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Articles 12421 - 12450 of 15683
Full-Text Articles in Entire DC Network
Religious Accommodation And Criminal Liability, Christine A. Clark
Religious Accommodation And Criminal Liability, Christine A. Clark
Florida State University Law Review
Florida's religious accommodation statute leads some parents to believe that they are free to rely on spiritual healing in lieu of medical treatment for their ill children. However, the statute fails to protect these parents in a criminal prosecution arising from their children's deaths. The author of this Article describes the various types of accommodation statutes, analyzes a recent prosecution, and concludes that such prosecutions are unconstitutional. The author also proposes revisions to Florida's law designed to eliminate ambiguities about what protections it provides.
The Constitution As Architecture: A Charette, Larry Kramer
The Constitution As Architecture: A Charette, Larry Kramer
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
Legislative Courts, Legislative Power, And The Constitution, Daniel J. Meltzer
Legislative Courts, Legislative Power, And The Constitution, Daniel J. Meltzer
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
Constitutional Law—Writ Of Execution Statutes Held Unconstitutional—Has The Due Process Notice Requirement Left Creditors Out In The Cold? Duhon V. Gravett, 302 Ark. 358, 790 S.W.2d 155 (1990)., Allen L. Warmath
University of Arkansas at Little Rock Law Review
No abstract provided.
Article Iii Courts And The Constitutional Structure, David A. Strauss
Article Iii Courts And The Constitutional Structure, David A. Strauss
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
Virtues And Voices, Lawrence B. Solum
Virtues And Voices, Lawrence B. Solum
Faculty Scholarship
This essay explores two ideas that have recently played an important role in discourse about the American constitutional order. The first idea has emerged from the revival of civic republicanism. The republican revival has focused our attention on the classical conception of civic virtue. Our basic social arrangements ought to nourish a citizenry with the characteristics of mind and will that promote human flourishing. The second idea, expressed in critical race theory and feminist jurisprudence, is that we have an obligation as a society and as scholars to attend to excluded voices. The juxtaposition of these two themes offers an …
The Virtue Of Liberality In American Communal Life, Linda R. Hirshman
The Virtue Of Liberality In American Communal Life, Linda R. Hirshman
Michigan Law Review
This article attacks the barriers to articulation of a theory of the good and advocates discussion of the substance of a good regime, specifically, a good American regime. Part I of this article addresses in some detail the civic republicans' revival of interest in the common life. I propose that it is dauntingly difficult, if not impossible, to articulate a satisfying version of a common life without a theory of the good life, an undertaking traditionally associated with authoritarianism and elitism. Rather than abandoning the enterprise, however, I propose to reopen the assumption that the association automatically rules out any …
A Prior Restraint By Any Other Name: The Judicial Response To Media Challenges Of Gag Orders Directed At Trial Participants, René L. Todd
A Prior Restraint By Any Other Name: The Judicial Response To Media Challenges Of Gag Orders Directed At Trial Participants, René L. Todd
Michigan Law Review
Gag orders directed at trial participants do not directly intrude into the media's editorial process, but instead result in a reduction of the total communication available regarding trial proceedings. In this way, participant-directed gag orders are effective, albeit indirect, restraints upon the media. This Note examines the dynamics of these participant-directed restrictions and their consequent effect upon the media. Part I examines participant-directed gag orders in relation to traditional prior restraint doctrine. After discussing the history of prior restraint doctrine and the present standard of prior restraint analysis, Part I relates efforts by courts to apply. prior restraint doctrine to …
Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today? Foreword, Michael B. Mushlin
Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today? Foreword, Michael B. Mushlin
Pace Law Review
No abstract provided.
Humor, Defamation And Intentional Infliction Of Emotional Distress: The Potential Predicament For Private Figure Plaintiffs, Catherine L. Amspacher, Randel Steven Springer
Humor, Defamation And Intentional Infliction Of Emotional Distress: The Potential Predicament For Private Figure Plaintiffs, Catherine L. Amspacher, Randel Steven Springer
William & Mary Law Review
No abstract provided.
Threat To Religious Liberty By The Welfare State: An Illusion, Bruce Fein
Threat To Religious Liberty By The Welfare State: An Illusion, Bruce Fein
William & Mary Law Review
No abstract provided.
Religious Liberty In The Welfare State, Richard A. Epstein
Religious Liberty In The Welfare State, Richard A. Epstein
William & Mary Law Review
No abstract provided.
Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen
Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen
William & Mary Law Review
No abstract provided.
Whose Womb Is It Anyway: Are Paternal Rights Alive And Well Despite Danforth?, Ruth H. Axelrod
Whose Womb Is It Anyway: Are Paternal Rights Alive And Well Despite Danforth?, Ruth H. Axelrod
Cardozo Law Review
No abstract provided.
The Equal Access Controversy: A Battle For Freedom Of Religious Speech In Public Secondary Schools, Michael D. Rouse
The Equal Access Controversy: A Battle For Freedom Of Religious Speech In Public Secondary Schools, Michael D. Rouse
Florida State University Law Review
No abstract provided.
