Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law Commons

Open Access. Powered by Scholars. Published by Universities.®

22,970 Full-Text Articles 11,752 Authors 8,759,025 Downloads 210 Institutions

All Articles in Constitutional Law

Faceted Search

22,970 full-text articles. Page 521 of 549.

Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman 2010 Elisabeth Haub School of Law at Pace University

Privacy Revisited: Gps Tracking As Search And Seizure, Bennett L. Gershman

Pace Law Faculty Publications

Part I of this Article discusses the facts in People v. Weaver, the majority and dissenting opinions in the Appellate Division, Third Department, and the majority and dissenting opinions in the Court of Appeals. Part II addresses the question that has yet to be decided by the U.S. Supreme Court – whether GPS tracking of a vehicle by law enforcement constitutes a search under the Fourth Amendment. Part III addresses the separate question that the Court of Appeals did not address - whether the surreptitious attachment of a GPS device to a vehicle constitutes a seizure under the Fourth Amendment. The ...


Habeas Corpus In Times Of Emergency: A Historical And Comparative View, Brian Farrell 2010 University of Iowa College of Law

Habeas Corpus In Times Of Emergency: A Historical And Comparative View, Brian Farrell

Pace International Law Review Online Companion

No abstract provided.


An Illustration Of Hashing And Its Effect On Illegal File Content In The Digital Age, Stephen Hoffman 2010 University of Minnesota - Twin Cities

An Illustration Of Hashing And Its Effect On Illegal File Content In The Digital Age, Stephen Hoffman

Stephen P. Hoffman

I aim to show, through practical examples, that computer forensics techniques such as the use of hash values are inherently flawed in tracking illegal computer files. First, I describe the underlying theory of hashing algorithms and hash values, as well as explain that several U.S. government agencies keep detailed file databases in order to track or detect illegal files, e.g. pirated media or child pornography. These databases include the file’s unique hash values. Then, I provide real examples of hash values using MD5 and SHA-1 hashing algorithms to show how extremely minor alterations to a computer file ...


Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin 2010 University of Pennsylvania

Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin

Craig Martin

There has been little study of the analytical framework employed by the Japanese courts in resolving constitutional claims under the right to be treated as an equal and not be discriminated against. In the Japanese literature the only comparative analysis done focuses on American equal protection jurisprudence. This article examines the development of the equality rights doctrine in the Japanese Supreme Court from the perspective of an increasingly universal “proportionality analysis” approach to rights enforcement, of which the Canadian equality rights jurisprudence is a good example, in contrast to the American approach. This comparative analysis, which begins with a review ...


An Irs Duty Of Consistency: The Failure Of Common Law Making And A Proposed Statutory Solution, Steve R. Johnson 2010 Florida State University College of Law

An Irs Duty Of Consistency: The Failure Of Common Law Making And A Proposed Statutory Solution, Steve R. Johnson

Scholarly Publications

The IRS should endeavor to treat similarly-situated taxpayers similarly, but does this aspiration rise to the level of a judicially enforceable duty? If the IRS takes a position on Taxpayer B that is correct under the law but is inconsistent with a position the IRS took on similarly-situated Taxpayer A, should the IRS’s position on Taxpayer B fail simply because of the inconsistency? These questions implicate important themes, such as fairness, the rule of law, separation of powers, administrative exigencies, the role of common law making in a highly positivistic system, and the sustainability of legal regimes.

A constitutional ...


When Lightning Strikes Back: South Carolina's Return To The Unconstitutional Standardless Capital Sentencing Regime Of The Pre-Furman Era, John H. Blume, Sheri Johnson, Emily C. Paavola, Keir M. Weyble 2010 Cornell Law School

When Lightning Strikes Back: South Carolina's Return To The Unconstitutional Standardless Capital Sentencing Regime Of The Pre-Furman Era, John H. Blume, Sheri Johnson, Emily C. Paavola, Keir M. Weyble

Cornell Law Faculty Publications

No abstract provided.


Is The Filibuster Constitutional?, Josh Chafetz, Michael J. Gerhardt 2010 Cornell Law School

Is The Filibuster Constitutional?, Josh Chafetz, Michael J. Gerhardt

Cornell Law Faculty Publications

With the help of the President, Democrats in Congress were able to pass historic healthcare-reform legislation in spite of - and thanks to - the significant structural obstacles presented by the Senate’s arcane parliamentary rules. After the passage of the bill, the current political climate appears to require sixty votes for the passage of any major legislation, a practice which many argue is unsustainable.

In this Debate, Professors Josh Chafetz and Michael Gerhardt debate the constitutionality of the Senate’s cloture rules by looking to the history of those rules in the United States and elsewhere. Professor Chafetz argues that the ...


