Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Constitutional Law (26)
- United States Constitution 1st Amendment (17)
- Constitutional law (10)
- Freedom of Speech (10)
- Civil Rights (5)
-
- Constitutional History (5)
- Freedom of Religion (4)
- Supreme Court (4)
- United States Constitution 2nd Amendment (4)
- United States Constitution 4th Amendment (4)
- United States Supreme Court (4)
- Church and State (3)
- Demonstrations (3)
- Discrimination (3)
- Family law (3)
- First Amendment (3)
- Gun Laws (3)
- Law Enforcement (3)
- Right to bear arms (3)
- Same-Sex Marriage (3)
- Same-sex marriage (3)
- Searches and Seizures (3)
- 2nd Amendment (2)
- Abortion (2)
- Censorship (2)
- Confirmation (2)
- Criminal Procedure (2)
- Culture (2)
- Equal Protection (2)
- Executive Power (2)
Articles 1 - 30 of 101
Full-Text Articles in Law
The Role Of A Judge In An Electoral Autocracy, Aparna Chandra
The Role Of A Judge In An Electoral Autocracy, Aparna Chandra
Popular Media
In a year where 64 countries are holding elections, courts around the world must engage with a range of questions around electoral integrity and dysfunction, i.e., with the judicialization of electoral processes. How should democratically inclined judges respond to attempts by incumbent autocrats at leveraging laws to hold on to power?
Same-Sex Marriage Judgment Asks Queer Citizens To Wait For True Equality At A Future Time That May Never Arrive, Kunal Ambasta
Same-Sex Marriage Judgment Asks Queer Citizens To Wait For True Equality At A Future Time That May Never Arrive, Kunal Ambasta
Popular Media
Excerpt:
"For about the last 15 years, the queer rights movement has enriched the constitutional law of this country. Some of the most cherished constitutional values and rights have been fleshed out with the movement as its springboards at the Supreme Court.... The Court fully acknowledges, in abstract, the rights of queer couples to equal treatment before the law, dignity, and of the numerous tangible and intangible benefits of the institution of marriage, but refuses to ensure any of these rights to a clear case of legal discrimination or to craft a suitable remedy."
Marriage Equality Judgment: The Missing Case Of International Covenants, Nanditta Batra, Naveen Batra
Marriage Equality Judgment: The Missing Case Of International Covenants, Nanditta Batra, Naveen Batra
Popular Media
This article analyses the judgement on marriage equality delivered by a five-judge Constitution Bench of the Supreme Court of India on 17 October 2o23. The authors argue that, in holding that there is no fundamental right to marry under the Indian Constitution, the court has not taken into account binding international human rights treatises that categorically state the right to marry as a human right.
Justices Search For A Clear Rule For Confessions In Joint Trials, Jeffrey Bellin
Justices Search For A Clear Rule For Confessions In Joint Trials, Jeffrey Bellin
Popular Media
No abstract provided.
What Does The Alex Jones Case Mean For The First Amendment And Disinformation? Leading Scholars, Lawyers Provide Analysis, George Freeman, Lyrissa Barnett Lidsky, Lynn Oberlander, Timothy Zick
What Does The Alex Jones Case Mean For The First Amendment And Disinformation? Leading Scholars, Lawyers Provide Analysis, George Freeman, Lyrissa Barnett Lidsky, Lynn Oberlander, Timothy Zick
Popular Media
No abstract provided.
The Supreme Court Decisions On Guns And Abortion Relied Heavily On History. But Whose History?, Allison Orr Larsen
The Supreme Court Decisions On Guns And Abortion Relied Heavily On History. But Whose History?, Allison Orr Larsen
Popular Media
No abstract provided.
The Next Fight Over Guns In America, Timothy Zick, Diana Palmer
The Next Fight Over Guns In America, Timothy Zick, Diana Palmer
Popular Media
With Thursday’s Supreme Court decision [in New York State Rifle & Pistol Association Inc. v. Bruen], the only real remaining question is not whether Americans can carry firearms, but where.
Think State Supreme Courts Will Save Abortion Rights? Think Again., Neal Devins
Think State Supreme Courts Will Save Abortion Rights? Think Again., Neal Devins
Popular Media
No abstract provided.
The Second Amendment Has Become A Threat To The First, Diana Palmer, Timothy Zick
The Second Amendment Has Become A Threat To The First, Diana Palmer, Timothy Zick
Popular Media
No abstract provided.
Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures, Jeffrey Bellin
Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures, Jeffrey Bellin
Popular Media
No abstract provided.
Protesting In America, Timothy Zick
Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text And What Counts As A Fourth Amendment “Seizure”, Jeffrey Bellin
Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text And What Counts As A Fourth Amendment “Seizure”, Jeffrey Bellin
Popular Media
No abstract provided.
Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin
Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin
Popular Media
The Fourth Amendment prohibits unreasonable “searches” and “seizures.” On Wednesday, the Supreme Court is scheduled to hear oral argument in Torres v. Madrid, a case that will provide important guidance on what constitutes a Fourth Amendment seizure. Here’s a rundown of the case starting with the relevant facts and procedural history, followed by a discussion of the legal issues and finally a couple of things to watch for at the argument.
