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Articles 1 - 23 of 23

Full-Text Articles in Law

Book Review Of Out Of Range: Why The Constitution Can't End The Battle Over Guns, By Mark V. Tushnet, Dennis A. Henigan Nov 2010

Book Review Of Out Of Range: Why The Constitution Can't End The Battle Over Guns, By Mark V. Tushnet, Dennis A. Henigan

Journal of Legal Education

No abstract provided.


Book Review Of The Supreme Court And The American Elite, 1789-2008, By Lucas A. Powe, Jr., Joerg Knipprath Nov 2010

Book Review Of The Supreme Court And The American Elite, 1789-2008, By Lucas A. Powe, Jr., Joerg Knipprath

Journal of Legal Education

No abstract provided.


Outgrowing The Commerce Clause: Finding Endangered Species A Home In The Constitutional Framework, Jennifer A. Maier Oct 2010

Outgrowing The Commerce Clause: Finding Endangered Species A Home In The Constitutional Framework, Jennifer A. Maier

Golden Gate University Law Review

This Comment examines the controversial relationship between the ESA and the Commerce Clause. Part I provides an overview of the Commerce Clause and the ESA. Part II reviews the evolution of the Commerce Clause and examines, in its current form, the Constitution's capacity to support the ESA. Part III examines the likelihood of Supreme Court review of the ESA due to conflicting circuit court opinions and recent changes in the Supreme Court composition. Part IV identifies several factors that endanger the ESA at the Supreme Court level. The Comment concludes that, despite several seemingly favorable factors, the Commerce Clause framework …


Constitutional Law - Colacurcio V. City Of Kent, Zachary J. Dalton Sep 2010

Constitutional Law - Colacurcio V. City Of Kent, Zachary J. Dalton

Golden Gate University Law Review

In Colacurcio v. City of Kent, the United States Court of Appeals for the Ninth Circuit held that the City of Kent's Ordinance 3221, which required nude dancers to perform at least ten feet from patrons, did not violate the First Amendment of the United States Constitution. The court found that, as a matter of law, the Kent ordinance was content-neutral and the ten-foot distance requirement was narrowly tailored and left open ample alternative avenues for communication of protected expression.


The Impact Of Austin V. United States: Extending Constitutional Protections To Claimants In Civil Forfeiture Proceedings, Robin M. Sackett Sep 2010

The Impact Of Austin V. United States: Extending Constitutional Protections To Claimants In Civil Forfeiture Proceedings, Robin M. Sackett

Golden Gate University Law Review

This comment will first provide a brief historic overview of civil forfeiture and the Eighth Amendment's Excessive Fines Clause. The comment will then discuss how the guilty property fiction and previous court interpretations of the Eighth Amendment have interacted to prevent proportionality review of civil forfeitures. Next, the comment will examine the Supreme Court decision in Austin v. United States and its potential impact on civil forfeiture law. Additionally, this comment will explore the potential of Austin to extend further constitutional protections to parties in civil forfeiture proceedings. Finally, this comment will conclude that, in light of the Austin decision, …


Survey: Women And California Law, Carol Beth Barnett, Heather Allyson Elrick, Julie Hammel Brook, Michael Weiss, Susan M. Crocker, Theresa M. Kolish, Jessica Rudin Sep 2010

Survey: Women And California Law, Carol Beth Barnett, Heather Allyson Elrick, Julie Hammel Brook, Michael Weiss, Susan M. Crocker, Theresa M. Kolish, Jessica Rudin

Golden Gate University Law Review

No abstract provided.


Constitutional Law Summary, Carol A. Farmer, Thomas A. Johnson Sep 2010

Constitutional Law Summary, Carol A. Farmer, Thomas A. Johnson

Golden Gate University Law Review

No abstract provided.


Constitutional Law, Christopher Windle Sep 2010

Constitutional Law, Christopher Windle

Golden Gate University Law Review

No abstract provided.


Curricular Stress, Edward Rubin Aug 2010

Curricular Stress, Edward Rubin

Journal of Legal Education

No abstract provided.


Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman Jul 2010

Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman

Indiana Law Journal

No abstract provided.


Dog Wags Tail: The Continuing Viability Of Minority-Targeted Aid In Higher Education, Osamudia R. James Jul 2010

Dog Wags Tail: The Continuing Viability Of Minority-Targeted Aid In Higher Education, Osamudia R. James

Indiana Law Journal

No abstract provided.


District Of Columbia V. Heller: The Second Amendment Shoots One Down, Sarah Perkins May 2010

District Of Columbia V. Heller: The Second Amendment Shoots One Down, Sarah Perkins

Louisiana Law Review

No abstract provided.