Federal Incursions And State Defiance: Punitive Damages In The Wake Of Philip Morris V. Williams, Catherine M. Sharkey 2010 NYU School of Law

Federal Incursions And State Defiance: Punitive Damages In The Wake Of Philip Morris V. Williams, Catherine M. Sharkey

New York University Law and Economics Working Papers

For more than a decade, the United States Supreme Court has intervened in state courts to police outlier punitive damages jury awards. As an interloper in the domain of state common law, the Court walks a fine line. The Court has been forthright about its resolve to restrain what it deems to be grossly excessive punitive damages jury awards, invoking its constitutional authority under the Due Process Clause of the Fourteenth Amendment. At the same time, the Court treads gingerly to avoid trampling upon the legitimate state interests inherent in the award by juries, and subsequent appellate review by state ...


Toward An Unconditional Right To Vote For Persons With Mental Disabilities: Reconciling State Law With Constitutional Gaurantees, Ryan Kelley 2010 Boston College Law School

Toward An Unconditional Right To Vote For Persons With Mental Disabilities: Reconciling State Law With Constitutional Gaurantees, Ryan Kelley

Boston College Third World Law Journal

Casting a ballot is a primary form of community participation in the United States. This exercise provides citizens with a means to safeguard their legal rights and effectuate change. Nevertheless, some citizens, such as people with mental disabilities, are often denied this fundamental right solely based upon their status. These citizens have faced a long history of pernicious discrimination at the hands of their communities, legislators, and even the courts. Yet, social policy has begun to evolve in light of more nuanced understandings of mental disabilities. This knowledge has also spurred the reform of state and federal law. While the ...


Comprehensive Economic Sanctions, The Right To Development, And Constitutionally Impermissible Violations Of International Law, Benjamin Manchak 2010 Boston College Law School

Comprehensive Economic Sanctions, The Right To Development, And Constitutionally Impermissible Violations Of International Law, Benjamin Manchak

Boston College Third World Law Journal

This Comment examines the legality of the comprehensive unilateral embargo imposed by the United States on Cuba within the framework of international law. It argues that, independent of its humanitarian impact or the dubious legality of its extra-jurisdictional components, the comprehensive embargo violates international law because it undermines Cuba’s right to development. International law is, and has always been, a component part of U.S. law—it is enforceable in U.S. courts, it informs judicial interpretation of U.S. statutes, and it guides legislative and executive action in matters of both foreign and domestic policy. In addition to ...


Dynamic Federalism And Patent Law Reform, Xuan-Thao Nguyen 2010 SMU Dedman School of Law

Dynamic Federalism And Patent Law Reform, Xuan-Thao Nguyen

Indiana Law Journal

Patent law is federal law, and the normative approach to patent reform has been top down, looking to Congress and the Supreme Court for changes to the broken and complex patent system. The normative approach thus far has not yielded satisfactory results. This Article challenges the static approach to patent reform and embraces the dynamic-federalism approach that patent reform can be an overlapping of both national and local efforts. Patent reform at the local level is essential as locales can serve as laboratories for changes, vertically compete with national government to reform certain areas of the patent system, and become ...


A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd 2010 Franklin Pierce Law Center

A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd

Indiana Law Journal

For much of our nation's history, the poor have faced pervasive discrimination in the exercise of fundamental rights. Nowhere has the impairment been more severe than in the area of privacy. This Article considers the enduring legacy of this tradition with respect to the Fourth Amendment right to domestic privacy. Far from a matter of receding historical interest, the diminution of the poor's right to privacy has accelerated in recent years and now represents a powerful theme within the jurisprudence of poverty. Triggering this development has been a series of challenges to aggressive administrative practices adopted by localities ...


Albany's Dysfunction Denies Due Process, Eric Lane, Laura Seago 2010 Hofstra University School of Law

Albany's Dysfunction Denies Due Process, Eric Lane, Laura Seago

Pace Law Review

No abstract provided.


A Solution Looking For A Problem: Testimony Before The 2010 Maryland General Assembly On Senate Bill 570/House Bill 986: Campaign Materials – Stockholder Approval, Larry S. Gibson 2010 University of Maryland School of Law

A Solution Looking For A Problem: Testimony Before The 2010 Maryland General Assembly On Senate Bill 570/House Bill 986: Campaign Materials – Stockholder Approval, Larry S. Gibson

Faculty Scholarship

The U.S. Supreme Court in Citizens United v Federal Elections Commission declared unconstitutional under the First Amendment right to freedom of speech federal statutory limitations on corporate political expenditures. Before Citizens United, Maryland was already among the 26 states that permitted corporations to make direct political contributions and to make independent political expenditures. Consequently, Citizens United did not change Maryland election law and practice. The Maryland General Assembly has steadfastly resisted efforts to change the Maryland approach. Over the past several years, the General Assembly has repeatedly rejected bills that would have banned political contributions by business entities. Many ...


