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Articles 31 - 60 of 540
Full-Text Articles in Constitutional Law
Freedom Of Speech And Contempt By Scandalizing The Court In Singapore, Jack Tsen-Ta Lee
Freedom Of Speech And Contempt By Scandalizing The Court In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
The offence of scandalizing the court, a form of contempt of court, is regarded as obsolete in the United Kingdom. However, it continues to be imposed in other Commonwealth nations and remains very much alive in Singapore, having been applied in a crop of cases between 2006 and 2009. This short commentary examines one of these cases, Attorney-General v Hertzberg and others [2009] 1 Singapore Law Reports 1103, which has generated worldwide interest as it arose out of articles published in the Wall Street Journal Asia. In Hertzberg, the High Court of Singapore held that utterances by an alleged contemnor …
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
All Faculty Scholarship
By taking their seats at “whites only” lunch counters across the South in the spring of 1960, African American students not only launched a dramatic new stage in the civil rights movement, they also sparked a national reconsideration of the scope of the constitutional equal protection requirement. The critical constitutional question raised by the sit-in movement was whether the Fourteenth Amendment, which after Brown v. Board of Education (1954) prohibited racial segregation in schools and other state-operated facilities, applied to privately owned accommodations open to the general public. From the perspective of the student protesters, the lunch counter operators, and …
November 8, 2009: The Role Of Religion In Building Coalitions Over Healthcare, Bruce Ledewitz
November 8, 2009: The Role Of Religion In Building Coalitions Over Healthcare, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Role of Religion in Building Coalitions Over Healthcare“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 6, 2009: Hopeful Signs In The Vote In Maine, Bruce Ledewitz
November 6, 2009: Hopeful Signs In The Vote In Maine, Bruce Ledewitz
Hallowed Secularism
Blog post, “Hopeful Signs in the Vote in Maine“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Displacement, Timothy Zick
Death Behind Bars: Examining Juvenile Life Without Parole In Sullivan V. Florida And Graham V. Florida, Lauren Fine
Death Behind Bars: Examining Juvenile Life Without Parole In Sullivan V. Florida And Graham V. Florida, Lauren Fine
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Prioritizing Professional Responsibility And The Legal Profession: A Preview Of The United States Supreme Court’S 2009–2010 Term, Renee Newman Knake
Prioritizing Professional Responsibility And The Legal Profession: A Preview Of The United States Supreme Court’S 2009–2010 Term, Renee Newman Knake
Duke Journal of Constitutional Law & Public Policy Sidebar
This term, the Supreme Court is scheduled to hear ten cases on the role of attorneys and the practice of law. In doing so, the Court is departing from its normal practice of hearing two, or at most three, cases on professional responsibility. Prof. Renee Knake of Michigan State University College of Law reviews the professional responsibility cases on the Court's docket and examines how they could influence the practice of law.
November 3, 2009: More Calls For Believers To Translate Their Beliefs, Bruce Ledewitz
November 3, 2009: More Calls For Believers To Translate Their Beliefs, Bruce Ledewitz
Hallowed Secularism
Blog post, “More Calls for Believers to Translate Their Beliefs“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The 'Principal' Reason Why The Pcaob Is Unconstitutional, Gary S. Lawson
The 'Principal' Reason Why The Pcaob Is Unconstitutional, Gary S. Lawson
Faculty Scholarship
The Constitution creates very few federal offices. It creates the House and Senate,1 the Speaker of the House2 and the President pro tempore of the Senate,3 the President,4 the Vice President,5 and the Supreme Court6--and that is it. The Constitution clearly contemplates that there will be other federal “Officers,” who the President must commission7 and who Congress may impeach and remove,8 but the document does not itself create those positions. Instead, it provides general authorization to Congress (in conjunction with the President's presentment power9 and the Vice President's modest voting …
October 31, 2009: The Debate Over The Future Of Secularism, Bruce Ledewitz
October 31, 2009: The Debate Over The Future Of Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Debate Over the Future of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 20, 2009: Are Secularists As Good As Believers?, Bruce Ledewitz
