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Articles 1 - 11 of 11

Full-Text Articles in Law

School Naming Rights And The First Amendment’S Perfect Storm, Joseph Blocher Jan 2007

School Naming Rights And The First Amendment’S Perfect Storm, Joseph Blocher

Faculty Scholarship

In the past five years, public schools across the country have begun to explore a new avenue of fundraising: selling naming rights to school facilities. The popularity and monetary value of these sales, however, only highlight the importance of the First Amendment concerns they raise. This Article uses school naming rights as a lens through which to examine the conflicts between government speech, commercial speech, and forum analysis, three categories of First Amendment analysis that are simultaneously and problematically implicated by school naming rights sales. Courts and scholars have long noted the internal ambiguities within these three categories, but have ...


A System Of Wholesale Denial Of Rights, Michael E. Tigar Jan 2007

A System Of Wholesale Denial Of Rights, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky Jan 2007

Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Mandatory Constitutions, Paul D. Carrington Jan 2007

Mandatory Constitutions, Paul D. Carrington

Faculty Scholarship

No abstract provided.


A Constitutional Conundrum Of Second Amendment Commas: A Short Epistolary Report, William W. Van Alstyne Jan 2007

A Constitutional Conundrum Of Second Amendment Commas: A Short Epistolary Report, William W. Van Alstyne

Faculty Scholarship

Prompted by the court’s decision in Parker v. District of Columbia, this series of correspondence discusses the effect possible forms of punctuation may have on the Second Amendment. The article makes comments on the important grammars during the founding and also two possible writings of the Second Amendment that contain different sets of punctuation.


Introductory Remarks: The Relationship Of Law And Morality In Respect To Constitutional Law, William W. Van Alstyne Jan 2007

Introductory Remarks: The Relationship Of Law And Morality In Respect To Constitutional Law, William W. Van Alstyne

Faculty Scholarship

This article explores the consequences of a Constitution not entirely aligned with moral law. These remarks encourage all legal minds to acknowledge such gaps when they are found, although there are a variety of ways in which such acknowledgment may take shape.


The State-Created Danger Doctrine, Erwin Chemerinsky Jan 2007

The State-Created Danger Doctrine, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Constitution Outside The Constitution, Ernest A. Young Jan 2007

The Constitution Outside The Constitution, Ernest A. Young

Faculty Scholarship

Countries lacking a single canonical text define the “constitution” to include all laws that perform the constitutive functions of creating governmental institutions and conferring rights on individuals. The British Constitution, for example, includes a variety of constitutive statutes, such as the Magna Carta and the Parliament Acts. This Article proposes a thought experiment: what if we defined the U.S. Constitution by function, rather than by form? Viewed from this perspective, “the Constitution” would include not only the canonical document but also a variety of statutes, executive materials, and practices that structure our government. What these constitutive materials lack is ...


Rediscovering Brandeis’S Right To Privacy, Erwin Chemerinsky Jan 2007

Rediscovering Brandeis’S Right To Privacy, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Fifth Amendment And The Grand Jury, Sara Sun Beale, James E. Felman Jan 2007

The Fifth Amendment And The Grand Jury, Sara Sun Beale, James E. Felman

Faculty Scholarship

No abstract provided.


The Federal Judicial Power And The International Legal Order, Curtis A. Bradley Jan 2007

The Federal Judicial Power And The International Legal Order, Curtis A. Bradley

Faculty Scholarship

No abstract provided.