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Constitutional Law Commons

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2009

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Institution
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Articles 1 - 30 of 540

Full-Text Articles in Constitutional Law

December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz Dec 2009

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 Dec 2009

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 Dec 2009

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 Dec 2009

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.


Brief For The Respondants, Holder V. Humanitarian Law Project, Nos. 08-1498, 09-89 (U.S. Dec. 22, 2009), Neal K. Katyal Dec 2009

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 Dec 2009

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 Dec 2009

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 Dec 2009

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 Dec 2009

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 Dec 2009

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.


December 10. 2009: The New Weirdness, Bruce Ledewitz Dec 2009

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.


A Potent Federal Prosecutorial Tool: Weyhrauch V. United States, James T. Van Strander Dec 2009

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 Dec 2009

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 Dec 2009

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 Dec 2009

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 Dec 2009

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 Dec 2009

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.


Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long Dec 2009

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.


Neo-Orthodoxy In Academic Freedom, J. Peter Byrne Dec 2009

Neo-Orthodoxy In Academic Freedom, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This review essay analyzes two recent books that advance neo-orthodox theories of academic freedom: Matthew Finkin and Robert Post, For the Common Good: Principles of American Academic Freedom, and Stanley Fish, Save the World on Your Own Time. Both books develop principles articulated in the American Association of University Professors 1915 Declaration, which emphasize the role of faculty in advancing knowledge and the need to insulate professional evaluation of academic work from lay, political interference. This review essay defends the return to protection of the scholarly search for truth as the touchstone of academic freedom, offers critiques of the authors’ …


November 29, 2009: The Iranian Bomb, Bruce Ledewitz Nov 2009

November 29, 2009: The Iranian Bomb, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Iranian Bomb“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 25, 2009: Happy Thanksgiving Everyone, Bruce Ledewitz Nov 2009

November 25, 2009: Happy Thanksgiving Everyone, Bruce Ledewitz

Hallowed Secularism

Blog post, “Happy Thanksgiving Everyone“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 23, 2009: A Serious Man, A Serious Movie, Bruce Ledewitz Nov 2009

November 23, 2009: A Serious Man, A Serious Movie, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Serious Man, A Serious Movie“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 21, 2009: The Young Don’T Read The Bible, Bruce Ledewitz Nov 2009

November 21, 2009: The Young Don’T Read The Bible, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Young Don’t Read the Bible“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 18, 2009: The Yale Press Decision Not To Publish The Cartoons Of Muhammad, Bruce Ledewitz Nov 2009

November 18, 2009: The Yale Press Decision Not To Publish The Cartoons Of Muhammad, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Yale Press Decision Not to Publish the Cartoons of Muhammad“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


From Choice To Reproductive Justice: De-Constitutionalizing Abortion Rights, Robin West Nov 2009

From Choice To Reproductive Justice: De-Constitutionalizing Abortion Rights, Robin West

Georgetown Law Faculty Publications and Other Works

The Essay argues that the right to abortion constitutionalized in Roe v. Wade is by some measure at odds with a capacious understanding of the demands of reproductive justice. No matter its rationale, the constitutional right to abortion is fundamentally a negative right that rhetorically keeps the state out of the domain of family life. As such, the decision privatizes not only the abortion decision, but also parenting, by rendering the decision to carry a pregnancy to term a choice. It thereby legitimates a minimalist state response to the problems of pregnant women who carry their pregnancies to term and …


Jones V. Harris Associates: Shareholder Requirements For Proving A Mutual Fund Adviser’S Breach Of Fiduciary Duty, Matthew Rinegar Nov 2009

Jones V. Harris Associates: Shareholder Requirements For Proving A Mutual Fund Adviser’S Breach Of Fiduciary Duty, Matthew Rinegar

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


On Writs Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Holder V. Humanitarian Law Project, Nos. 08-1298, 09-89 (U.S. Nov. 16, 2009), David Cole Nov 2009

On Writs Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Holder V. Humanitarian Law Project, Nos. 08-1298, 09-89 (U.S. Nov. 16, 2009), David Cole

U.S. Supreme Court Briefs

No abstract provided.


November 15, 2009: When Scientists Speak Of God, Bruce Ledewitz Nov 2009

November 15, 2009: When Scientists Speak Of God, Bruce Ledewitz

Hallowed Secularism

Blog post, “When Scientists Speak of God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 11, 2009: No Religious Extremists In The Military, Bruce Ledewitz Nov 2009

November 11, 2009: No Religious Extremists In The Military, Bruce Ledewitz

Hallowed Secularism

Blog post, “No Religious Extremists in the Military“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 13, 2009: How Does A Hallowed Secularist Face Death?, Bruce Ledewitz Nov 2009

November 13, 2009: How Does A Hallowed Secularist Face Death?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Does a Hallowed Secularist Face Death?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.