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Full-Text Articles in Law

Healthy And Unhealthy Responses To American Democratic Institutional Failure, Thomas D'Anieri Jan 2020

Healthy And Unhealthy Responses To American Democratic Institutional Failure, Thomas D'Anieri

CMC Senior Theses

I have set out on the hunch that politics in America “feels different,” that we are frustrated both with our institutions as well as with one another. First, I will seek to empirically verify this claim beyond mere “feelings.” If it can be shown that these kinds of discontent genuinely exist to the extent that I believe they do, I will then explain why people feel this way and why things are different this time from the economic, political, and social points of view. Next, I will examine two potential responses, what I will call the populist and the institutional ...


States As Civil Rights Actors: Assessing Advocacy Mechanisms Within A State’S Legislative, Executive, And Judicial Branches, Jennifer Safstrom May 2019

States As Civil Rights Actors: Assessing Advocacy Mechanisms Within A State’S Legislative, Executive, And Judicial Branches, Jennifer Safstrom

Barry Law Review

No abstract provided.


Reframing The Affirmative Action Debate To Move Beyond Arguments For Diversity And Interest Convergence, Adrian Jamal Mclain, Steven L. Nelson May 2019

Reframing The Affirmative Action Debate To Move Beyond Arguments For Diversity And Interest Convergence, Adrian Jamal Mclain, Steven L. Nelson

Barry Law Review

No abstract provided.


A Comprehensive Rethinking Of Equal Protection Post-Obergefelll: A Plea For Substantivity In Law, Shannon Gilreath May 2019

A Comprehensive Rethinking Of Equal Protection Post-Obergefelll: A Plea For Substantivity In Law, Shannon Gilreath

Barry Law Review

No abstract provided.


The Itunes Of Downloadable Guns: Firearms As A First Amendment Right, Sandra Sawan Lara Jan 2019

The Itunes Of Downloadable Guns: Firearms As A First Amendment Right, Sandra Sawan Lara

Catholic University Journal of Law and Technology

As society becomes more technology driven, legal issues continue to arise around the world. From privacy to national security, technology develops at a rate the law simply cannot keep up with. In the United States, one of the biggest legal issues is how the new risks technology brings will interfere with our individual liberties.

Technologies like three-dimensional (“3D”) printing have transformed everything from lifesaving surgeries to gun manufacturing. This technology has led to a whole new way of communicating via computer coding, with the online open source movement leading innovation by allowing for the sharing and editing of files freely ...


Realizing An Opportunity: Limiting The Power Of The Executive In The Iraqi Constitution, Cory Kopitzke Jan 2017

Realizing An Opportunity: Limiting The Power Of The Executive In The Iraqi Constitution, Cory Kopitzke

Indiana Journal of Constitutional Design

In the summer of 2015, Iraqi citizens took to the streets in protest. After going without essential services, such as electricity, in the sweltering heat and after enduring corruption that undermined Iraqi forces battling the Islamic State, these citizens called for meaningful changes in the management of the Iraqi government and for the fulfillment of “democratic aspirations” enshrined in the Iraqi Constitution. In response to these protests, Iraqi Prime Minister, Haider al-Abadi, proposed sweeping reform measures to combat the decisive divides in the current administration. These reforms called for drastic change—including the elimination of the vice-president and deputy prime ...


Taking Constitutional Identities Away From The Courts, Pietro Faraguna Jan 2016

Taking Constitutional Identities Away From The Courts, Pietro Faraguna

Brooklyn Journal of International Law

In federal states, constitutional identity is the glue that holds together the Union. On the contrary, in the European Union—not a fully-fledged federation yet—each Member state has its own constitutional identity. On the one hand, the Union may benefit from the particular knowledge, innovation, history, diversity, and culture of its individual states. On the other hand, identity-related claims may have a disintegrating effect. Constitutional diversity needs to come to terms with risks of disintegration. The Treaty on the European Union seeks a balance, providing the obligation to respect the constitutional identities of its Member states. Drawing from the ...


The President, The Congress, And The Panama Canal: An Essay On The Powers Of The Executive And Legislative Branches In The Field Of Foreign Affairs, Griffin B. Bell, H. Miles Foy Feb 2015

The President, The Congress, And The Panama Canal: An Essay On The Powers Of The Executive And Legislative Branches In The Field Of Foreign Affairs, Griffin B. Bell, H. Miles Foy

Georgia Journal of International & Comparative Law

No abstract provided.


Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali Dec 2014

Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali

Touro Law Review

No abstract provided.


Putting Progress Back Into Progressive: Reclaiming A Philosophy Of History For The Constitution, David Aram Kaiser Jan 2014

Putting Progress Back Into Progressive: Reclaiming A Philosophy Of History For The Constitution, David Aram Kaiser

Washington University Jurisprudence Review

No abstract provided.


Of Inkblots And Omnisignificance: Conceptualizing Secondary And Symbolic Functions Of The Ninth Amendment, In A Comparative Hermeneutic Framework, Samuel J. Levine May 2011

Of Inkblots And Omnisignificance: Conceptualizing Secondary And Symbolic Functions Of The Ninth Amendment, In A Comparative Hermeneutic Framework, Samuel J. Levine

Samuel J. Levine

In this Essay, Levine focuses on a particular hermeneutic approach common to the interpretation of the Torah and the United States Constitution: a presumption against superfluity. This presumption accords to the text a considerable degree of omnisignificance, requiring that interpreters pay careful attention to every textual phrase and nuance in an effort to find its legal meaning and implications. In light of this presumption, it might be expected that normative interpretation of both the Torah and the Constitution would preclude a methodology that allows sections of the text to remain bereft of concrete legal application. In fact, however, both the ...


Interpreting Scripture/Interpreting Law, Frank S. Ravitch Jan 2009

Interpreting Scripture/Interpreting Law, Frank S. Ravitch

Faculty Publications

No abstract provided.


Of Inkblots And Omnisignificance: Conceptualizing Secondary And Symbolic Functions Of The Ninth Amendment, In A Comparative Hermeneutic Framework, Samuel J. Levine Jan 2009

Of Inkblots And Omnisignificance: Conceptualizing Secondary And Symbolic Functions Of The Ninth Amendment, In A Comparative Hermeneutic Framework, Samuel J. Levine

Scholarly Works

In this Essay, Levine focuses on a particular hermeneutic approach common to the interpretation of the Torah and the United States Constitution: a presumption against superfluity. This presumption accords to the text a considerable degree of omnisignificance, requiring that interpreters pay careful attention to every textual phrase and nuance in an effort to find its legal meaning and implications. In light of this presumption, it might be expected that normative interpretation of both the Torah and the Constitution would preclude a methodology that allows sections of the text to remain bereft of concrete legal application. In fact, however, both the ...


Tabloid Constitutionalism: How A Bill Doesn't Become A Law, Brian C. Kalt Jan 2008

Tabloid Constitutionalism: How A Bill Doesn't Become A Law, Brian C. Kalt

Faculty Publications

No abstract provided.


Judges, Legislators, And Europe's Law: Common-Law Constitutionalism And Foreign Precedents, Noga Morag-Levine Jan 2006

Judges, Legislators, And Europe's Law: Common-Law Constitutionalism And Foreign Precedents, Noga Morag-Levine

Faculty Publications

No abstract provided.


Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley Jan 1987

Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley

Scholarly Works

Professor Blakesley presides over this panel discussion on laws combating the illegal importation of drugs and small arms, and their implications for international and domestic law.


Terrorism And The Constitution, Christopher L. Blakesley Jan 1987

Terrorism And The Constitution, Christopher L. Blakesley

Scholarly Works

How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances ...