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Articles 2011 - 2040 of 2634
Full-Text Articles in Entire DC Network
Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports
Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports
Faculty Scholarship
When Justice Blackmun was nominated to the Court in 1970, Americans were consumed with the idea of crime control. In the 1968 presidential campaign, Richard Nixon had called the Supreme Court "soft on crime" and had promised to "put 'law and order' judges on the Court." While sitting on the Eighth Circuit, the Justice had "seldom struck down searches, seizures, arrests or confessions," and most of his opinions in criminal cases had "affirmed guilty verdicts and sentences." Thus, according to one commentator, Justice Blackmun seemed to be "exactly what Nixon was looking for: a judge who believed in judicial restraint, …
California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey
California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey
Publications
No abstract provided.
Refined Incorporation And The Fourteenth Amendment, Richard L. Aynes
Refined Incorporation And The Fourteenth Amendment, Richard L. Aynes
University of Richmond Law Review
In Professor Akhil Reed Amar's The Bill of Rights: Creation and Reconstruction, the voices of Founders, Federalists, Anti-Federalists, promoters of the Bill of Rights, contrarians of Barron v. Mayor of Baltimore, abolitionists, antislavery advocates, Fourteenth Amendment Republican Framers, ratifiers, and twentieth-century U.S. Supreme Court justices, all have their role. If they do not sing the same tune, at least their voices, under Amar's skillful direction, whether melody or harmony, alto or soprano, all harmonize to produce a clear song.
Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr.
Consensual Searches, The Fairytale That Became A Nightmare: Fargo Lessons Concerning Police Initiated Encounters, Robert V. Ward Jr.
Touro Law Review
No abstract provided.
Framers’ Intent And Military Power: Has Supreme Court Deference To The Military Gone Too Far?, Kalyani Robbins
Framers’ Intent And Military Power: Has Supreme Court Deference To The Military Gone Too Far?, Kalyani Robbins
Faculty Publications
The first ten amendments to the United States Constitution, ratified in 1791 and known as the Bill of Rights, create the core of what people today consider their most basic freedoms. Without these rights, and consistent judicial adherence to them, most Americans would not feel secure. There are two major sources of danger to these basic rights: internal and external. Internally, we must protect ourselves from our own infringement of these rights through the firm restrictions that the Constitution places on the government in its treatment of the people. Externally, we must protect our system of maintaining these freedoms from …
The American Tradition Of Language Rights, ¡Que Viva Texas!: The Forgotten Right To Government In A "Known Tongue", Jose Roberto Juarez
The American Tradition Of Language Rights, ¡Que Viva Texas!: The Forgotten Right To Government In A "Known Tongue", Jose Roberto Juarez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Lincoln, Vallandingham, And Anti-War Speech In The Civil War, Michael Kent Curtis
Lincoln, Vallandingham, And Anti-War Speech In The Civil War, Michael Kent Curtis
William & Mary Bill of Rights Journal
In the early morning hours of May 5, 1863, Union soldiers forcibly arrested Clement L. Vallandigham, a prominent Democratic politician and former congressman, for an anti-war speech which he had given a few days earlier in Mount Vernon, Ohio. Vallandigham's arrest ignited debate about freedom of speech in a democracy during a time of war and the First Amendment rights of critics of an administration. This Article is one in a series by Professor Curtis which examines episodes in the history of free speech before and during the Civil War. In this Article, Professor Curtis explores the First Amendment's guarantee …
Suspicionless Drug Testing And Chandler V. Miller: Is The Supreme Court Making The Right Decisions, Ross H. Parr
Suspicionless Drug Testing And Chandler V. Miller: Is The Supreme Court Making The Right Decisions, Ross H. Parr
William & Mary Bill of Rights Journal
During the last decade, the United States Supreme Court has rendered four major decisions regarding the validity of suspicionless drug testing policies. Such drug testing policies have become a common way for employers and other interested parties-including the government-both to deter the use of drugs and to determine who is acting under the influence of illegal narcotics. Because government officials often randomly select individuals for drug testing, some of these individuals have charged that a governmental drug testing policy violates the Fourth Amendment. The Supreme Court found this argument unconvincing in three cases decided between 1989 and 1997, but in …
Remarks By U.S. Senator Robert C. Byrd The Constitution In Peril, Robert C. Byrd
Remarks By U.S. Senator Robert C. Byrd The Constitution In Peril, Robert C. Byrd
West Virginia Law Review
No abstract provided.
