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Articles 1 - 30 of 973
Full-Text Articles in Constitutional Law
Appointed To Three Year Term On Finance Committee Of The Town Of Westport, Massachusetts, Charles Baron
Appointed To Three Year Term On Finance Committee Of The Town Of Westport, Massachusetts, Charles Baron
Charles H. Baron
No abstract provided.
Elected To The Board Of Directors Of The Westport River Watershed Alliance, Charles Baron
Elected To The Board Of Directors Of The Westport River Watershed Alliance, Charles Baron
Charles H. Baron
No abstract provided.
Transnational Law In Support Of Science; Science In Support Of Transnational Law, Charles Baron
Transnational Law In Support Of Science; Science In Support Of Transnational Law, Charles Baron
Charles H. Baron
No abstract provided.
December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz
December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz
Hallowed Secularism
Blog post, “Predictions for the Next Decade“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Padilla V. Kentucky: Immigration Consequences Due To The Ineffective Assistance Of Counsel, Evangeline Pittman
Padilla V. Kentucky: Immigration Consequences Due To The Ineffective Assistance Of Counsel, Evangeline Pittman
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
December 27, 2009: As Christmas Goes, So Goes The Nation, Bruce Ledewitz
December 27, 2009: As Christmas Goes, So Goes The Nation, Bruce Ledewitz
Hallowed Secularism
Blog post, “As Christmas Goes, So Goes the Nation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Summary Of Stephens Media V. Dist. Court, 125 Nev. Adv. Op. No. 63, John L. Ward
Summary Of Stephens Media V. Dist. Court, 125 Nev. Adv. Op. No. 63, John L. Ward
Nevada Supreme Court Summaries
Review of a motion regarding two issues of first impression: (1) determining whether petitioners met the proper procedure whereby the press may file a motion to intervene in a criminal case when seeking access to juror questionnaires, and (2) whether district courts must publicly disclose juror questionnaires.
Separation Of Santa And State Is Smart, Fair, Alan E. Garfield
Separation Of Santa And State Is Smart, Fair, Alan E. Garfield
Alan E Garfield
No abstract provided.
Brief For The Respondants, Holder V. Humanitarian Law Project, Nos. 08-1498, 09-89 (U.S. Dec. 22, 2009), Neal K. Katyal
Brief For The Respondants, Holder V. Humanitarian Law Project, Nos. 08-1498, 09-89 (U.S. Dec. 22, 2009), Neal K. Katyal
U.S. Supreme Court Briefs
No abstract provided.
December 20, 2009: Does A Hallowed Secularist Send Chanukah Gifts?, Bruce Ledewitz
December 20, 2009: Does A Hallowed Secularist Send Chanukah Gifts?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Does a Hallowed Secularist Send Chanukah Gifts?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 18, 2009: Outrageous Breach Of Wall Of Separation As Rabbis Urge Lieberman To Support Health Care Reform, Bruce Ledewitz
December 18, 2009: Outrageous Breach Of Wall Of Separation As Rabbis Urge Lieberman To Support Health Care Reform, Bruce Ledewitz
Hallowed Secularism
Blog post, “Outrageous Breach of Wall of Separation as Rabbis Urge Lieberman to Support Health Care Reform“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 16, 2009: The Fight For Chanukah, Bruce Ledewitz
December 16, 2009: The Fight For Chanukah, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Fight for Chanukah“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Unto This Very Purpose, Neal A. Maxwell
Unto This Very Purpose, Neal A. Maxwell
Vol. 2: Service & Integrity
This Founders Day address was given to the J. Reuben Clark Law Society at Little America Hotel in Salt Lake City on September 4, 2003.
December 13, 2009: Time To Buy An American Car, Bruce Ledewitz
December 13, 2009: Time To Buy An American Car, Bruce Ledewitz
Hallowed Secularism
Blog post, “Time to Buy an American Car“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Three Strikes And You're Outside The Constitution: Will The Guantanamo Bay Alien Detainees Be Granted Fundamental Due Process?, Michael Greenberger
Three Strikes And You're Outside The Constitution: Will The Guantanamo Bay Alien Detainees Be Granted Fundamental Due Process?, Michael Greenberger
Michael Greenberger
The United States Supreme Court has agreed to take up its first case arising from the War on Terror by hearing the consolidated appeals of two groups of foreign aliens who are or who had been detained at the United States Guantanamo Bay Naval Base, Cuba: Rasul v. Bush (No. 03-334) and Al Odah v. United States (No. 03-343). The cases stem from the United States' capture of several hundred prisoners in Afghanistan and Pakistan and their subsequent imprisonment at Guantanamo Bay. The prison began operation in January 2002, and approximately 90 detainees have been freed up to this time, …
December 10. 2009: The New Weirdness, Bruce Ledewitz
December 10. 2009: The New Weirdness, Bruce Ledewitz
Hallowed Secularism
Blog post, “The New Weirdness“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Price Of Fame: Brown As Celebrity, Mark Graber
The Price Of Fame: Brown As Celebrity, Mark Graber
Mark Graber
This essay examines the history of Brown I, Brown II, and Bolling in the Supreme Court of the United States. Enduring precedents, the analysis suggests, go through three stages. In the first stage, they fight for survival. This describes Brown during the first decade after that decision was handed down. No Supreme Court Justice asserted, “Brown should be overruled,” but many citations to Brown came in the context of political efforts to reverse or marginalize that decision. In the second stage, precedents fight for extension. This describes Brown in the later Warren and Burger years. Civil rights activists insisted that …
Running Cars, Constitutions And Metaphors Into The Ground, Mark A. Graber
Running Cars, Constitutions And Metaphors Into The Ground, Mark A. Graber
Mark Graber
