Constitutional Law Commons

Open Access. Powered by Scholars. Published by Universities.

96 Institutions 8,628 Full-Text Articles 4,981 Authors 2,077,948 Downloads

Recent Articles in Constitutional Law

Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber University of Maryland Francis King Carey School of Law

Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Child, Please – Stop The Anti-Queer School Bullycides: A Modest Proposal To Hoist Social Conservatives By Their Own “God, Guns, And Gays” Petard, David Groshoff University of Maryland Francis King Carey School of Law

Child, Please – Stop The Anti-Queer School Bullycides: A Modest Proposal To Hoist Social Conservatives By Their Own “God, Guns, And Gays” Petard, David Groshoff

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Salazar V. Buono: A Missed Opportunity To Clarify The Reasonable Observer Test, Sumahn Das University of Maryland Francis King Carey School of Law

Salazar V. Buono: A Missed Opportunity To Clarify The Reasonable Observer Test, Sumahn Das

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Muslims In A Secular State: Islamic Law And Constitutions Islam In America University of Maryland Francis King Carey School of Law

Muslims In A Secular State: Islamic Law And Constitutions Islam In America

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?, Deborah L. Meyer University of Maryland Francis King Carey School of Law

The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?, Deborah L. Meyer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


And The Ban Plays On…For Now: Why Courts Must Consider Religion In Marriage Equality Cases, Matthew E. Feinberg University of Maryland Francis King Carey School of Law

And The Ban Plays On…For Now: Why Courts Must Consider Religion In Marriage Equality Cases, Matthew E. Feinberg

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Boumediene V. Bush: Justice Scalia’S Fear Of An Unfamiliar Race And Religion, Scott S. Allen Jr. University of Maryland Francis King Carey School of Law

Boumediene V. Bush: Justice Scalia’S Fear Of An Unfamiliar Race And Religion, Scott S. Allen Jr.

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello University of Maryland Francis King Carey School of Law

A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Gonzales V. Carhart: No Limits To What Congress May Now “Find”, M. Katherine Burgess University of Maryland Francis King Carey School of Law

Gonzales V. Carhart: No Limits To What Congress May Now “Find”, M. Katherine Burgess

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Are You My Mother?: Removing A Gestational Surrogate’S Name From The Birth Certificate In The Name Of Equal Protection, Erin V. Podolny University of Maryland Francis King Carey School of Law

Are You My Mother?: Removing A Gestational Surrogate’S Name From The Birth Certificate In The Name Of Equal Protection, Erin V. Podolny

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell University of Maryland Francis King Carey School of Law

Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy University of Maryland Francis King Carey School of Law

10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Shifting Toward Balance, Not Conservatism: The Court's Interpretation Of The Lemon Test's Legislative Intent Prong And Reaction From The Electorate, Kedrick N. Whitmore University of Maryland Francis King Carey School of Law

Shifting Toward Balance, Not Conservatism: The Court's Interpretation Of The Lemon Test's Legislative Intent Prong And Reaction From The Electorate, Kedrick N. Whitmore

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Eminent Domain: A Legal And Economic Critique, Nadia E. Nedzel, Walter Block University of Maryland Francis King Carey School of Law

Twentieth Century Approaches To Defining Religion: Clifford Geertz And The First Amendment, Barbara Barnett University of Maryland Francis King Carey School of Law

Twentieth Century Approaches To Defining Religion: Clifford Geertz And The First Amendment, Barbara Barnett

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Municipal Liability And Liability Of Supervisors: Litigation Significance Of Recent Trends And Developments, Karen Blum, Celeste Koeleveld, Joel B. Rudin, Martin A. Schwartz Touro College Jacob D. Fuchsberg Law Center

Municipal Liability And Liability Of Supervisors: Litigation Significance Of Recent Trends And Developments, Karen Blum, Celeste Koeleveld, Joel B. Rudin, Martin A. Schwartz

Touro Law Review

"The purpose of this presentation is to examine two recent Supreme Court decisions, Connick v. Thompson and Ashcroft v. Iqbal with an eye to their impact on how lower federal courts will assess such claims in the wake of new constraints imposed by these cases. The focus of the discussion will be on developments in single-incident liability cases after Connick and supervisory liability claims after Iqbal."


Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky Touro College Jacob D. Fuchsberg Law Center

Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky

Touro Law Review

Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.


Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole Touro College Jacob D. Fuchsberg Law Center

Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron Touro College Jacob D. Fuchsberg Law Center

Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron

Touro Law Review

This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.


Property's Constitution, James Y. Stern College of William & Mary Law School

Property's Constitution, James Y. Stern

Faculty Publications

Long-standing disagreements over the definition of property as a matter of legal theory present a special problem in constitutional law. The Due Process and Takings Clauses establish individual rights that can be asserted only if “property” is at stake. Yet the leading cases interpreting constitutional property doctrines have never managed to articulate a coherent general view of property, and in some instances have reached opposite conclusions about its meaning. Most notably, government benefits provided in the form of individual legal entitlements are considered “property” for purposes of due process but not takings doctrines, a conflict the cases acknowledge but do ...