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Full-Text Articles in Law

Unlimited Power: Why The President’S (Warrantless) Surveillance Program Is Unconstitutional, Raymond Shih Ray Ku Jan 2010

Unlimited Power: Why The President’S (Warrantless) Surveillance Program Is Unconstitutional, Raymond Shih Ray Ku

Faculty Publications

In this essay, Professor Ku explores the constitutionality of the President's Surveillance Program (PSP), and critiques the Bush Administration's legal explanations supporting warrantless surveillance. Defenders of the program have relied upon the President's inherent executive authority, the Congressional Authorization for Use of Military Force, the FISA Amendment Act of 2008, and ultimately that under any of these sources of authority the warrantless surveillance authorized is consistent with the right of privacy protected Fourth Amendment to the U.S. Constitution. As such, Professor Ku uses the PSP to illustrate the how and why current constitutional analysis both ignores ...


Dangerous Terrain: Mapping The Female Body In Gonzales V. Carhart, B. Jessie Hill Jan 2010

Dangerous Terrain: Mapping The Female Body In Gonzales V. Carhart, B. Jessie Hill

Faculty Publications

The body occupies an ambiguous position within the law. It is, in one sense, the quintessential object of state regulatory and police power, the object that the state acts both upon and for. At the same time, the body is often constructed in legal discourse as the site of personhood - our most intimate, sacred, and inviolate possession. The inherent tension between these two concepts of the body permeates the law, but it is perhaps nowhere more prominent than in the constitutional doctrine pertaining to abortion. Abortion is one of the most heavily regulated medical procedures in the United States, and ...


Privacy Is The Problem, Raymond Shih Ray Ku Jan 2010

Privacy Is The Problem, Raymond Shih Ray Ku

Faculty Publications

A local school district remotely activates laptop web cameras that allegedly record the activities of students, even in their bedrooms.1 The President authorizes the National Security Agency (NSA) to monitor the telephone calls and electronic communications of individuals within the United States on an unprecedented scale in the interest of national security.2 Even a cursory examination of the news suggests that the activities and communications of Americans are increasingly subject to government surveillance from every level of government. Whatever we may think about the necessity for this surveillance, we should question how such programs come into being; in ...


Constitutional Construction And Departmentalism: A Case Study Of The Demise Of The Whig Presidency, Michael J. Gerhardt Jan 2010

Constitutional Construction And Departmentalism: A Case Study Of The Demise Of The Whig Presidency, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Is The Filibuster Constitutional?, Josh Chafetz, Michael J. Gerhardt Jan 2010

Is The Filibuster Constitutional?, Josh Chafetz, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Why The Assertion Of A "Nationalist" Presidency Does Not Support Claims For Expansive Presidential Power, William P. Marshall Jan 2010

Why The Assertion Of A "Nationalist" Presidency Does Not Support Claims For Expansive Presidential Power, William P. Marshall

Faculty Publications

No abstract provided.


Clashing Visions Of A "Living" Constitution: Of Opportunists And Obligationists, William W. Van Alstyne Jan 2010

Clashing Visions Of A "Living" Constitution: Of Opportunists And Obligationists, William W. Van Alstyne

Faculty Publications

No abstract provided.