October 20, 2009: Are Secularists As Good As Believers?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Are Secularists as Good as Believers?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Constitutional Solipsism: Toward A Thick Doctrine Of Article Iii Duty; Or Why The Federal Circuits’ Nonprecedential Status Rules Are (Profoundly) Unconstitutional, Penelope J. Pether
Constitutional Solipsism: Toward A Thick Doctrine Of Article Iii Duty; Or Why The Federal Circuits’ Nonprecedential Status Rules Are (Profoundly) Unconstitutional, Penelope J. Pether
Working Paper Series
Constitutional Solipsism is the fourth in a series of articles on aspects of the private judging practices which have come to characterize the U.S. state and federal courts since the late 1950s. The first, Inequitable Injunctions: The Scandal of Private Judging in the U.S. Courts, 56 STAN. L. REV. 1435 (2004) gave a critical historical account of the development of the “practices of private judging” in U.S. Courts. Take a Letter, Your Honor: Outing the Judicial Epistemology of Hart v. Massanari, 62 WASH. & LEE L. REV. 1553 (2005), analyzed the development of a distinctive U.S. theory of precedent. Sorcerers, …
Cruelty, Prison Conditions, And The Eighth Amendment, Sharon Dolovich
Cruelty, Prison Conditions, And The Eighth Amendment, Sharon Dolovich
Georgetown Law Faculty Publications and Other Works
The Eighth Amendment prohibits cruel and unusual punishment, but its normative force derives chiefly from its use of the word cruel. For this prohibition to be meaningful in a society where incarceration is the primary mode of criminal punishment, it is necessary to determine when prison conditions are cruel. Yet the Supreme Court has thus far avoided this question, instead holding in Farmer v. Brennan that unless some prison official actually knew of and disregarded a substantial risk of serious harm to prisoners, prison conditions are not “punishment” within the meaning of the Eighth Amendment. Farmer’s reasoning, however, does not …
October 25, 2009: Secularism Is Growing; But What Kind Of Secularism?, Bruce Ledewitz
October 25, 2009: Secularism Is Growing; But What Kind Of Secularism?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Secularism Is Growing; But What Kind of Secularism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 23, 2009: Why Does The New Atheism Fail?, Bruce Ledewitz
October 23, 2009: Why Does The New Atheism Fail?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Does the New Atheism Fail?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 18, 2009: Where Does Relativism Come From?, Bruce Ledewitz
October 18, 2009: Where Does Relativism Come From?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Where Does Relativism Come From?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 16, 2009: Higher Law In The Public Square Meets The High School Cheerleader, Bruce Ledewitz
October 16, 2009: Higher Law In The Public Square Meets The High School Cheerleader, Bruce Ledewitz
Hallowed Secularism
Blog post, “Higher Law in the Public Square Meets the High School Cheerleader“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 12, 2009: Steve Waldman Doesn't Get The Cross, Bruce Ledewitz
October 12, 2009: Steve Waldman Doesn't Get The Cross, Bruce Ledewitz
Hallowed Secularism
Blog post, “Steve Waldman Doesn't Get the Cross“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 10, 2009: President Obama's Nobel Peace Prize, Bruce Ledewitz
October 10, 2009: President Obama's Nobel Peace Prize, Bruce Ledewitz
Hallowed Secularism
Blog post, “President Obama's Nobel Peace Prize“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 7, 2009: The Temptations Of Standing, Bruce Ledewitz
October 7, 2009: The Temptations Of Standing, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Temptations of Standing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 4, 2009: I Left Judaism Because I Am Ross Douthat And Not Karen Armstrong, Bruce Ledewitz
October 4, 2009: I Left Judaism Because I Am Ross Douthat And Not Karen Armstrong, Bruce Ledewitz
Hallowed Secularism
Blog post, “I Left Judaism Because I am Ross Douthat and not Karen Armstrong“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Section 5: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Brief Of Eleven Law Professors And Aarp As Amici Curiae In Support Of Respondent, Bilski V. Kappos, 130 S. Ct. 3218 (2010) (No. 08-964), Joshua Sarnoff, Lori Andrews, Andrew Chin, Ralph Clifford, Christine Farley, Sean Flynn, Debra Greenfield, Peter Jaszi, Charles Mcmanis, Lateef Mtima, Malla Pollack
Brief Of Eleven Law Professors And Aarp As Amici Curiae In Support Of Respondent, Bilski V. Kappos, 130 S. Ct. 3218 (2010) (No. 08-964), Joshua Sarnoff, Lori Andrews, Andrew Chin, Ralph Clifford, Christine Farley, Sean Flynn, Debra Greenfield, Peter Jaszi, Charles Mcmanis, Lateef Mtima, Malla Pollack
Amicus Briefs
This is the brief filed by Joshua Sarnoff and Barbara Jones on behalf of various law professors and AARP in the Bilski v. Kappos case, discussing constitutional limits to the Patent power.
