Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2000

Constitutional Law

Selected Works

Articles 1 - 23 of 23

Full-Text Articles in Law

The Limits Of Protecting Free Speech (Reviewing Richard Delgado & Jean Stefancic, Must We Defend Nazis? Hate Speech, Pornography, And The New First Amendment (1997), Robert Lipkin Oct 2000

The Limits Of Protecting Free Speech (Reviewing Richard Delgado & Jean Stefancic, Must We Defend Nazis? Hate Speech, Pornography, And The New First Amendment (1997), Robert Lipkin

Robert Justin Lipkin

No abstract provided.

Go to article

The Constitutional Implications Of Race-Neutral Affirmative Action, Kim Forde-Mazrui Aug 2000

The Constitutional Implications Of Race-Neutral Affirmative Action, Kim Forde-Mazrui

Kim Forde-Mazrui

This paper explores the constitutional implications of race-neutral affirmative action, i.e., governmental efforts to pursue affirmative action goals, such as remedying discrimination and promoting diversity, through non-racial means. For example, to increase minority enrollment, some public universities give weight in the admission process to economic background. This paper suggests that such "race-neutral" policies may be just as unconstitutional as racial preferences if they are motivated by arguably discriminatory (against whites) purposes. I then present two doctrinal defenses of race-neutral affirmative action. First, assuming that strict scrutiny would apply to such policies, I argue that remedying discrimination, even so-called "societal discrimination," …

Go to article

El Positivismo Jurídico En Nuestras Aulas, Juan Carlos Riofrío Martínez-Villalba May 2000

El Positivismo Jurídico En Nuestras Aulas, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.

Go to article

Natural Rights And The Second Amendment, Steven J. Heyman Jan 2000

Natural Rights And The Second Amendment, Steven J. Heyman

Steven J. Heyman

No abstract provided.

Go to article

Mt. Healthy And Causation In Fact: The Court Still Doesn't Get It!, Sheldon Nahmod Jan 2000

Mt. Healthy And Causation In Fact: The Court Still Doesn't Get It!, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.

Go to article

The Impact Of Florida Statute 800.03 On Local Regulation Of Nude Dancing Facilities., Stephen Durden Jan 2000

The Impact Of Florida Statute 800.03 On Local Regulation Of Nude Dancing Facilities., Stephen Durden

Stephen Durden

Local governments throughout the country have enacted adult entertainment codes regulating, among other things, massage parlors, adult movie theaters, adult video stores and adult toy stores. Local governments have not forgotten live performances particularly nude or topless dancing. Regulations throughout the country require facilities to get licenses before they operate; require that the dancers get licenses; regulate the location of these facilities; and regulate their interiors. These regulations are often challenged, with the challenge being based on the First Amendment. The assumption behind all these cases is that the First Amendment protects nude dancing. That assumption is now unassailable but …

Go to article

Substantive Due Process, Arthur Lang Jan 2000

Substantive Due Process, Arthur Lang

Arthur Lang

No abstract provided.

Go to article

A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit Jan 2000

A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit

Nancy Levit

Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …

Go to article

A New Case For Direct Congressional Regulation Of Guns In School Zones, Michael Anthony Lawrence Jan 2000

A New Case For Direct Congressional Regulation Of Guns In School Zones, Michael Anthony Lawrence

Michael Anthony Lawrence

This article suggests that in the wake of last year’s school shootings at Columbine High School in Littleton, Colorado, Congress may justifiably exercise its commerce power to regulate arms in schools, notwithstanding its contrary holding in Lopez v. U.S in 1995. Sadly, with Columbine, the scope of violence in schools has assumed vastly more serious dimensions – to the point where such acts may accurately be labeled as premeditated acts of domestic terrorism.

Under such circumstances, Congress may reasonably enact laws designed to curb the interstate market for weapons used in these attacks. If Congress concludes, for example, that imposing …

Go to article

Recensión A 'The Strategic Constitution', De Robert D. Cooter, Fernando Gómez Jan 2000

Recensión A 'The Strategic Constitution', De Robert D. Cooter, Fernando Gómez

Fernando Gómez Pomar

No abstract provided.

Go to article

Self-Defense: The Equalizer, David B. Kopel, Linda Gorman Jan 2000

Self-Defense: The Equalizer, David B. Kopel, Linda Gorman

David B Kopel

Experiments in tightening gun-control laws have eroded the right of self defense and failed to stop serious crime. Studies Japan, the United Kingdom, Canada, and Australia.

Go to article

The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds Jan 2000

The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds

David B Kopel

A review of state and federal courts decisions on the scope of state police powers suggests that the shift from the more restrictive sic utere principle to the more open salus populi principle may be reversing, with courts -- at least in cases involving sex and marriage -- taking a much more skeptical view of government objectives and justifications.

