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You Have A Right To Remain Silent, Michael Avery

Fordham Urban Law Journal

The Supreme Court will decide in the October 2002 term whether there is a cause of action under 42 U.S.C. Section 1983 based on a coercive police interrogation of a suspect in custody who has not been given Miranda warnings. The Supreme Court cannot decide that there is no cause of action under section 1983 for damages caused by coercive interrogation practices without turning its back on a large body of its own jurisprudence and on the deeply rooted cultural and political expectations of American citizens who trust that they have a meaningfu lconstitutionally protected right to remain silent when …

The Usa Patriot Act: Civil Liberties, The Media, And Public Opinion, Lisa Finnegan Abdolian, Harold Takooshian

Fordham Urban Law Journal

This Essay offers an examination of the legal provision of the USA Patriot Act. It then looks at the distinct shift in U.S. media reporting on this legislation over time, and in-depth public opinion findings on people's mixed views of post-9/11 civil liberties. This Essay concludes that media coverage of events is best accompanied by tracking polls, to chart how much and why the U.S. public is coalescing or further dividing on issues of individual liberties during crisis.

The Freedom Of Information Act Post-9/11: Balancing The Public's Right To Know, Critical Infrastructure Protection, And Homeland Security, Kristen Elizabeth Uhl

American University Law Review

No abstract provided.

The War On Terror: Constitutional Governance In A State Of Permanent Warfare?, W. Wesley Pue

All Faculty Publications

This article assesses Canada's principal legal responses to the challenge presented by terrorism in the aftermath of the September 11, 2001 attacks on the United States. A review of major federal anti-terrorism legislation reveals a legislative response that fundamentally violates core constitutional principles while failing to significantly enhance public safety.

The First Amendment In The Seventh Circuit: 2002, 36 J. Marshall L. Rev. 807 (2003), Donald L. Beschle

UIC Law Review

No abstract provided.

Does The Children’S Internet Protection Act Induce Public Libraries To Violate The First Amendment?, Susanna Frederick Fischer

Scholarly Articles

The Children's Internet Protection Act contains filtering provisions for public libraries that condition the receipt of federal assistance for Internet access and related services on libraries' operation of technologi­cal measures that block all patrons' access to obscene and pornographic materials and also block minor patrons' access to material that is "harmful to minors." Now the Supreme Court has agreed to review a trial court's decision that enjoined the government from enforcing these filtering provisions on the basis that they are facially invalid under the First Amendment.

The Valuation Of An Experience: A Study In Land Use Regulation, 36 J. Marshall L. Rev. 779 (2003), Bob Madden

UIC Law Review

No abstract provided.

Crime, Gun Control, And The Batf: The Political Economy Of Law Enforcement, Jim F. Couch, Wiliam F. Shughart Ii

Fordham Urban Law Journal

The Bureau of Alcohol, Tobacco and Firearms ("BATF"), an agency of the United States Treasury Department, has wide-ranging law enforcement responsibilities, which include the investigation of crimes involving guns, explosives, and illicit drugs. Its execution of these duties has been the subject of considerable controversy. This Study reports evidence that the law enforcement activities of the BAFT are influenced by both public-spirited and bureaucratic motives. The evidence presented in this Study contributes to a rethinking of the public-interest paradigm.

Twenty-First Century Planning And The Constitution, Michael Lewyn

University of Colorado Law Review

No abstract provided.

The Gun Control Debate: A Culture-Theory Manifesto, Dan M. Kahan

Washington and Lee Law Review

No abstract provided.

Assessing Legislative Restrictions On Constitutional Rights: The Russian Constitutional Court And Article 55(3), Peter Krug

Oklahoma Law Review

No abstract provided.

Can Police Track Your Wireless Calls? Call Location Information And Privacy Law, Laurie Thomas Lee

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Essay: Remember Endo?, Patrick O. Gudridge

Articles

No abstract provided.

Racial And Ethnic Profiling: Statutory Discretion, Constitutional Remedies, And Democratic Accountability, Sujit Choudhry, Kent Roach

Osgoode Hall Law Journal

Given the prominence of the issue of racial, ethnic, and religious profiling in the public debate about terrorism, it is significant that Canada's two legislative responses to September 11 - the Anti-terrorism Act and the proposed Public Safety Act - are silent on the issue, neither explicitly authorizing profiling nor expressly banning it. In this article, we focus on the constitutional remedies available for profiling in the face of these statutory silences, and the implication that the choice of remedies holds for both remedial efficacy and democratic accountability. Contrary to the position held by the majority of the Supreme Court …

Shedding Rights, Shredding Rights: A Critical Examination Of Students' Privacy Rights And The "Special Needs" Doctrine After Earls, Meg Penrose

Nevada Law Journal

No abstract provided.

Beyond Congress: The Study Of State And Local Legislatures, Richard Briffault

Faculty Scholarship

I'd like to thank the Journal of Legislation and Public Policy for inviting me back to N.Y.U. I am particularly grateful to have the opportunity to sit between and learn from Bill Eskridge and Beth Garrett, who have once again demonstrated in their comments today why they are leaders in this field. I understand now what it must have been like to be a student in a class with Eskridge as the professor and Garrett as a fellow student – can you imagine what an experience that must have been?