“Sexting” And The First Amendment, John A. Humbach 2010 Elisabeth Haub School of Law at Pace University

“Sexting” And The First Amendment, John A. Humbach

Pace Law Faculty Publications

“Sexting” and other teen autopornography are becoming a widespread phenomenon, with perhaps 20% of teenagers admitting to producing nude or semi-nude pictures of themselves and an ever greater proportion, perhaps as many as 50%, having received such pictures from friends and classmates. It is, moreover, beginning to result in criminal prosecutions. Given the reality of changing social practices, mores and technology utilization, today’s pornography laws are a trap for unwary teens and operate, in effect, to criminalize a large fraction of America’s young people. As such, these laws and prosecutions represent a stark example of the contradictions that ...


The Exxon Valdez Litigation Marathon: A Window On Punitive Damages, Catherine M. Sharkey 2010 NYU School of Law

The Exxon Valdez Litigation Marathon: A Window On Punitive Damages, Catherine M. Sharkey

New York University Law and Economics Working Papers

The Exxon Valdez litigation marathon - a protracted, two-decade-long battle over the propriety and constitutionality of the jury’s $5 billion punitive damages award - provides a window into the past, present, and future of punitive damages. Acting akin to a common law court under federal admiralty jurisdiction, the U.S. Supreme Court provided a template for lower courts to follow. Free of constitutional constraints, the Court diagnoses the problem with punitive damages - unpredictability - and propose a solution: a 1:1 ratio of punitive to compensatory damages. The flaws in the Court’s statistical analysis provide a reminder that those “unsophisticated in ...


Federal Incursions And State Defiance: Punitive Damages In The Wake Of Philip Morris V. Williams, Catherine M. Sharkey 2010 NYU School of Law

Federal Incursions And State Defiance: Punitive Damages In The Wake Of Philip Morris V. Williams, Catherine M. Sharkey

New York University Public Law and Legal Theory Working Papers

For more than a decade, the United States Supreme Court has intervened in state courts to police outlier punitive damages jury awards. As an interloper in the domain of state common law, the Court walks a fine line. The Court has been forthright about its resolve to restrain what it deems to be grossly excessive punitive damages jury awards, invoking its constitutional authority under the Due Process Clause of the Fourteenth Amendment. At the same time, the Court treads gingerly to avoid trampling upon the legitimate state interests inherent in the award by juries, and subsequent appellate review by state ...


The Exxon Valdez Litigation Marathon: A Window On Punitive Damages, Catherine M. Sharkey 2010 NYU School of Law

The Exxon Valdez Litigation Marathon: A Window On Punitive Damages, Catherine M. Sharkey

New York University Public Law and Legal Theory Working Papers

The Exxon Valdez litigation marathon - a protracted, two-decade-long battle over the propriety and constitutionality of the jury’s $5 billion punitive damages award - provides a window into the past, present, and future of punitive damages. Acting akin to a common law court under federal admiralty jurisdiction, the U.S. Supreme Court provided a template for lower courts to follow. Free of constitutional constraints, the Court diagnoses the problem with punitive damages - unpredictability - and propose a solution: a 1:1 ratio of punitive to compensatory damages. The flaws in the Court’s statistical analysis provide a reminder that those “unsophisticated in ...


Equal Access And The Right To Marry, Nelson Tebbe, Deborah A. Widiss 2010 Cornell Law School

Equal Access And The Right To Marry, Nelson Tebbe, Deborah A. Widiss

Cornell Law Faculty Publications

How should courts think about the right to marry? This is a question of principle, of course, but it has also become a matter of litigation strategy for advocates challenging different-sex marriage requirements across the country. We contend that courts and commentators have largely overlooked the strongest argument in support of a constitutional right to marry. In our view, the right to marry is best conceptualized as a matter of equal access to government support and recognition and the doctrinal vehicle that most closely matches the structure of the right can be found in the fundamental interest branch of equal ...


Lethal Discrimination 2: Repairing The Remedies For Racial Discrimination In Capital Sentencing, J. Thomas Sullivan 2010 University of Arkansas at Little Rock William H. Bowen School of Law

Lethal Discrimination 2: Repairing The Remedies For Racial Discrimination In Capital Sentencing, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Digital Commons powered by bepress