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Articles 61 - 71 of 71
Full-Text Articles in Constitutional Law
Why Transgender Children Should Have The Right To Block Their Own Puberty With Court Authorization, Federica Vergani
Why Transgender Children Should Have The Right To Block Their Own Puberty With Court Authorization, Federica Vergani
FIU Law Review
No abstract provided.
Adequate Education: The Disregarded Fundamental Right And The Resurgence Of Segregation Of Public Schools, Neubia L. Harris
Adequate Education: The Disregarded Fundamental Right And The Resurgence Of Segregation Of Public Schools, Neubia L. Harris
Mitchell Hamline Law Review
No abstract provided.
A Masterpiece Of Simplicity: Toward A Yoderian Free Exercise Framework For Wedding-Vendor Cases, Austin Rogers
A Masterpiece Of Simplicity: Toward A Yoderian Free Exercise Framework For Wedding-Vendor Cases, Austin Rogers
Marquette Law Review
The Free Exercise Clause was enacted to protect diverse modes of religious
practice. Yet certain expressions of free exercise have entailed concomitant
harm to those outside the religious community, especially LGBTQ persons.
This trend has been acutely present in the recent onslaught of wedding-vendor
cases: LGBTQ persons seek the enforcement of statutorily protected rights,
while religious objectors seek refuge from state intrusion under constitutional
shelter. Consequently, wedding-vendor cases present an area of law in which
free-exercise jurisprudence and anti-discrimination jurisprudence have been
clashing.
However, despite the primacy of religious freedom and equal protection in
American jurisprudence, courts analyze wedding-vendor cases …
How To Get Away With Murder: The “Gay Panic” Defense, Omar T. Russo
How To Get Away With Murder: The “Gay Panic” Defense, Omar T. Russo
Touro Law Review
No abstract provided.
"No Person . . . Shall Ever Be Molested On Account Of His Mode Of Worship Or Religious Sentiments . . . .": The Northwest Ordinance Of 1787 And Strader V. Graham, Allan W. Vestal
Marquette Law Review
The Article looks at the first article of compact of the Northwest Ordinance,
the religious liberty guarantee: “No person . . . shall ever be molested on
account of his mode of worship or religious sentiments . . . .” Congress
provided that the Northwest Ordinance articles of compact would “forever
remain unalterable.” But in a fugitive slave case from 1851, Strader v. Graham,
Chief Justice Roger Taney declared the articles of compact to be no longer in
force.
In evaluating Chief Justice Taney’s reasoning, the question posed at the
dawn of the 20th Century by historian Professor Andrew McLaughlin …
Examining The Unconstitutionality Of Dilution By Tarnishment After Tam, Ryder Hogan
Examining The Unconstitutionality Of Dilution By Tarnishment After Tam, Ryder Hogan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
From Poverty To Personhood: Gideon Unchained, Ken Strutin
From Poverty To Personhood: Gideon Unchained, Ken Strutin
Mitchell Hamline Law Review
No abstract provided.
“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg
“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg
FIU Law Review
No abstract provided.
Warrantless Searches Of Electronic Devices At U.S. Borders: Securing The Nation Or Violating Digital Liberty?, Ahad Khilji
Warrantless Searches Of Electronic Devices At U.S. Borders: Securing The Nation Or Violating Digital Liberty?, Ahad Khilji
Catholic University Journal of Law and Technology
The steady increase of U.S. citizens traveling with smart phones and other electronic devices has been met with the rise of searches and seizures by CBP officers at U.S borders. Although only less than 0.1% of all travelers may actually be subjected to a search while entering the United States, when comparing the statistics between a six month period in 2016 with the same period in 2017, electronic device searches have almost doubled from 8,383 to 14,993. Approximately one million travelers to the U.S. are inspected by the CBP every day. Out of this population, nearly 2,500 electronic devices are …
The New Impartial Jury Mandate, Richard Lorren Jolly
The New Impartial Jury Mandate, Richard Lorren Jolly
Michigan Law Review
Impartiality is the cornerstone of the Constitution’s jury trial protections. Courts have historically treated impartiality as procedural in nature, meaning that the Constitution requires certain prophylactic procedures that secure a jury that is more likely to reach verdicts impartially. But in Peña- Rodriguez v. Colorado, 137 S. Ct. 855 (2017), the Supreme Court recognized for the first time an enforceable, substantive component to the mandate. There, the Court held that criminal litigants have a Sixth Amendment right to jury decisions made without reliance on extreme bias, specifically on the basis of race or national origin. The Court did not …
Article Ii And Antidiscrimination Norms, Aziz Z. Huq
Article Ii And Antidiscrimination Norms, Aziz Z. Huq
Michigan Law Review
The Supreme Court’s opinion in Trump v. Hawaii validated a prohibition on entry to the United States from several Muslim-majority countries and at the same time repudiated a longstanding precedent associated with the Japanese American internment of World War II. This Article closely analyzes the relationship of these twin rulings. It uses their dichotomous valences as a lens on the legal scope for discriminatory action by the federal executive. Parsing the various ways in which the internment of the 1940s and the 2017 exclusion order can be reconciled, the Article identifies a tension between the Court’s two holdings in Trump …