Crying Wolfish: The Upcoming Challenge To Blanket Strip-Search Policies In Florence V. Board Of Chosen Freeholders, 2011 Duke Law
Crying Wolfish: The Upcoming Challenge To Blanket Strip-Search Policies In Florence V. Board Of Chosen Freeholders, Aaron Johnson
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Sacrifice And Sacred Honor: Why The Constitution Is A "Suicide Pact", 2011 William & Mary Law School
Sacrifice And Sacred Honor: Why The Constitution Is A "Suicide Pact", Peter Brandon Bayer
William & Mary Bill of Rights Journal
Most legal scholars and elected officials embrace the popular cliché that “the Constitution is not a suicide pact.” Typically, those commentators extol the “Constitution of necessity,” the supposition that Government, essentially the Executive, may take any action—may abridge or deny any fundamental right—to alleviate a sufficiently serious national security threat. The “Constitution of necessity” is wrong. This Article explains that strict devotion to the “fundamental fairness” principles of the Constitution’s Due Process Clauses is America’s utmost legal and moral duty, surpassing all other considerations, even safety, security and survival.
The analysis begins with the most basic premises: the definition of …
Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, 2011 William & Mary Law School
Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino
William & Mary Bill of Rights Journal
Student expressive association on campus is a thorny thicket. Student affinity groups often choose to organize around a shared principle or characteristic of the groups’ members, which, by definition, makes those students different in some way from their peers. In order to preserve the group’s sense of uniqueness, these groups often then wish to control their own membership and voting policies. They feel, in essence, entitled to discriminate—a right arguably embodied by the First Amendment freedom of expressive association. When campus groups actually exercise this right, however, they run into university antidiscrimination policies, which can cost them official campus recognition. …
All A Twitter: Social Networking, College Athletes, And The First Amendment, 2011 William & Mary Law School
All A Twitter: Social Networking, College Athletes, And The First Amendment, Davis Walsh
William & Mary Bill of Rights Journal
No abstract provided.
The "Padilla Advisory" And Its Implications Beyond The Immigration Context, 2011 William & Mary Law School
The "Padilla Advisory" And Its Implications Beyond The Immigration Context, Hanh H. Le
William & Mary Bill of Rights Journal
No abstract provided.
“Reasoning-Lite” In The Violent Video Game Case, 2011 Widener Law
“Reasoning-Lite” In The Violent Video Game Case, Alan Garfield
Alan E Garfield
One might have expected that the Supreme Court’s recent decision in the violent video game case, Brown v. Entertainment Merchants Ass’n, would have been a thoughtful balancing of society’s competing interests in protecting freedom of speech and protecting children from harm. After all, the Supreme Court had held decades earlier that the government could deny minors access to soft-porn, or what the Court called “girlie magazines.” So one could have assumed the Court would seriously consider California’s claim that minors also needed sheltering from the grittier world of violent video game rapes, beheadings, and ethnic cleansings. Yet, as Justice Scalia’s …
¿Puede La Fe Aportar Algo Al Derecho? La Respuesta De La Teología Jurídica, 2011 Universidad de los Hemisferios
¿Puede La Fe Aportar Algo Al Derecho? La Respuesta De La Teología Jurídica, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
El artículo analiza la posibilidad de que la fe aporte contenidos a la ciencia del Derecho y al ordenamiento jurídico. La perspectiva no es histórica, sino jurídica y teológica. Consta de tres partes: (i) el planteamiento del problema del aporte de la fe; (ii) la delimitación de la teología jurídica, que es la ciencia llamada a resolver el problema; y, (iii) la respuesta al problema. En el fondo el análisis procura mostrar cómo la fe puede ser “fuente de derecho”. Termina señalando el alcance y los límites de esta fuente en el derecho sobre las cosas naturales y sobrenaturales.