The Legitimacy Of The Juridical: Constituent Power, Democracy, And The Limits Of Constitutional Reform, Joel Colon-Rios Apr 2010

The Legitimacy Of The Juridical: Constituent Power, Democracy, And The Limits Of Constitutional Reform, Joel Colon-Rios

Osgoode Hall Law Journal

This article asks and answers the question of what conditions must be met for a constitutional regime to enjoy democratic legitimacy. It argues that the democratic legitimacy of a constitutional regime depends on its susceptibility to democratic re-constitution. In other words, it argues that a constitution must provide an opening, a means of egress for constituent power to manifest from time to time. In developing this argument, the article advances a distinction between ordinary constitutional reform -- understood as subject to certain limits -- and the exercise of constituent power through which a society produces novel juridical forms without being …


Punitive Damages And The Constitution, Thomas H. Dupree Jr. Feb 2010

Punitive Damages And The Constitution, Thomas H. Dupree Jr.

Louisiana Law Review

No abstract provided.


Thirteen Ways Of Looking At Buck V. Bell: Thoughts Occasioned By Paul Lombardo's Three Generations, No Imbeciles, Michelle Oberman Feb 2010

Thirteen Ways Of Looking At Buck V. Bell: Thoughts Occasioned By Paul Lombardo's Three Generations, No Imbeciles, Michelle Oberman

Journal of Legal Education

No abstract provided.


Heller As Hubris, And How Mcdonald V. City Of Chicago May Well Change The Constitutional World As We Know It, William G. Merkel Jan 2010

Heller As Hubris, And How Mcdonald V. City Of Chicago May Well Change The Constitutional World As We Know It, William G. Merkel

Santa Clara Law Review

No abstract provided.


One New President, One New Patriarch, And A Generous Disregard For The Constitution:, Robert C. Blitt Jan 2010

One New President, One New Patriarch, And A Generous Disregard For The Constitution:, Robert C. Blitt

Vanderbilt Journal of Transnational Law

The government of Russia and the Russian Orthodox Church (ROC)--the country's predominant religious group--recently underwent back-to-back changes in each institution's respective leadership. This coincidence of timing affords a unique opportunity to reassess the status of constitutional secularism and church-state relations in the Russian Federation. Following a discussion of the presidential and patriarchal elections that occurred between March 2008 and January 2009, the Article surveys recent developments in Russia as they relate to the nation's constitutional obligations. In the face of this analysis, the Article argues that the government and the ROC alike continue to willfully undermine the constitutional principles of …


Deconstructing Transnationalism: Conceptualizing Metanationalism As A Putative Model Of Evolving Jurisprudence, Paul Enriquez Jan 2010

Deconstructing Transnationalism: Conceptualizing Metanationalism As A Putative Model Of Evolving Jurisprudence, Paul Enriquez

Vanderbilt Journal of Transnational Law

This Article builds upon Philip C. Jessup's revolutionary scholarship to pave new pathways for interdisciplinary research and expand the normative constitutional framework of universal human problems. To that end, this Article ties American constitutional theory to the new era of international globalization and provides context that facilitates the discussion of racial and ethnic diversity in education from a domestic and international perspective. By arguing for compelling treatment of diversity in elementary and secondary learning institutions, this Article introduces a new theory of constitutional interpretation vis-&-vis international law. This theory, called metanationalism, rejects Harold Koh's theory of transnationalism and demonstrates that …


Bobbitt, The Rise Of The Market State, And Race, George A. Martinez Jan 2010

Bobbitt, The Rise Of The Market State, And Race, George A. Martinez

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Dna And Due Process, Brandon L. Garrett Jan 2010

Dna And Due Process, Brandon L. Garrett

Fordham Law Review

The U.S. Supreme Court in District Attorney’s Office v. Osborne confronted novel and complex constitutional questions regarding the postconviction protections offered to potentially innocent convicts. Two decades after DNA testing exonerated the first inmate in the United States, the Court heard its first claim by a convict seeking DNA testing that could prove innocence. I argue that, contrary to early accounts, the Court did not reject a constitutional right to postconviction DNA testing. Despite language suggesting the Court would not “constitutionalize the issue” by announcing an unqualified freestanding right, Chief Justice Roberts’s majority opinion proceeded to carefully fashion an important, …


The Humanity Of Law, H. Jefferson Powell Jan 2010

The Humanity Of Law, H. Jefferson Powell

Villanova Law Review

No abstract provided.


Murphy V. Internal Revenue Service, The Meaning Of Income, And Sky-Is-Falling Tax Commentary, Erik M. Jensen Jan 2010

Murphy V. Internal Revenue Service, The Meaning Of Income, And Sky-Is-Falling Tax Commentary, Erik M. Jensen

Case Western Reserve Law Review

No abstract provided.


State Court Standards Of Review For The Right To Keep And Bear Arms, David B. Kopel, Clayton Cramer Jan 2010

State Court Standards Of Review For The Right To Keep And Bear Arms, David B. Kopel, Clayton Cramer

Santa Clara Law Review

No abstract provided.