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Articles 1 - 30 of 44
Full-Text Articles in Law
Excavating Constitutional Antecedents In Asia: An Essay On The Potential And Perils, Arun K. Thiruvengadam
Excavating Constitutional Antecedents In Asia: An Essay On The Potential And Perils, Arun K. Thiruvengadam
Chicago-Kent Law Review
This essay seeks to endorse Tom Ginsburg's call for studies that expand the relatively limited range of historically informed scholarship on constitutional law in Asia. Such a trend will no doubt also broaden the focus of the discipline of contemporary constitutional scholarship, which remains unjustifiably narrow and excludes many regions of the globe. While appreciating the virtues of Ginsburg's broader analysis, the essay also seeks to draw attention to the potential pitfalls of such historically-oriented inquiry. I emphasize the fact that in many Asian societies, contemporary constitutional practice marks radical departures from pre-existing traditions of law and constitutionalism. Drawing upon …
Constitutionalism And The Rule Of Law: Considering The Case For Antecedents, Rogers M. Smith
Constitutionalism And The Rule Of Law: Considering The Case For Antecedents, Rogers M. Smith
Chicago-Kent Law Review
Tom Ginsburg credibly establishes that East Asian legal traditions include elements that can be considered antecedents for perhaps the strongest form of the rule of law, constitutional restraints that apply even to sovereigns. Treating these precedents chiefly as anticipations of Western-style constitutionalism, however, may be historically misleading and may inhibit reflection on the desirability of practices that represent alternatives to Western conceptions of the rule of law.
The Thirteenth Amendment Won't Help Free Willy., Sheri Flannery
The Thirteenth Amendment Won't Help Free Willy., Sheri Flannery
The Scholar: St. Mary's Law Review on Race and Social Justice
Orcas are not afforded any relief under the Thirteenth Amendment. Animal rights advocates, namely People for the Ethical Treatment of Animals (PETA), alleged animals have the right to be free from slavery and involuntary servitude as guaranteed by the Thirteenth Amendment. Although the Thirteenth Amendment has been extended beyond African slavery, its protections have never been granted to anything other than human beings. The United States Supreme Court’s examination and interpretation of the Thirteenth Amendment concluded that animals are not afforded such protections under this amendment. The Court reasoned that the Thirteenth Amendment only applied to humans and not animals. …
Youngstown Sheet To Boumediene: A Story Of Judicial Ethos And The (Un)Fastidious Use Of Language, Laura A. Cisneros
Youngstown Sheet To Boumediene: A Story Of Judicial Ethos And The (Un)Fastidious Use Of Language, Laura A. Cisneros
West Virginia Law Review
No abstract provided.
The Right To Refuse Life Sustaining Medical Treatment And The Noncompetent Nonterminally Ill Patient: An Analysis Of Abridgment And Anarchy, Elizabeth Helene Adamson
The Right To Refuse Life Sustaining Medical Treatment And The Noncompetent Nonterminally Ill Patient: An Analysis Of Abridgment And Anarchy, Elizabeth Helene Adamson
Pepperdine Law Review
No abstract provided.
A First Amendment Right Of Access To A Juror's Identity: Toward A Fuller Understanding Of The Jury's Deliberative Process , Robert Lloyd Raskopf
A First Amendment Right Of Access To A Juror's Identity: Toward A Fuller Understanding Of The Jury's Deliberative Process , Robert Lloyd Raskopf
Pepperdine Law Review
No abstract provided.
National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson
Pepperdine Law Review
No abstract provided.
Book Review Of Remaking Customs: Law And Identity In The Early American Republic, By Ellen Holmes Pearson, Steven J. Macias
Book Review Of Remaking Customs: Law And Identity In The Early American Republic, By Ellen Holmes Pearson, Steven J. Macias
Journal of Legal Education
No abstract provided.
Teaching Prison Law, Sharon Dolovich
Book Review Of The Collapse Of American Criminal Justice, By William J. Stuntz, Andrea Roth
Book Review Of The Collapse Of American Criminal Justice, By William J. Stuntz, Andrea Roth
Journal of Legal Education
No abstract provided.
Effectuating Principles Of Federalism: Reevaulating The Federal Spending Power As The Great Tenth Amendment Loophole, Ryan C. Squire
Effectuating Principles Of Federalism: Reevaulating The Federal Spending Power As The Great Tenth Amendment Loophole, Ryan C. Squire
Pepperdine Law Review
No abstract provided.
The Original Meaning Of Civility: Democratic Deliberation At The Philadelphia Constitutional Convention, Derek A. Webb
The Original Meaning Of Civility: Democratic Deliberation At The Philadelphia Constitutional Convention, Derek A. Webb
South Carolina Law Review
No abstract provided.
The Myth Of Jus Tractatus In La Belle Province: Quebec's Gérin-Lajoie Statement, Stéphane Beaulac
The Myth Of Jus Tractatus In La Belle Province: Quebec's Gérin-Lajoie Statement, Stéphane Beaulac
Dalhousie Law Journal
There is much debate in Quebec challenging the traditional stance on jus tractatus," prevalent for nearly 100 years, to the effect that the federal government enjoys plenary power to enter into international treaties, whether the subject matter is federal or provincial. The paper argues that Quebec's Gdrin-Lajoie "doctrine" has become a myth over the years, liable to have a huge semiotic effect, creating the perception that there is an incontestably true legal basis for provincial treatymaking power After dwelling upon the ontological understanding of mythology, the author shows that the constitutional practice since the emancipation from Great Britain, as well …
Constitutional Cacophony: Federal Circuit Splits And The Fourth Amendment, Wayne A. Logan
Constitutional Cacophony: Federal Circuit Splits And The Fourth Amendment, Wayne A. Logan
Vanderbilt Law Review
Despite their many differences, Americans have long been bound by a shared sense of constitutional commonality. Federal constitutional rights, however, can and do often vary based on geographic location, and a chief source of this variation stems from an unexpected origin: the nation's federal circuit courts of appeals. While a rich literature exists on federal circuit splits in general, this Article provides the first empirical study of federal constitutional law circuit splits. Focusing on Fourth Amendment doctrine in particular, the Article highlights the existence of over three dozen current circuit splits, which result in the unequal allocation of liberty and …
Buck V. Bell: A Constitutional Tragedy From A Lost World, Victoria Nourse
Buck V. Bell: A Constitutional Tragedy From A Lost World, Victoria Nourse
Pepperdine Law Review
The article focuses on the U.S. Supreme Court case Buck v. Bell, which dealt with the forced sterilization of people deemed unfit, such as intellectually disabled or mentally retarded individuals. Topics include the enforceability of unconstitutional judicial decisions, eugenic sterilization, and the application of substantive due process.
A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald
A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald
Pepperdine Law Review
A response to the article "Plessy v. Ferguson and the Anti-Canon," by Akhil Amar, published in the November 2011 issue of the "Pepperdine Law Review," is presented. Topics include an examination of Justice Henry Billings Brown's decision in the case, the constitutionality of segregating U.S. citizens by race, and the impact of public opinion on U.S. Supreme Court decisions.
Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar
Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar
Pepperdine Law Review
The article focuses on the U.S. Supreme Court case Plessy v. Ferguson, which dealt with the constitutionality of racial segregation in the U.S. Topics include the application of precedent in controversial U.S. Supreme Court cases, when the U.S. Constitution can overrule a court decision, and dissenting judicial opinions.
Coming To Terms With Dred Scott: A Response To Daniel A. Farber, Paul Finkelman
Coming To Terms With Dred Scott: A Response To Daniel A. Farber, Paul Finkelman
Pepperdine Law Review
When thinking about Dred Scott, the issue is not how do we “rehabilitate” the opinion. The goal of scholarship here is to understand the opinion, place it in the context of its own time, and explain its enduring significance. After that, we may praise or damn it, and rehabilitate it or condemn it. No one today likes the Dred Scott opinion or the result. But, this article argues that Professor Daniel A. Farber is so incensed by the opinion that he vastly overstates its historical significance including incorrectly blaming Chief Justice Taney for causing the Civil War. This article rejects …
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
Nevada Law Journal
No abstract provided.
Swing Votes On The Current Supreme Court: The Joint Opinion In Casey And Its Progeny, R. Randall Kelso, Charles D. Kelso
Swing Votes On The Current Supreme Court: The Joint Opinion In Casey And Its Progeny, R. Randall Kelso, Charles D. Kelso
Pepperdine Law Review
No abstract provided.
Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal
Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal
Pepperdine Law Review
No abstract provided.
International Law As Part Of Our Law: A Constitutional Perspective , Michael D. Ramsey
International Law As Part Of Our Law: A Constitutional Perspective , Michael D. Ramsey
Pepperdine Law Review
No abstract provided.
Bringing Mindfulness Into The Classroom: A Personal Journey, Richard C. Reuben
Bringing Mindfulness Into The Classroom: A Personal Journey, Richard C. Reuben
Journal of Legal Education
No abstract provided.
Double-Clicking On Fourth Amendment Protection: Encryption Creates A Reasonable Expectation Of Privacy, Sean J. Edgett
Double-Clicking On Fourth Amendment Protection: Encryption Creates A Reasonable Expectation Of Privacy, Sean J. Edgett
Pepperdine Law Review
No abstract provided.
Conflicting Images Of Children In First Amendment Jurisprudence, David L. Tubbs
Conflicting Images Of Children In First Amendment Jurisprudence, David L. Tubbs
Pepperdine Law Review
No abstract provided.
Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle
Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle
Pepperdine Law Review
No abstract provided.
Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, Celia Rumann
Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, Celia Rumann
Pepperdine Law Review
No abstract provided.
National Report: Turkey, Başak Başoğlu, Candan Yasan
National Report: Turkey, Başak Başoğlu, Candan Yasan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Asbestos & The Sleeping Constitution, Griffin B. Bell
Asbestos & The Sleeping Constitution, Griffin B. Bell
Pepperdine Law Review
No abstract provided.
Undoing Historical Wrongs: Law And Indigeneity In India, Pooja Parmar
Undoing Historical Wrongs: Law And Indigeneity In India, Pooja Parmar
Osgoode Hall Law Journal
Beginning with a close look at a recent call by the Supreme Court of India to undo the historical injustices done to the "original inhabitants" of the country, this paper examines similar calls for justice made by Jaipal Singh Munda, the most vocal representative of Adivasis in the Constituent Assembly of India between December 1946 and January 1950, when both the possibilities and limitations of addressing past injustices were being written into the Constitution of India. While drawing attention to debates and disagreements over righting certain past wrongs that remain largely absent from historical accounts of the Constitution's drafting, this …