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Full-Text Articles in Law
Challenging Political Boundaries In Post-Conflict States, Angela M. Banks
Challenging Political Boundaries In Post-Conflict States, Angela M. Banks
Faculty Publications
No abstract provided.
Envisioning The Constitution, Thomas P. Crocker
Envisioning The Constitution, Thomas P. Crocker
Faculty Publications
If one of the more persistent problems of constitutional interpretation, particularly of the Bill of Rights, is that we lack a clear view of it, then it would appear that how we see the Constitution is as important as how we read it. What clauses we see as connected in order to form comprehensive values, such as federalism or rights protections, are not so much products of constitutional interpretation as constitutional vision. To obtain a view of the Constitution, we have to do more than derive semantic meaning from diverse articles and clauses. To have a vision of the Constitution …
Can We Make The Constitution More Democratic?, Ilya Somin, Neal Devins
Can We Make The Constitution More Democratic?, Ilya Somin, Neal Devins
Faculty Publications
No abstract provided.
Displacing Dissent: The Role Of Place In First Amendment Jurisprudence, Thomas P. Crocker
Displacing Dissent: The Role Of Place In First Amendment Jurisprudence, Thomas P. Crocker
Faculty Publications
From the perspective of free speech theory, both of the central First Amendment values - human autonomy and deliberative democracy - require robust protection for the places and spaces in which speech and public discourse occur. This Article argues that current Supreme Court doctrine does not effectively protect speech from content neutral regulation of place. The problem is that remaining neutral is consistent with policies that would dislocate the very place for the "marketplace of ideas." Moreover, free speech theory focused on autonomy and deliberative democracy has not adequately addressed the role that place plays in furthering these values. Speech …
Symposium: The Religion Clauses In The 21st Century -- Introduction, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Symposium: The Religion Clauses In The 21st Century -- Introduction, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Faculty Publications
No abstract provided.
Confrontation As Constitutional Criminal Procedure: Crawford'S Birth Did Not Require That Roberts Had To Die, Robert P. Mosteller
Confrontation As Constitutional Criminal Procedure: Crawford'S Birth Did Not Require That Roberts Had To Die, Robert P. Mosteller
Faculty Publications
No abstract provided.
Police Deception Before Miranda Warnings: The Case For Per Se Prohibition Of An Entirely Unjustified Practice At The Most Critical Moment, Robert P. Mosteller
Police Deception Before Miranda Warnings: The Case For Per Se Prohibition Of An Entirely Unjustified Practice At The Most Critical Moment, Robert P. Mosteller
Faculty Publications
No abstract provided.
Participatory Constitution Making In Post-Conflict States, Angela M. Banks
Participatory Constitution Making In Post-Conflict States, Angela M. Banks
Faculty Publications
No abstract provided.