Habeas Corpus Committee - Printed Materials, Lewis F. Powell Jr.
Habeas Corpus Committee - Printed Materials, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
The Battle For The Tidelands In The Constitutional Convention, Charles K. Wiggins
The Battle For The Tidelands In The Constitutional Convention, Charles K. Wiggins
Selected Articles on Washington State Constitution History
No abstract provided.
Article Xii, Section 10: Formerly Of The Florida Constitution, William R. Woods
Article Xii, Section 10: Formerly Of The Florida Constitution, William R. Woods
Florida State University Law Review
No abstract provided.
Out-Of-State Trash: Solid Waste And The Dormant Commerce Clause, Bradford Mank
Out-Of-State Trash: Solid Waste And The Dormant Commerce Clause, Bradford Mank
Faculty Articles and Other Publications
America faces a garbage crisis. Many cities and states are rapidly depleting their landfill capacity for ordinary municipal solid waste.The "Not In My Back Yard" (NIMBY) syndrome hinders regional and national solutions to the solid waste problem. This Article examines to what extent local communities may exclude solid waste from out-of-state sources without violating the Commerce Clause.
Caplin & (And) Drysdale, Chartered V. United States And United States V. Monsanto:" The War On Drugs" Gets A New Recruit, Kathleen A. Ravotti
Caplin & (And) Drysdale, Chartered V. United States And United States V. Monsanto:" The War On Drugs" Gets A New Recruit, Kathleen A. Ravotti
Loyola University Chicago Law Journal
No abstract provided.
It Is A Constitution We Are Expounding, Eulis Simien Jr.
It Is A Constitution We Are Expounding, Eulis Simien Jr.
UC Law Constitutional Quarterly
No abstract provided.
Indeterminacy And Incommensurability In Constitutional Law, Steven L. Winter
Indeterminacy And Incommensurability In Constitutional Law, Steven L. Winter
Law Faculty Research Publications
Progressive constitutional scholarship has yet fully to confront the implications of the conservative shift in constitutional law. Liberal critics continue to seek governing constitutional theories with which to constrain decisionmaking by judges of a notably different mind. Other, more radical scholars employ the indeterminacy and "law is politics" critiques in a more open attempt at displacement. Neither approach is viable, however. Each presumes the primacy of the autonomous, self-directing subject; each resists recognition of the situated nature of all human endeavor. This essay adopts the alternative strategy: exploring the implications of situatedness as they apply to the development, practice, and …
Murray V. Giarratano, 109 S. Ct. 2765 (1989), Scott Elliott Rogers
Murray V. Giarratano, 109 S. Ct. 2765 (1989), Scott Elliott Rogers
Florida State University Law Review
Constitutional Law/Access to Courts-LIMITING THE RELIEF AVAILABLE TO INDIGENT DEATH ROW INMATES DENIED MEANINGFUL ACCESS TO THE COURTS
Florida Star V. B.J.F.: The Rape Of The Right To Privacy, 23 J. Marshall L. Rev. 731 (1990), Barbara Lynn Pedersen
Florida Star V. B.J.F.: The Rape Of The Right To Privacy, 23 J. Marshall L. Rev. 731 (1990), Barbara Lynn Pedersen
UIC Law Review
No abstract provided.
Great Ironies Of History: The Peculiar Historic Fable Of Marbury V. Madison, Eric J. Beckerman
Great Ironies Of History: The Peculiar Historic Fable Of Marbury V. Madison, Eric J. Beckerman
Hofstra Law Student Works
On the first day of virtually every course in American Constitutional Law the case of Marbury v. Madison is taught. Students are usually told that this is the case that established what we refer to today as judicial review. They are instructed as to the continuing controversy of how "The Great Chief Justice," John Marshall, created out of thin air the power or the courts to pronounce acts of the other branches of government unconstitutional. A cursory review of the bare facts of the case usually accompanies the legal analysis of the opinion generally followed by extensive commentary and criticism …
The Transformation Of The American Constitution, Stephen Heywood Seay
The Transformation Of The American Constitution, Stephen Heywood Seay
Theses Digitization Project
No abstract provided.
A New Perspective On The Judicial Contempt Power: Recommendations For Reform, Louis Raveson
A New Perspective On The Judicial Contempt Power: Recommendations For Reform, Louis Raveson
UC Law Constitutional Quarterly
No abstract provided.
Murray V. Giarratano: Right To Counsel In Postconviction Proceedings In Death Penalty Cases, Alice Mcgill
Murray V. Giarratano: Right To Counsel In Postconviction Proceedings In Death Penalty Cases, Alice Mcgill
UC Law Constitutional Quarterly
No abstract provided.
Book Review. Conceptual Change And The Constitution, Stephen A. Conrad
Book Review. Conceptual Change And The Constitution, Stephen A. Conrad
Articles by Maurer Faculty
No abstract provided.
Edmonson V. Leesville Concrete Company, Inc.: Can The "No State Action" Shibboleth Legitimize The Racist Use Of Peremptory Challenges In Civil Actions, 23 J. Marshall L. Rev. 271 (1990), David Park
UIC Law Review
No abstract provided.