Professor Sanford Levinson frequently analogizes the Constitution of the United States to a vehicle that desperately needs repairs. “[R]elying on the present Constitution.” he writes, “is similar to driving a car with very bad brakes and slick tires.” Much commentary on Our Undemocratic Constitution implicitly challenges the automotive metaphor. The Constitution of the United States, supporters profess, is not really as bad as Levinson would have us believe. The following pages take a road less traveled. Ancient constitutional institutions in the United States are suffering from severe wear and tear. Nevertheless, decisions to drive a comparatively unsafe car are often …
A Potent Federal Prosecutorial Tool: Weyhrauch V. United States, James T. Van Strander
A Potent Federal Prosecutorial Tool: Weyhrauch V. United States, James T. Van Strander
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
December 8, 2009: Are Religious Politics “Undemocratic”?, Bruce Ledewitz
December 8, 2009: Are Religious Politics “Undemocratic”?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Are Religious Politics “Undemocratic”?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Lodestar Ranger: Calculating Attorneys’ Fee Awards In Perdue V. Kenny A., Rebecca Friedman
The Lodestar Ranger: Calculating Attorneys’ Fee Awards In Perdue V. Kenny A., Rebecca Friedman
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
December 5, 2009: Charles Taylor And The Future Of Secularism, Bruce Ledewitz
December 5, 2009: Charles Taylor And The Future Of Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Charles Taylor and the Future of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Nothing But A Northern Lynching: The Death Of Fred Hampton Revisited, Susan Rutberg
Nothing But A Northern Lynching: The Death Of Fred Hampton Revisited, Susan Rutberg
Publications
No abstract provided.
December 2, 2009: Is Islam Different?, Bruce Ledewitz
December 2, 2009: Is Islam Different?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Islam Different?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Limits Of Executive Power, Robert J. Reinstein
The Limits Of Executive Power, Robert J. Reinstein
American University Law Review
Justice Jackson’s concurring opinion in The Steel Seizure Case has taken on iconic status among legal scholars and had been adopted by the Supreme Court as the governing framework for evaluating presidential power. But Jackson’s principles are conclusory, do not rest on any historical foundation, and raise as many questions as they answer. He fails to examine, much less justify, the existence or scope of implied presidential powers, nor does he meaningfully explain the extent to which those powers are subject to congressional regulation and override. I apply novel originalist methodologies to answer those unexamined questions, with important consequences to …
Turning The Faucet Back On: The Future Of Mccain-Feingold's Soft-Money Ban After Davis V. Federal Election Commission, Kevin J. Madden
Turning The Faucet Back On: The Future Of Mccain-Feingold's Soft-Money Ban After Davis V. Federal Election Commission, Kevin J. Madden
American University Law Review
No abstract provided.
Penalizing Poverty: Making Criminal Defendants Pay For Their Court-Appointed Counsel Through Recoupment And Contribution, Helen A. Anderson
Penalizing Poverty: Making Criminal Defendants Pay For Their Court-Appointed Counsel Through Recoupment And Contribution, Helen A. Anderson
University of Michigan Journal of Law Reform
Over thirty years ago the United States Supreme Court upheld an Oregon statute that allowed sentencing courts, with a number of important procedural safeguards, to impose on indigent criminal defendants the obligation to repay the cost of their court appointed attorneys. The practice of ordering recoupment or contribution (application fees or co-pays) of public defender attorney's fees is widespread, although collection rates are unsurprisingly low. Developments since the Court's decision in Fuller v. Oregon show that not only is recoupment not cost-effective, but it too easily becomes an aspect of punishment, rather than legitimate cost recovery. In a number of …
Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long
Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long
Law Faculty Research Publications
Professor Lani Guinier and others have recently developed a theory called "demosprudence" that explains the democracy-enhancing potential of certain types of US. Supreme Court dissents. Separately, state constitutionalists have described state constitutions' capacity to offer a base of resistance against the U.S. Supreme Court's narrow conception of individual rights. Applying these two seemingly unrelated theories to school desegregation litigation in Connecticut and to same-sex marriage litigation in Iowa, this Essay suggests that certain state constitutional decisions might function like U.S. Supreme Court dissents to enhance democratic activism. In this way, interactive federalism might usefully serve as a category of demosprudence.
Religiosidad, Democracia, Laicismo, Antonio-Carlos Pereira-Menaut
Religiosidad, Democracia, Laicismo, Antonio-Carlos Pereira-Menaut
Antonio-Carlos Pereira-Menaut
In the discussion on religion-democracy-secularism, several Catholic authors make some mistakes. Firstly, they accept a historical «mea culpa» that is not always well founded, and they accept to discuss on State’s terms. They also indulge in «Eurocentrism», and undervalue certain factors in the conflict: the State’s «vocation of Church», Sovereignty, the displacement of politics towards what is personal and the loss of public validity of three important visions: the specific nature of politics, the basic agreement, and the general legal mass of rules and fundamental principles.
Chinese Judicial Pattern: Tradition And Reform(中国的司法模式：传统与改革), Meng Hou
Chinese Judicial Pattern: Tradition And Reform(中国的司法模式：传统与改革), Meng Hou
Hou Meng
No abstract provided.