U.S. Congress, Frances E. Lee Jan 2007

Geographic Representation And The U.S. Congress, Frances E. Lee

Maryland Law Review

No abstract provided.


Dismantling Roe Brick By Brick-The Unconstitutional Purpose Behind The Federal Partial-Birth Abortion Act Of 2003, Caroline Burnett Jan 2007

Dismantling Roe Brick By Brick-The Unconstitutional Purpose Behind The Federal Partial-Birth Abortion Act Of 2003, Caroline Burnett

University of San Francisco Law Review

This Note focuses on the purpose prong of the undue burden test and argues that the federal ban is unconstitutional because its only purpose is to impose an undue burden on a woman's right to seek an abortion.


Public Health And Constitutional Law: Recognizing The Relationship, Wendy E. Parmet Jan 2007

Public Health And Constitutional Law: Recognizing The Relationship, Wendy E. Parmet

Journal of Health Care Law and Policy

No abstract provided.


The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker Jan 2007

The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker

Hofstra Law Review

No abstract provided.


The Paradoxical Structure Of Constitutional Litigation, Pamela S. Karlan Jan 2007

The Paradoxical Structure Of Constitutional Litigation, Pamela S. Karlan

Fordham Law Review

No abstract provided.


From Kiev To Columbus: A Perspective On Judicial Independence, Thomas J. Moyer Jan 2007

From Kiev To Columbus: A Perspective On Judicial Independence, Thomas J. Moyer

Indiana Law Journal

Conference of Chief Justices and Conference of State Court Administrators Annual Meeting July 29-August 2, 2006 Indianapolis, Indiana.