Desafios Constitucionais, 2011 Universidade do Porto
Desafios Constitucionais, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
É preciso empreender um contra-ataque constitucional. Não podem os democratas e amigos do Regime saído do 25 de Abril e do sistema político consagrado na Constituição de 76 entrincheirar-se na esperança da mera defesa do que ainda resta de cumprimento da Constituição para além dos formalismos políticos. Os juristas e os constitucionalistas têm especial responsabilidades, mas a todos deve ser dado participar, na medida das suas possibilidades. É preciso mais democracia, mais separação dos poderes, melhor aplicação da Constituição, e mais constitucionalização de todo o Direito. E não diuturna confiscação de direitos. O futuro passa pela Constituição, por muito que …
The Constitutionality Of The Patient Protection And Affordable Care Act In The Courts Of Appeals, 2011 Glasgow Caledonian University
The Constitutionality Of The Patient Protection And Affordable Care Act In The Courts Of Appeals, Mel Cousins
Mel Cousins
Having undergone an extensive process of political discussion and debate, the ACA (properly the Patient Protection and Affordable Care Act) is now under intensive legal challenge with over 20 different cases from both states and organizations and individuals having been initiated. The challengers argue that the Act lacks a constitutional basis and/or infringes on their constitutional rights. These cases involve a fascinating intersection of legal, political and policy issues and, regardless of the outcome, will have important implications for the future direction of US health care policy. There have now been four decisions of the courts of appeal on the …
Holmes And Dissent, 2011 Huntingdon College; Faulkner University; Supreme Court of Alabama
Holmes And Dissent, Allen P. Mendenhall
Allen Mendenhall
Holmes saw the dissent as a mechanism to advance and preserve arguments and as a pageant for wordplay. Dissents, for Holmes, occupied an interstitial space between law and non-law. The thought and theory of pragmatism allowed him to recreate the dissent as a stage for performative text, a place where signs and syntax could mimic the environment of the particular time and place and in so doing become, or strive to become, law. Holmes’s dissents were sites of aesthetic adaptation. The language of his dissents was acrobatic. It acted and reacted and called attention to itself. The more provocative and …
Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders, 2011 Pepperdine University
Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders, Michael A. Helfand
Michael A Helfand
This Article considers a trend towards what I have termed the "new multiculturalism," where conflicts between law and religion are less about recognition and symbolism and more about conflicting legal orders. Nothing typifies this trend more than the increased visibility of religious arbitration, whereby religious groups use current arbitration doctrine to have their disputes adjudicated not in U.S. courts and under U.S. law, but before religious courts and under religious law. This dynamic has pushed the following question to the forefront of the multicultural agenda: under what circumstances should U.S. courts enforce arbitration awards issued by religious courts in accordance …
Hosanna-Tabor And Supreme Court Precedent: An Analysis Of The Ministerial Exception In The Context Of The Supreme Court’S Hands-Off Approach To Religious Doctrine, 2011 Touro Law Center
Hosanna-Tabor And Supreme Court Precedent: An Analysis Of The Ministerial Exception In The Context Of The Supreme Court’S Hands-Off Approach To Religious Doctrine, Samuel J. Levine
Samuel J. Levine
The United States Supreme Court‘s review of the decision of the United States Court of Appeals for the Sixth Circuit in the case of Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC could lead to a major development in the Court‘s Religion Clause jurisprudence. On one level, Hosanna-Tabor presents important questions regarding the interrelationship between employment discrimination laws and the constitutional rights of religious organizations. The narrow issue at the center of the case is the ministerial exception, a doctrine that precludes courts from adjudicating discrimination claims arising out of disputes between religious institutions and their ministerial employees. This Essay …
Getting Time For An Acquitted Crime: The Unconstitutional Use Of Acquitted Conduct At Sentencing And New York's Call For Change, 2011 Touro University Jacob D. Fuchsberg Law Center
Getting Time For An Acquitted Crime: The Unconstitutional Use Of Acquitted Conduct At Sentencing And New York's Call For Change, Megan Sterback
Touro Law Review
No abstract provided.
Claims Of Ineffective Assistance Of Counsel: The Clash Of The Federal And New York State Constitutions, 2011 Touro University Jacob D. Fuchsberg Law Center
Claims Of Ineffective Assistance Of Counsel: The Clash Of The Federal And New York State Constitutions, Timothy M. Riselvato
Touro Law Review
No abstract provided.
Students' Fourth Amendment Rights In Schools: Strip Searches, Drug Tests, And More, 2011 Touro University Jacob D. Fuchsberg Law Center
Students' Fourth Amendment Rights In Schools: Strip Searches, Drug Tests, And More, Emily Gold Waldman
Touro Law Review
No abstract provided.
November 28, 2011: Death For The Hallowed Secularist, 2011 Duquesne University
November 28, 2011: Death For The Hallowed Secularist, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Death for the Hallowed Secularist“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Perfectly Legal To Mandate The Purchase Of Insurance, 2011 Widener Law
Perfectly Legal To Mandate The Purchase Of Insurance, Alan E. Garfield
Alan E Garfield
No abstract provided.
November 24, 2011: Happy Secular Thanksgiving, 2011 Duquesne University
November 24, 2011: Happy Secular Thanksgiving, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Secular Thanksgiving“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 23, 2011: Obama To Side With The Bishops, 2011 Duquesne University
November 23, 2011: Obama To Side With The Bishops, Bruce Ledewitz
Hallowed Secularism
Blog post, “Obama to Side With the Bishops“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Marbury Versus Madison: Documents And Commentary, 2011 University of Maryland Francis King Carey School of Law
Marbury Versus Madison: Documents And Commentary, Mark Graber, Michael Perhac
Mark Graber
Marbury versus Madison combines documents and analytical essays timed for the bicentennial year (2003) of one of the most important Supreme Court cases. This timely collection will explain: the constitutional, political, philosophical background to judicial review the historical record leading to this landmark case the impact of the decision since 1803 its impact on the world stage, especially for new and emerging democratic nations. Also includes a listing of all the Supreme Court cases citing Marbury an an annotated Marbury v. Madison.