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Full-Text Articles in Law

International Law And The Constitution: Terms Of Engagement, Foreword, Catherine Powell Jan 2008

International Law And The Constitution: Terms Of Engagement, Foreword, Catherine Powell

Fordham Law Review

No abstract provided.


The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal Jan 2008

The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal

Fordham Law Review

In Garcetti v. Ceballos, the U.S. Supreme Court, by the narrowest of margins, held that allegations of police perjury made in memoranda to his superiors by Richard Ceballos, a supervisory prosecutor in the Los Angeles County District Attorney's office, were unprotected by the First Amendment because “his expressions were made pursuant to his duties.” The academic reaction to this holding has been harshly negative; scholars argue that the holding will prevent the public from learning of governmental misconduct that is known only to those working within the bowels of the government itself. This Article rejects the scholarly consensus on Garcetti. …


Undercover Anti-Populism, Larry D. Kramer Jan 2005

Undercover Anti-Populism, Larry D. Kramer

Fordham Law Review

No abstract provided.


Theories Of Taking The Constitution Seriously Outside The Courts Jan 2005

Theories Of Taking The Constitution Seriously Outside The Courts

Fordham Law Review

No abstract provided.


Judicial Review Without Judicial Supremacy: Taking The Constitution Seriously Outside The Courts, James E. Fleming Jan 2005

Judicial Review Without Judicial Supremacy: Taking The Constitution Seriously Outside The Courts, James E. Fleming

Fordham Law Review

No abstract provided.


Popular Constitutionalism Versus Justice In Plainclothes: Reflections From History, Robert J. Kaczorowski Jan 2005

Popular Constitutionalism Versus Justice In Plainclothes: Reflections From History, Robert J. Kaczorowski

Fordham Law Review

No abstract provided.


Can We Be Legal Positivists Without Being Constitutional Positivists?, Abner S. Greene Jan 2005

Can We Be Legal Positivists Without Being Constitutional Positivists?, Abner S. Greene

Fordham Law Review

No abstract provided.


Constitutional Partnership And The States, Aaron J. Saiger Jan 2005

Constitutional Partnership And The States, Aaron J. Saiger

Fordham Law Review

No abstract provided.


Tempering Supremacy, Benjamin C. Zipursky Jan 2005

Tempering Supremacy, Benjamin C. Zipursky

Fordham Law Review

No abstract provided.


The Ten Commandments On The Courthouse Lawn And Elsewhere, Paul Finkelman Jan 2005

The Ten Commandments On The Courthouse Lawn And Elsewhere, Paul Finkelman

Fordham Law Review

No abstract provided.


Giving The Barking Dog A Bite: Challenging Felon Disenfranchisement Under The Voting Rights Act Of 1965, Lauren Handelsman Jan 2005

Giving The Barking Dog A Bite: Challenging Felon Disenfranchisement Under The Voting Rights Act Of 1965, Lauren Handelsman

Fordham Law Review

No abstract provided.


Choosing Balance: Congressional Powers And The Partial-Birth Abortion Ban Act Of 2003, Alissa Schecter Jan 2005

Choosing Balance: Congressional Powers And The Partial-Birth Abortion Ban Act Of 2003, Alissa Schecter

Fordham Law Review

No abstract provided.


The Flaws Of Rational Basis With Bite: Why The Supreme Court Should Acknowledge Its Application Of Heightened Scrutiny To Classifications Based On Sexual Orientation, Jeremy B. Smith Jan 2005

The Flaws Of Rational Basis With Bite: Why The Supreme Court Should Acknowledge Its Application Of Heightened Scrutiny To Classifications Based On Sexual Orientation, Jeremy B. Smith

Fordham Law Review

No abstract provided.


Suspending Habeas Corpus: Article I, Section 9, Clause 2, Or The United States Constitution And The War On Terror, Tor Ekeland Jan 2005

Suspending Habeas Corpus: Article I, Section 9, Clause 2, Or The United States Constitution And The War On Terror, Tor Ekeland

Fordham Law Review

No abstract provided.