Go to article

Getting Serious About Miranda In Minnesota: Criminal And Civil Sanctions For Failure To Respond To Requests For Counsel, Peter Erlinder Jan 2000

Getting Serious About Miranda In Minnesota: Criminal And Civil Sanctions For Failure To Respond To Requests For Counsel, Peter Erlinder

C. Peter Erlinder

No abstract provided.

Go to article

Making Sense Of Aboriginal And Treaty Rights, Brian Slattery Jan 2000

Making Sense Of Aboriginal And Treaty Rights, Brian Slattery

Brian Slattery

No abstract provided.

Go to article

Public Order Laws After City Of Chicago V. Morales, Lawrence Rosenthal Dec 1999

Public Order Laws After City Of Chicago V. Morales, Lawrence Rosenthal

Lawrence Rosenthal

No abstract provided.

Go to article

Constitutional Revolutions: Pragmatism And The Role Of Judicial Review In American Constitutionalism, Robert Lipkin Dec 1999

Constitutional Revolutions: Pragmatism And The Role Of Judicial Review In American Constitutionalism, Robert Lipkin

Robert Justin Lipkin

No abstract provided.

Go to article

The New Majoritarianism, Robert Justin Lipkin Dec 1999

The New Majoritarianism, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

Go to article

When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee Dec 1999

When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee

Randy Lee

During the Clinton Administration, the Internal Revenue Service ("IRS") and the Department of Justice ("DOJ") broke new ground in the enforcement of the tax code's ban on "partisan political activity" by tax-exempt religious organizations. President Clinton, meanwhile, used church buildings and religious services for political campaigning and made political speeches on behalf of candidates that intertwined the political and the religious. Thus, while the Clinton Administration clarified the role of religious exercise and expression in some areas of public life, like public schools and the federal workplace, Administration activities clouded the role religion is to play in political campaigns.
The …

Go to article

D.C. Circuit Revives Nondelegation Doctrine…Or Does It?, Michael R. Dimino Dec 1999

D.C. Circuit Revives Nondelegation Doctrine…Or Does It?, Michael R. Dimino

Michael R Dimino

Article I, Section 1 of the Constitution charges Congress with the ability and the duty to make the law. Courts have always understood, however, that Congress has the capacity to delegate some legislative power to other institutional actors, typically those in the executive branch. Such delegations are justified by the "practical understanding that in our increasingly complex society, Congress simply cannot do its job absent an ability to delegate power under broad general directives." This does not mean that Congress enjoys unlimited authority to delegate. Under the judicially crafted "nondelegation doctrine," Congress delegates too much lawmaking power if it fails …

Go to article

Urinating On The Pennsylvania Constitution? Drug Testing Of High School Athletes And Article I, Section 8 Of The Pennsylvania Constitution, Amanda Smith Dec 1999

Urinating On The Pennsylvania Constitution? Drug Testing Of High School Athletes And Article I, Section 8 Of The Pennsylvania Constitution, Amanda Smith

Amanda Sholtis

This Comment asserts that drug testing policies fail to pass Pennsylvania constitutional muster. The focus is directed toward mandatory suspicionless testing of student athletes, an activity that schools have adopted in response to increased drug use in recent years.'9 Part II discusses a typical drug test performed by a school district and refers to policies from Derry, Fairfield, and Middletown Area School Districts. Part III analyzes the constitutionality of drug testing policies under Article I, Section 8. Part IV discusses alternatives to mandatory suspicionless drug testing of athletes that would effectuate school boards' goals of maintaining a drug-free environment without …

Go to article

Controle Judicial Das Medidas Provisórias, Ivo T. Gico Dec 1999

Controle Judicial Das Medidas Provisórias, Ivo T. Gico

Ivo Teixeira Gico Jr.

Neste artigo, o autor analisa os pressupostos constitucionais do controle abstrato de medidas provisórias quanto aos seus requisitos de necessidade, utilidade e conveniência de sua edição, confrontando a execução de políticas públicas com as prerrogativas do Estado de Direito.

In this article, the author examines the Provisional Executive Acts abstract constitutional control assumptions in their necessity, utility and convenience editing requirements, confronting the execution of public policies with the State of Law prerogatives.

Go to article

Purging The Cruel And Unusual: The Autonomous Excessive Fines Clause And Desert-Based Constitutional Limits On Forfeiture After United States V. Bajakajian, Barry L. Johnson Dec 1999

Purging The Cruel And Unusual: The Autonomous Excessive Fines Clause And Desert-Based Constitutional Limits On Forfeiture After United States V. Bajakajian, Barry L. Johnson

Barry L. Johnson

No abstract provided.

Go to article

Impeachment And The War Over The Democratization Of American Culture, Robert Justin Lipkin Dec 1999

Impeachment And The War Over The Democratization Of American Culture, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

Go to article