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Articles 1 - 24 of 24
Full-Text Articles in Constitutional Law
Assisted Dying, Charles Baron
It-Cenit, Horacio M. Lynch, Mauricio Devoto
It-Cenit, Horacio M. Lynch, Mauricio Devoto
Horacio M. LYNCH
En noviembre de 1999, ITCENIT ha publicado un informe que analiza el impacto de las nuevas tecnologías de la información y comunicaciones en la economía de la Argentina. Advierte sobre la oportunidad económica que la Argentina está desaprovechando al no estar preparada para ingresar en la Era de la Información, y del riesgo que corre de quedar notablemente retrasada con respecto a otros países. Este trabajo, resultado de tres años de reflexiones, ha sido especialmente preparado para sugerir ideas al nuevo gobierno que asumía en diciembre de 1999, e incluye una propuesta concreta con el fin de introducir en nuestra …
Assisted Dying, Charles Baron
Nato Action Unwisely Undercuts U.N., C. Peter Erlinder
Nato Action Unwisely Undercuts U.N., C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
The First Amendment Case Againt Fcc Ip Telephony Regulation [Comments], Tuan Samahon
The First Amendment Case Againt Fcc Ip Telephony Regulation [Comments], Tuan Samahon
Tuan Samahon
No abstract provided.
Free Speech, Arthur Lang
Critical Space Theory: Keeping Local Geography In American And European Environmental Law, Robert R.M. Verchick
Critical Space Theory: Keeping Local Geography In American And European Environmental Law, Robert R.M. Verchick
Robert R.M. Verchick
Recently, legal scholars have begun to explore the meaning and significance of geographic space in law within the United States and internationally, a project highlighted in a 1996 Stanford Law Review symposium. Much of this discussion draws implicitly and explicitly on critical legal theory in approaching geographic themes -- suggesting the beginning of what the author calls "Critical Space Theory." This article uses Critical Space Theory to address the legal significance of geography in relation to two environmental issues in the United States and the European Union: (1) transborder waste transportation and (2) judicial standing. Each issue raises questions of …
Impeachment And The Independent Counsel: A Dysfunctional Union, Ken Gormley
Impeachment And The Independent Counsel: A Dysfunctional Union, Ken Gormley
Ken Gormley
No abstract provided.
Tench Coxe And The Right To Keep And Bear Arms, 1787-1823, David B. Kopel
Tench Coxe And The Right To Keep And Bear Arms, 1787-1823, David B. Kopel
David B Kopel
Tench Coxe, a member of the second rank of this nation's Founders and a leading proponent of the Constitution and the Bill of Rights, wrote prolifically about the right to keep and bear arms. In this Article, the authors trace Coxe's story, from his early writings in support of the Constitution, through his years of public service, to his political writings in opposition to the presidential campaigns of John Adams and John Quincy Adams. The authors note that Coxe described the Second Amendment as guaranteeing an individual right, and believed that an individual right to bear arms was necessary for …
All The Way Down The Slippery Slope: Gun Prohibition In England And Some Lessons For Civil Liberties In America, David B. Kopel, Joseph Olson
All The Way Down The Slippery Slope: Gun Prohibition In England And Some Lessons For Civil Liberties In America, David B. Kopel, Joseph Olson
David B Kopel
Whenever civil liberties issues are contested, proponents of greater restrictions often chide civil liberties defenders for being unwilling to offer moderate concessions. Frequently, persons advocating restrictions on civil liberties claim that the "moderate" restriction will not infringe the core civil liberty. When rights advocates raise the "slippery slope" argument, they are criticized for being excessively fearful. The goal of the article is to refine our understanding of "slippery slopes" by examining a case in which a civil liberty really did slide all the way down the slippery slope.
The right to arms in Great Britain was entirely unrestricted at the …
The Emerging Third Strand In Equal Protection Jurisprudence: Recognizing The Co-Constitutive Nature Of Rights And Classes, Julie Nice
Julie A. Nice
This article posits the emergence of a third strand in Equal Protection jurisprudence, one that expands conventional two-strand Equal Protection analysis, which applies heightened scrutiny if a right is fundamental or a class is suspect by treating the interaction between rights and classes as mutually constitutive. This development Professor Nice closely examines a prominent trilogy of “outlier” Supreme Court decisions, Romer v. Evans, Plyler v. Doe, and M.L.B. v. S.L.J., and argues these decisions effectively endorsed a co-constitutive understanding to justify the invalidation of governmental discrimination. In each decision, the Court departed from its conventional focus on a fundamental right …
Victims As Cost Bearers, Richard Adelstein
Victims As Cost Bearers, Richard Adelstein
Richard Adelstein
A brief recasting of the price exaction model.
Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Hutchinson
Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Hutchinson
Darren L Hutchinson
No abstract provided.
Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren Hutchinson
Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren Hutchinson
Darren L Hutchinson
No abstract provided.
The Strength Of Brokenness, Randy Lee
Playing With The Pieces: Postmodernism In The Lawyer's Toolbox, Stephen M. Feldman
Playing With The Pieces: Postmodernism In The Lawyer's Toolbox, Stephen M. Feldman
Stephen M. Feldman
The distinction between modernism and postmodernism in legal scholarship is highly complex. This Essay does not explore this problem in depth but builds on the recognition that most modernist scholars expressly articulate and defend normative values and goals, while postmodern scholars rarely do so. Postmodernists are themselves enmeshed within the structures of scholarly and lawyerly discourse. As such, they must construct narratives and arguments that use the available rhetorical tools of discourse--namely, they must use modernist and postmodernist concepts to present their views. But whereas modernist scholars use similar tools with earnestness, postmodernist scholars use these tools with irony. Postmodernists …
The Origins Of Property And The Powers Of Government, Richard Adelstein
The Origins Of Property And The Powers Of Government, Richard Adelstein
Richard Adelstein
The alternating influence of Locke and Bentham in American constitutional law.
Growing Constitutions, Ruth Gordon
Ethiopian Constitutional Law: The Structure Of The Ethiopian Government And The New Constitution’S Ability To Overcome Ethiopia’S Problems, Ty Twibell
Ty Twibell
Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power
Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power
Robert C Power
No abstract provided.
Book Review, Reflections On A Rose In Its Sixth Season: A Review Of H. Jefferson Powell’S The Moral Tradition Of American Constitutionalism, Randy Lee
Randy Lee
No abstract provided.
New Migration And Racism In Cyprus: The Racialisation Of Migrant Workers, Nicos Trimikliniotis
New Migration And Racism In Cyprus: The Racialisation Of Migrant Workers, Nicos Trimikliniotis
Nicos Trimikliniotis
This paper sets out to examine the processes of racialisation of temporary migrant or 'foreign' labour in Cyprus, a country traditionally exporting migrants but recently transformed into one of hosting migrants. It considers policies and rights relating to migrant workers and examines discourses around migration found in the Greek Cypriot press and magazines. It also examines the role of employers and trade unions in the racialisation of migrant workers. It considers how conceptualisations of ‘race’ and racism, and their interrelation with class, are useful in understanding and explaining the processes by which the people are excluded, inferiorised and exploited.
Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel
Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel
David B Kopel
Sometimes the Bureau of Alcohol, Tobacco and Firearms traces the registered sales history of a gun which was used in a crime, or which has been seized by the police. Traced guns are not representative of the broader universe of crime guns. Accordingly, drawing public policy conclusions based on tracing data is unwise.
Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman
Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman
Floralynn Einesman
No abstract provided.