What The Lawyers Who Sue The Press Think Of The Press, And Media Law, Jonathan Peters
What The Lawyers Who Sue The Press Think Of The Press, And Media Law, Jonathan Peters
Popular Media
“HAVE A SCORE TO SETTLE WITH THE PRESS? Charles Harder, the media lawyer who ground Gawker.com to dust, is your man.”
That was the subhead of a GQ profile of Harder published in 2016, after he won a $140 million jury verdict for Hulk Hogan against Gawker (later settled for $31 million). The profile went on to say that Harder had established himself “as perhaps the greatest threat in the United States to journalists, the First Amendment, and the very notion of a free press.”
Whether or not that’s true, Harder has said it would be “awesome” if the Gawker …
Symposium: Liquidating Elector Discretion, Rebecca Green
Symposium: Liquidating Elector Discretion, Rebecca Green
Popular Media
No abstract provided.
Abortion Case May Not Overturn Roe, But Could Effectively Nullify It, A. Benjamin Spencer
Abortion Case May Not Overturn Roe, But Could Effectively Nullify It, A. Benjamin Spencer
Popular Media
No abstract provided.
Justices Make The Tough-- But Right-- Call In Cross-Border Shooting Case, A. Benjamin Spencer
Justices Make The Tough-- But Right-- Call In Cross-Border Shooting Case, A. Benjamin Spencer
Popular Media
No abstract provided.
The Constitutional Case For "Red Flag" Laws, Timothy Zick
The Constitutional Case For "Red Flag" Laws, Timothy Zick
Popular Media
No abstract provided.
Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl
Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Trust And Retaliation: The First Amendment And Trump’S Taxes, Timothy Zick
Trust And Retaliation: The First Amendment And Trump’S Taxes, Timothy Zick
Popular Media
No abstract provided.
The President’S Utterly Un-American Response To Dissent, Timothy Zick
The President’S Utterly Un-American Response To Dissent, Timothy Zick
Popular Media
No abstract provided.
Judge Kavanaugh, Chevron Deference, And The Supreme Court, Kent H. Barnett, Christina L. Boyd, Christopher J. Walker
Judge Kavanaugh, Chevron Deference, And The Supreme Court, Kent H. Barnett, Christina L. Boyd, Christopher J. Walker
Popular Media
How might a new U.S. Supreme Court Justice Brett Kavanaugh review federal agency statutory interpretations that come before him on the Court?
To find at least a preliminary answer, we can look to his judicial behavior while serving on the U.S. Court of Appeals for the D.C. Circuit—and there is plenty of relevant Kavanaugh judicial behavior to observe. Since starting his service on the D.C. Circuit in 2006, Judge Kavanaugh has participated in the disposition of around 2,700 cases and has authored more than 300 opinions. Over a third of those authored opinions involved administrative law.
President Trump: Challenging Core First Amendment Principles, Timothy Zick
President Trump: Challenging Core First Amendment Principles, Timothy Zick
Popular Media
No abstract provided.
The First Amendment, The Second Amendment, And 3d Firearms, Timothy Zick
The First Amendment, The Second Amendment, And 3d Firearms, Timothy Zick
Popular Media
No abstract provided.
Judge Kavanaugh And Freedom Of Expression, Timothy Zick
Judge Kavanaugh And Freedom Of Expression, Timothy Zick
Popular Media
No abstract provided.
Neil Gorsuch And The Return Of Rule-Of-Law Due Process, Nathan Chapman
Neil Gorsuch And The Return Of Rule-Of-Law Due Process, Nathan Chapman
Popular Media
Something curious happened at the Supreme Court last week. While the country was glued to the Cirque du Trump, the rule of law made a comeback, revived by Neil Gorsuch, whose place on the Court may prove to be one of Trump’s most important legacies.
Unlike the partisan gerrymander and First Amendment cases currently pending before the Court, immigration cases are usually long on textual analysis and short on grand themes. Accordingly, court-watchers didn’t have especially high expectations for Sessions v. Dimaya.
Waiting For Justice, Jeffrey Bellin
Waiting For Justice, Jeffrey Bellin
Popular Media
One man’s seven-year wait for a trial reveals the ways mandatory minimums distort our courts.
What Trump Misses About Free Speech, Timothy Zick
Why You Should Doubt Reports That The First Amendment Would Protect Gen. Flynn From Prosecution Under The Logan Act, Timothy Zick
Why You Should Doubt Reports That The First Amendment Would Protect Gen. Flynn From Prosecution Under The Logan Act, Timothy Zick
Popular Media
No abstract provided.
Don’T Expect The First Amendment To Protect The Media, Ronnell Anderson Jones, Sonja R. West
Don’T Expect The First Amendment To Protect The Media, Ronnell Anderson Jones, Sonja R. West
Popular Media
Op-ed in the New York Times about the limits on the protection of the press under the First Amendment.