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Full-Text Articles in Law
When The Immovable Object Meets The Unstoppable Force: Search And Seizure In The Age Of Terrorism, Anthony C. Coveny
When The Immovable Object Meets The Unstoppable Force: Search And Seizure In The Age Of Terrorism, Anthony C. Coveny
Anthony C Coveny Ph.D.,J.D.,MA.
Abstract In 2001, the airborne attack on the World Trade Center, unlike any other in U.S. History, shook America to her core. In the process, the hand of government was strengthened at the expense of the constitutional liberties afforded by the Fourth Amendment. MacWade v. Kelly is just one more example of the increasing governmental interest in securing this nation from another terrorist attack, and in so doing, subjecting Americans to more “big brother” government. In MacWade, the New York Police Department faced down a 42 U.S.C 1983 challenge to its Container Inspection Program (CIP) in the name of security. …
Originalism And The Problem Of Fundament Fairness, R. George Wright
Originalism And The Problem Of Fundament Fairness, R. George Wright
R. George Wright Professor
Originalism is perhaps the most prominent theory of how to interpret the Constitution. Originalism, however, rests upon a process of constitutional drafting and ratification that systematically excluded important demographic groups. Originalism thus rests on a fundamental injustice. Crucially, this fundamental injustice is not confined to the past once the various excluded groups gain the franchise. Originalist theories remain crucially tainted and skewed, particularly with respect to constitutional questions on which originally excluded groups had interests diverging from those of non-excluded groups. The continuing effects of the fundamental unfairness of the constitutional drafting and ratifying process are explored through considering the …
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Ii, Methodology), Ashok Agrwaal
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Ii, Methodology), Ashok Agrwaal
Ashok Agrwaal
This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 - 2005 (Chapter-I, Introduction), Ashok Agrwaal
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 - 2005 (Chapter-I, Introduction), Ashok Agrwaal
Ashok Agrwaal
This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Iv, The Petitions), Ashok Agrwaal
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Iv, The Petitions), Ashok Agrwaal
Ashok Agrwaal
This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-V, The Narratives), Ashok Agrwaal
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-V, The Narratives), Ashok Agrwaal
Ashok Agrwaal
This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Iii, The Arrest), Ashok Agrwaal
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Iii, The Arrest), Ashok Agrwaal
Ashok Agrwaal
This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …
The Constitution Of Palestine: "The State In Development", Leonid G. Berlyavskiy
The Constitution Of Palestine: "The State In Development", Leonid G. Berlyavskiy
Leonid G. Berlyavskiy
Constitution of Palestine is an example of the constitutional act of the so-called "states in development" that is, being at the stage of development. The planned for the autumn of 2000 declaration of "the State the Palestine" has not taken place, however the constitution is considered working. According to the fundamental law Palestine is the parliamentary republic with rather extensive powers of the president, and is the unitary state.
Judicial Review Of Special Interest Spending: The General Welfare Clause And The Fiduciary Law Of The Founders, Robert G. Natelson
Judicial Review Of Special Interest Spending: The General Welfare Clause And The Fiduciary Law Of The Founders, Robert G. Natelson
Robert G. Natelson
This article surveys the principles of 18th century fiduciary law that the Founders incorporated into the U.S. Constitution-- principles they referred to as rules of "public trust." The article also suggests standards the courts can use to determine if particular congressional appropriations are within the "general welfare" limitation of the Constitution's so-called Spending Clause
Tempering The Commerce Power, Robert G. Natelson
Tempering The Commerce Power, Robert G. Natelson
Robert G. Natelson
The Supreme Court's modern interpretation of the Necessary and Proper Clause in the realm of interstate commerce is textually problematic, unfaithful to the Constitution's original meaning, and contains positive incentives for Congress to over-regulate. The Necessary and Proper Clause was intended to embody the common law doctrine of principals and incidents, and the Court should employ that doctrine as its interpretive benchmark. The common law doctrine contains less, although some, bias toward over-regulation, and it is flexible enough to adapt to changing social conditions. Adherence to the common law doctrine would markedly improve Commerce Power jurisprudence and reduce incentives for …
The French 'Headscarves Ban': Intolerance Or Necessity ?, Reuven Ziegler
The French 'Headscarves Ban': Intolerance Or Necessity ?, Reuven Ziegler
Dr. Reuven (Ruvi) Ziegler
The notion analyzed in the article is that a right can often be interpreted in contrasting terms in different countries, even if these countries are all signatories to the same human rights conventions and are considered to be western liberal democracies. Hence, the protection granted to a particular right is greatly affected by the fundamental tenets of the social framework in a given society. I substantiate my claim empirically by offering a critique of the recent 'headscarves ban' in French public schools. While the ban enjoys overwhelming public support in France, insisting that it protects the fabric of French society, …
Curbing Day Laborers: Anti-Solicitation Ordinances, Commercial Speech, And Hiring Centers. A User's Guide To Protecting Municipalities From Day Labor-Related Lawlessness And Litigation, Jon D. Feere
Jon D Feere
As Americans across the country become increasingly frustrated by continuous violations of immigration laws, many legal groups aimed at suing city, state, and federal governments have been created with the hope that increased pressure will result in increased enforcement. Laws not originally designed to specifically address immigration issues, such as the Racketeer Influenced and Corrupt Organizations Act (RICO), and basic laws of trespass are being used by the public to creatively fight immigration violations. At the same time, state and local governments are also discovering a need to act creatively in managing the massive increase of illegal immigrants moving into …
The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson
The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson
Robert G. Natelson
The United States Congress claims plenary and exclusive power over federal affairs with the Indian tribes, based primarily on the Constitution’s Indian Commerce Clause. This article is the first comprehensive analysis of the original meaning of, and understanding behind, that constitutional provision. The author concludes that, as originally understood, congressional power over the tribes was to be neither plenary nor exclusive.