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Articles 1 - 30 of 74
Full-Text Articles in Law
Is This A Christian Nation? An Introduction, Carl T. Bogus
Is This A Christian Nation? An Introduction, Carl T. Bogus
Law Faculty Scholarship
No abstract provided.
United States Supreme Court Survey: 2018 Term: Iancu V. Brunetti: Free Speech Meets "Immoral And Scandalous" Trademarks In The Supreme Court, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
The Role Of Deference In Adjudicating The Military Transgender Policy, Daca And The Census, Peter Margulies
The Role Of Deference In Adjudicating The Military Transgender Policy, Daca And The Census, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Hard, Simple Truth About Gun Control, Carl Bogus
The Hard, Simple Truth About Gun Control, Carl Bogus
Law Faculty Scholarship
No abstract provided.
The Travel Ban And Presidential Power, Peter Margulies
The Travel Ban And Presidential Power, Peter Margulies
Law Faculty Scholarship
No abstract provided.
U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan
U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan
Law Faculty Scholarship
No abstract provided.
U.S. Supreme Court Surveys: 2016 Term. Matal V. Tam: Free Speech Meets "Disparaging" Trademarks In The Supreme Court, Niki Kuckes
U.S. Supreme Court Surveys: 2016 Term. Matal V. Tam: Free Speech Meets "Disparaging" Trademarks In The Supreme Court, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Treason And Terror: A Toxic Brew, B. Mitchell Simpson Iii
Treason And Terror: A Toxic Brew, B. Mitchell Simpson Iii
Law Faculty Scholarship
No abstract provided.
Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies
Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Klan's Constitution, Jared Goldstein
The Klan's Constitution, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
United States Supreme Court Surveys: 2016 Term. Still Standing After All These Years: Five Decades Of Litigation Under The Fair Housing Act And The Supreme Court Still Can't Say For Sure Who Is Protected, David A. Logan
Law Faculty Scholarship
No abstract provided.
Searching For Federal Judicial Power: Article Iii And The Foreign Intelligence Surveillance Court, Peter Margulies
Searching For Federal Judicial Power: Article Iii And The Foreign Intelligence Surveillance Court, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Directv, Inc. V. Imburgia And The Continued Ascendance Of Federal Common Law: Class-Action Waivers And Mandatory Arbitration Under The Federal Arbitration Act, Michael Yelnosky
Directv, Inc. V. Imburgia And The Continued Ascendance Of Federal Common Law: Class-Action Waivers And Mandatory Arbitration Under The Federal Arbitration Act, Michael Yelnosky
Law Faculty Scholarship
No abstract provided.
Franchise Tax Board Of California V. Hyatt: A Split Court, Full Faith And Credit, And Federal Common Law, Jonathan M. Gutoff
Franchise Tax Board Of California V. Hyatt: A Split Court, Full Faith And Credit, And Federal Common Law, Jonathan M. Gutoff
Law Faculty Scholarship
No abstract provided.
Reauthorizing The Fisa Amendments Act: A Blueprint For Enhancing Privacy Protections And Preserving Foreign Intelligence Capabilities, Peter Margulies
Reauthorizing The Fisa Amendments Act: A Blueprint For Enhancing Privacy Protections And Preserving Foreign Intelligence Capabilities, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Justice At War: Military Tribunals And Article Iii, Peter Margulies
Justice At War: Military Tribunals And Article Iii, Peter Margulies
Law Faculty Scholarship
No abstract provided.
United States V. Castleman: The Meaning Of Domestic Violence, Emily J. Sack
United States V. Castleman: The Meaning Of Domestic Violence, Emily J. Sack
Law Faculty Scholarship
No abstract provided.
Dynamic Surveillance: Evolving Procedures In Metadata And Foreign Content Collection After Snowden, Peter Margulies
Dynamic Surveillance: Evolving Procedures In Metadata And Foreign Content Collection After Snowden, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Al Bahlul And Article Iii: A Reply To Marty And Steve, Peter Margulies, Peter Margulies
Al Bahlul And Article Iii: A Reply To Marty And Steve, Peter Margulies, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The American Liberty League And The Rise Of Constitutional Nationalism, Jared Goldstein
The American Liberty League And The Rise Of Constitutional Nationalism, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Jurisdiction And The Enforcement Of Foreign Judgments, Tanya Monestier
Jurisdiction And The Enforcement Of Foreign Judgments, Tanya Monestier
Law Faculty Scholarship
No abstract provided.
A Response To Steve Vladeck And Kevin Jon Heller, Peter Margulies
A Response To Steve Vladeck And Kevin Jon Heller, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Immigration Consequences To A Charge Of Simple Assault Or Battery, Deborah Gonzalez
Immigration Consequences To A Charge Of Simple Assault Or Battery, Deborah Gonzalez
Law Faculty Scholarship
No abstract provided.
Defining, Punishing, And Membership In The Community Of Nations: Material Support And Conspiracy Charges In Military Commissions, Peter Margulies
Defining, Punishing, And Membership In The Community Of Nations: Material Support And Conspiracy Charges In Military Commissions, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Methodology Of Comparative Law, Edward J. Eberle
The Methodology Of Comparative Law, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
The Architecture Of First Amendment Free Speech, Edward J. Eberle
The Architecture Of First Amendment Free Speech, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies
Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Tea Party Movement And The Perils Of Popular Originalism, Jared A. Goldstein
The Tea Party Movement And The Perils Of Popular Originalism, Jared A. Goldstein
Law Faculty Scholarship
The Tea Party movement presents something of a curiosity for constitutional theory because it combines originalist ideology and popular constitutionalist methods. Like minotaurs, werewolves, and other half-man, half-animal hybrids of myth and legend, the Tea Party's hybrid of originalism and popular constitutionalism serves to expose the limitations of both sources upon which it draws. Although originalists assert that interpreting the Constitution according to its original meaning would take politics out of constitutional law, the Tea Party movement shows that originalism also provides a powerful political rhetoric. Moreover, while popular constitutionalists assert that democracy would be advanced by empowering the people …
Can Popular Constitutionalism Survive The Tea Party Movement?, Jared Goldstein
Can Popular Constitutionalism Survive The Tea Party Movement?, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies
Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies
Law Faculty Scholarship
Liability in national security matters hinges on curbing both official myopia and hindsight bias. The Framers knew that officials could be short-sighted, prioritizing expedience over abiding values. Judicial review emerged as an antidote to myopia of this kind. However, the Framers recognized that ubiquitous second-guessing of government decisions would also breed instability. Balancing these conflicting impulses has produced judicial oscillation between intervention and deference. Recent decisions on Bivens claims in the war on terror have defined extremes of deference or intervention. Cases like Ashcroft v. Iqbal and Arar v. Ashcroft display a categorical deference that rewards officials' myopia. On the …