The Treaty Power And American Federalism, Curtis A. Bradley
The Treaty Power And American Federalism, Curtis A. Bradley
Michigan Law Review
For much of this century, American foreign affairs law has assumed that there is a sharp distinction between what is foreign and what is domestic, between what is external and what is internal. This assumption underlies a dual regime of constitutional law, in which federal regulation of foreign affairs is subject to a different, and generally more relaxed, set of constitutional restraints than federal regulation of domestic affairs. In what is perhaps its most famous endorsement of this proposition, the Supreme Court stated in 1936 that "the federal power over external affairs [is] in origin and essential character different from …
Rethinking The Clear And Present Danger Test, David R. Dow, R. Scott Shieldes
Rethinking The Clear And Present Danger Test, David R. Dow, R. Scott Shieldes
Indiana Law Journal
No abstract provided.
The Constitutionalism Of Mary Ann Glendon, Donald P. Kommers
The Constitutionalism Of Mary Ann Glendon, Donald P. Kommers
Journal Articles
Mary Ann Glendon is an accomplished legal scholar whose books and essays in the field of marriage and family law have received universal acclaim among her peers in the legal academy. More recently, and particularly in the last decade, she has emerged as a notable public intellectual. In this capacity, she has focused her careful reflections on topics such as abortion, religious liberty, social welfare legislation, the changing nature of the legal profession, and the condition of political discourse in America. One of the things that makes her recent work, as well as her earlier publications on family law, so …
Chemical Castration: Constitutional Issues Of Due Process, Equal Protection, And Cruel And Unusual Punishment, Linda Beckman
Chemical Castration: Constitutional Issues Of Due Process, Equal Protection, And Cruel And Unusual Punishment, Linda Beckman
West Virginia Law Review
No abstract provided.
The District Of Columbia Revitalization Act And Criminal Justice: The Federal Government's Assault On Local Authority, Jonathan M. Smith
The District Of Columbia Revitalization Act And Criminal Justice: The Federal Government's Assault On Local Authority, Jonathan M. Smith
University of the District of Columbia Law Review
The District of Columbia ("the District") enjoys a unique relationship with the federal government. As a matter of Constitutional pronouncement, citizens of the District are deprived of the right to ultimate control over the content of local laws. The Constitution provides that, "[t]he Congress shall have the power ... to exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States."2 Since the District's establishment in 1791, 3 Congress has not hesitated to exercise …
Section 253 Of The Telecommunications Act Of 1996: A Permanent Physical Appropriation Of Private Property That Must Be Justly Compensated, Jennifer L. Worstell
Section 253 Of The Telecommunications Act Of 1996: A Permanent Physical Appropriation Of Private Property That Must Be Justly Compensated, Jennifer L. Worstell
Federal Communications Law Journal
Section 253 of the Telecommunications Act of 1996 was promulgated in an effort to remove unnecessary regulation by local governments and open up competition among local phone companies, cable providers, and other telecommunications concerns. However, this provision effectively prohibits local governments from managing their rights-of-way. Furthermore, it violates modern Fifth Amendment takings jurisprudence, Section 253 and the first three FCC and court decisions examining it not only have jeopardized effective municipal management and resource allocation discretion, but also have usurped local governments' property rights without just compensation in explicit violation of the United States Constitution.
Justice O'Conner's Dilemma: The Baseline Question, Suzanna Sherry
Justice O'Conner's Dilemma: The Baseline Question, Suzanna Sherry
William & Mary Law Review
No abstract provided.
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora
Cardozo Law Review
No abstract provided.
The Collision Of Rights In Violence-Conducive Speech, Frederick M. Lawrence
The Collision Of Rights In Violence-Conducive Speech, Frederick M. Lawrence
Cardozo Law Review
No abstract provided.
Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding
Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding
Florida State University Law Review
No abstract provided.
Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports
Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports
UC Law Constitutional Quarterly
Much has been made of Justice Blackmun's supposed transformation from a "Minnesota TWin" following in the footsteps of Chief Justice Burger to a member of the Supreme Court's liberal wing aligned with Justices Brennan and Marshall. The Justice was appointed at a time when crime control was a major concern both for the American people and for President Nixon, who had pledged to put "law and order" judges on the Supreme Court. Moreover, the Justice's years on the Court coincided with a retreat from a number of the Warren Court precedents that had broadened the constitutional rights afforded criminal defendants. …
Welcome To Anytown, U.S.A. - Home Of Beautiful Scenery (And A Convicted Sex Offender): Sex Offender Registration And Notification Laws In E.B. V. Verniero, David S. Dematteo
Welcome To Anytown, U.S.A. - Home Of Beautiful Scenery (And A Convicted Sex Offender): Sex Offender Registration And Notification Laws In E.B. V. Verniero, David S. Dematteo
Villanova Law Review (1956 - )
No abstract provided.
Discrimination, Distribution, And City Regulation Of Speech, Katheleen M. Sullivan
Discrimination, Distribution, And City Regulation Of Speech, Katheleen M. Sullivan
UC Law Constitutional Quarterly
Cities are sometimes caught in a pincer movement between the First Amendment's twin requirements: if they restrict too much speech in public places, they may violate its requirement that some minimum distribution of speech be secured, but if they try to expand opportunities for speech by exempting particular speech or speakers from general laws, they may run afoul of the ban on content discrimination. The most prudent approach to speech regulation, therefore, would appear to be flat but narrow prohibitions. For example, sales of message-bearing merchandise are better regulated by a flat peddling ban in specified areas than by one …
Commentary - Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson
Commentary - Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson
St. Thomas Law Review
This Commentary will explore some of the jurisprudential and practical issues by examining the nature of victims' rights and victimization. After a brief introduction to the history of victim's rights amendments in the United States, this Commentary will explore the images in the rhetoric that lead to unreflective support for victims' rights, then turn to images of justice and arguments for a particular kind of victims' rights, together with a critique of that vision. Finally, this Commentary suggests some alternative approaches and programs that promise to be more helpful to victims of crime than any constitutional amendment would be.
The Long Road Towards Restoration Of Religious Freedom: Congressional Options In Light Of City Of Boerne V. Flores, J. Jeffrey Patterson
The Long Road Towards Restoration Of Religious Freedom: Congressional Options In Light Of City Of Boerne V. Flores, J. Jeffrey Patterson
Kentucky Law Journal
No abstract provided.
Quo Vadis, Posadas?, William W. Van Alstyne
Quo Vadis, Posadas?, William W. Van Alstyne
Faculty Scholarship
This examination looks at Virginia's ban on speech advertising motorcycles and revisits the question raised in the Posadas decision - may a state ban speech about a legal product the state could ban if it so desired. This article uses comparisons to the government employee speech cases to further illuminate the issue.
The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard
The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard
Campbell Law Review
The purpose of this article is to examine the constitutionality of anti-gang legislation within the context of the First Amendment. Specifically, the doctrines of vagueness and overbreadth and the related issue of freedom of association will be examined with respect to statutory provisions which criminalize gang participation.
Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson
Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson
Scholarly Works
No abstract provided.
Criminal Law: Kansas V. Hendricks--Warehousing Sex Offenders, Kayci Bair Hughes
Criminal Law: Kansas V. Hendricks--Warehousing Sex Offenders, Kayci Bair Hughes
Oklahoma Law Review
No abstract provided.
New York's State Constitution In National Context, Robert F. Williams
New York's State Constitution In National Context, Robert F. Williams
Touro Law Review
No abstract provided.
Ex Post Facto Laws, Supreme Court, Dutchess County: Doe V. Division Of Probation And Correction Alternatives
Touro Law Review
No abstract provided.