I am going to focus my remarks on state and …

Are Police Free To Disregard Miranda?, Steven D. Clymer

Cornell Law Faculty Publications

Hamoked V. Commander Of The Idf Forces In The West Bank, Aharon Barak, Dorit Beinisch, Izhak Englard

Translated Opinions

Beginning in September of 2000, there was an increase in Palestinian terrorist activity against the Jewish community in Judea and Samaria, the Gaza Strip, and within Israel itself.  Hundreds were killed and wounded.  In reaction, the army initiated military activities.  Hundreds of Palestinians were killed and wounded.  Terrorist activity intensified in the beginning of 2002.  In March of that year there was an increase of Palestinian terrorist activity.  Approximately one hundred and twenty Israeli civilians were killed and hundreds were wounded.  In response to the terrorist activity, the government decided, on 29.03.2002, to carry out a large-scale military operation.  The …

To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne

Faculty Publications

No abstract provided.

Indianapolis V. Edmond: Roadblock To Fourth Amendment Erosion Of Individual Security, Samuel Bateman

Nevada Law Journal

No abstract provided.

Adalah -- The Legal Center For Arab Minority Rights In Israel V. City Of Tel Aviv-Jaffa, Aharon Barak, Dalia Dorner, Mishael Cheshin

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The subject of the Petition is whether city councils within whose jurisdiction resides an Arab minority have a duty to use the Arabic language – alongside the Hebrew language – in all city signage. The Petitioners maintain that in cities where there is an Arab minority all city signs must include writing in Arabic as well. On the other hand, the Respondents believe that …

Constitutional Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

United States V. Drayton: Supreme Court Upholds Standards For Police Conduct During Bus Searches, Andera K. Mitchell

American University Law Review

No abstract provided.

Do Attorneys Really Matter? The Empirical And Legal Case For The Right Of Counsel At Bail, Douglas L. Colbert, Ray Paternoster, Shawn Bushway

Cardozo Law Review

No abstract provided.

Speech, Press, And Democracy, Paul Finkelman

William & Mary Bill of Rights Journal

Professor Michael Kent Curtis's latest book, Free Speech, "The People's Darling Privilege": Struggles for Freedom of Expression in American History, chronicles the efforts of ordinary Americans to protect their right to freedom of expression from 1791-1865. Professor Paul Finkelman reviews this book, focusing primarily on Curtis's discussions of suppression of speech prior to and during the Civil War period and additionally providing some thoughts concerning the appropriateness of revoking free speech rights during times of war.

Assessing The Legitimacy Of Governmental Regulation Of Modern Speech Aimed At Social Reform: The Importance Of Hindsight And Causation, Kenneth J. Brown

William & Mary Bill of Rights Journal

When governmental regulation or punishment of speech occurs subsequent to the speech itself, such regulation is conducted with the benefit of hindsight. This is important because hindsight enables us to discern whether the expression in question has caused any legally cognizable harm. When speech is responsible for such a harm, its punishment is justfied by this causal connection. Yet conversely, when we know that speech is consequence-free, its ex post punishment is conceptually indefensible. In the first part of this article, Mr. Brown criticizes the imminent lawless action standard articulated in Brandenburg v. Ohio for failing to embrace fully this …

The Inconvenient Militia Clause Of The Second Amendment: Why The Supreme Court Declines To Resolve The Debate Over The Rights To Bear Arms, Robert M. Hardaway, Elizabeth Gormley, Bryan Taylor

Sturm College of Law: Faculty Scholarship

There are sound public policy reasons why gun ownership by law abiding citizens in a free society should be protected. Good public policy, however, cannot be formulated as long as there remain fundamental misconceptions about the meaning and history of the Second Amendment of the U.S. Constitution and the law interpreting it. In August of 1994, an exasperated American Bar Association, finding itself unable to match the Gun Lobby's publicity campaigns, pleaded for help from the legal profession to educate the American public about the meaning of the Second Amendment and the intent of the Constitutional Framers. Specifically, the ABA …

Shoot First, Talk Later: Blowing Holes In Freedom Of Speech, Jacqueline Tresl

Animal Law Review

Ms. Tresl examines the constitutionality of hunter harassment laws. When a five-step doctrinal analysis is applied to hunter harassment statutes, it is clear that the statutes are content-based and subject to the strictest of scrutiny. Because the statutes fail the strict scrutiny test, they therefore violate the American citizenry’s First Amendment right to free expression.

A Matter Of Normative Judgment: Brentwood And The Emergence Of The "Pervasive Entwinement" Test, Michael A. Culpepper

University of Richmond Law Review

The Fourteenth Amendment remains the great Rorschach test of one's underlying jurisprudential beliefs. For those of a "progressive" bent, the amendment is a "sweeping mandate," while those more inclined toward powdered wigs and judicial formalism criticize the amendment as an instrument of "freewheeling judicial] lawmaking." It is a philosophical impasse, one that centers around the apparently ambiguous prohibition against deprivations of due process and denials of equal protection. Unfortunately, the strictures from the high court and Congress remain equally ambiguous-particularly in the realm of state action. Metaphors, such as "winks and nods," "sifting facts and weighing circumstances " and "under …

Note, A Rule Unfit For All Seasons: Monitoring Of Attorney-Client Communication Violates Privilege And The Sixth Amendment, Avidan Y. Cover

Faculty Publications

No abstract provided.