October 2, 2009: Higher Law In The Public Square, Bruce Ledewitz
October 2, 2009: Higher Law In The Public Square, Bruce Ledewitz
Hallowed Secularism
Blog post, “Higher Law in the Public Square“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler
All Faculty Scholarship
In 1764, Cesare Beccaria, a 26-year-old Italian criminologist, penned On Crimes and Punishments. That treatise spoke out against torture and made the first comprehensive argument against state-sanctioned executions. As we near the 250th anniversary of its publication, law professor John Bessler provides a comprehensive review of the abolition movement from before Beccaria's time to the present. Bessler reviews Beccaria's substantial influence on Enlightenment thinkers and on America's Founding Fathers in particular. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in international law towards the death penalty's abolition. It then discusses …
Ineffective Assistance Of Counsel And The U.S. Supreme Court: History And Development Of A Constitutional Standard, Virginia Hatch
Ineffective Assistance Of Counsel And The U.S. Supreme Court: History And Development Of A Constitutional Standard, Virginia Hatch
Criminal Justice Graduate Projects and Theses
The purpose of this research project is to complete an exhaustive review of the U.S. Supreme Court cases in which the Court ruled on ineffective assistance of counsel (IAC) claims. The cases are examined to study how the Supreme Court has interpreted the constitutional right to effective counsel. Further, I examined how the standard for judging IAC claims has evolved since its first recognition by the Supreme Court. There are 46 decisions by the Court that address IAC claims. In addition to reviewing the case law, relevant law reviews and social science academic journal articles are examined and incorporated in …
The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz
The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz
Nebraska State Constitution
No abstract provided.
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
Faculty Publications and Presentations
This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother's former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …
Speak Clearly And Carry A Big Stock Of Dollar Reserves: Sovereign Risk, Ideology, And Presidential Elections In Argentina, Brazil, Mexico, And Venezuela, Anthony Petros Spanakos, Lucio Remuzat Renno Junior
Speak Clearly And Carry A Big Stock Of Dollar Reserves: Sovereign Risk, Ideology, And Presidential Elections In Argentina, Brazil, Mexico, And Venezuela, Anthony Petros Spanakos, Lucio Remuzat Renno Junior
Department of Political Science and Law Faculty Scholarship and Creative Works
Partisan theories of political economy expect that bondholders will panic with the election of a left-wing presidential candidate. The latter seems to be what happened in Brazil in the 2002 presidential elections. However, quantitative analysis of perceptions of sovereign credit risk in Argentine, Brazilian, Mexican, and Venezuelan presidential elections from 1994 until 2007 shows no real evidence of a link between partisanship and perceptions of risk, even if the left-right divide is further broken down into left, center-left, center-right, right. Instead, international and domestic economic fundamentals have a stronger influence on risk evaluations. Qualitative analysis of the individual presidential elections …
Contingent Constitutionalism: State And Local Criminal Laws And The Applicability Of Federal Constitutional Rights, Wayne A. Logan
Contingent Constitutionalism: State And Local Criminal Laws And The Applicability Of Federal Constitutional Rights, Wayne A. Logan
Scholarly Publications
Americans have long been bound by a shared sense of constitutional commonality, and the Supreme Court has repeatedly condemned the notion that federal constitutional rights should be allowed to depend on distinct state and local legal norms. In reality, however, federal rights do indeed vary, and they do so as a result of their contingent relationship to the diversity of state and local laws on which they rely. Focusing on criminal procedure rights in particular, this Article examines the benefits and detriments of constitutional contingency, and casts in new light many enduring understandings of American constitutionalism, including the effects of …