Tying The Braid Of Second-Parent Adoptions—Where Due Process Meets Equal Protection, Christopher Colorado Jan 2005

Tying The Braid Of Second-Parent Adoptions—Where Due Process Meets Equal Protection, Christopher Colorado

Fordham Law Review

No abstract provided.


Courting Disaster, Lawrence G. Sager Jan 2005

Courting Disaster, Lawrence G. Sager

Fordham Law Review

No abstract provided.


Serving Two Masters: Evaluating The Criminal Or Civil Nature Of The Vwpa And Mvra Through The Lens Of The Ex Post Facto Clause, The Abatement Doctrine, And The Sixth Amendment, Brian Kleinhaus Jan 2005

Serving Two Masters: Evaluating The Criminal Or Civil Nature Of The Vwpa And Mvra Through The Lens Of The Ex Post Facto Clause, The Abatement Doctrine, And The Sixth Amendment, Brian Kleinhaus

Fordham Law Review

No abstract provided.


Gender, Negotiating Gender And (Free And Equal) Citizenship: The Place Of Associations, Linda C. Mcclain Jan 2004

Gender, Negotiating Gender And (Free And Equal) Citizenship: The Place Of Associations, Linda C. Mcclain

Fordham Law Review

No abstract provided.


The Supreme Court And Congress's Power To Enforce Constitutional Rights: An Overlooked Moral Anomaly, Robert J. Kaczorowski Jan 2004

The Supreme Court And Congress's Power To Enforce Constitutional Rights: An Overlooked Moral Anomaly, Robert J. Kaczorowski

Fordham Law Review

No abstract provided.


A Sheep In Wolf's Clothing: Why The Debate Surrounding Comparative Constitutional Law Is Spectacularly Ordinary, Matthew S. Raalf Jan 2004

A Sheep In Wolf's Clothing: Why The Debate Surrounding Comparative Constitutional Law Is Spectacularly Ordinary, Matthew S. Raalf

Fordham Law Review

No abstract provided.


Jurisdictional Line-Drawing In A Time When So Much Litigation Is "Related To" Bankruptcy: A Practical And Constitutional Solution, Duane Loft Jan 2004

Jurisdictional Line-Drawing In A Time When So Much Litigation Is "Related To" Bankruptcy: A Practical And Constitutional Solution, Duane Loft

Fordham Law Review

No abstract provided.


Adjusting Rights And Balancing Values, T. M. Scanlon Jan 2004

Adjusting Rights And Balancing Values, T. M. Scanlon

Fordham Law Review

No abstract provided.


Gender, Justice And Gender: An Unfinished Debate, Susan Moller Okin Jan 2004

Gender, Justice And Gender: An Unfinished Debate, Susan Moller Okin

Fordham Law Review

No abstract provided.


Dimensions Of Democracy, Christopher L. Eisgruber Jan 2003

Dimensions Of Democracy, Christopher L. Eisgruber

Fordham Law Review

No abstract provided.


The Better Angels Of Self-Government, Martin S. Flaherty Jan 2003

The Better Angels Of Self-Government, Martin S. Flaherty

Fordham Law Review

No abstract provided.


The Missing Selves In Constitutional Self-Government, James E. Fleming Jan 2003

The Missing Selves In Constitutional Self-Government, James E. Fleming

Fordham Law Review

No abstract provided.


Of Constitutional Self-Government, Jed Rubenfeld Jan 2003

Of Constitutional Self-Government, Jed Rubenfeld

Fordham Law Review

No abstract provided.


Constitutional Self-Government: A Reply To Rubenfeld, Christopher L. Eisgruber Jan 2003

Constitutional Self-Government: A Reply To Rubenfeld, Christopher L. Eisgruber

Fordham Law Review

No abstract provided.


Constitutional (Ir) Responsibility, Abner S. Greene Jan 2003

Constitutional (Ir) Responsibility, Abner S. Greene

Fordham Law Review

No abstract provided.


Old Dictionaries And New Textualists, Rickie Sonpal Jan 2003

Old Dictionaries And New Textualists, Rickie Sonpal

Fordham Law Review

No abstract provided.