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Articles 2731 - 2760 of 3270
Full-Text Articles in Entire DC Network
Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack
Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack
St. Mary's Law Journal
Addressing Congressional woes requires reform. Entrenched incumbency is a detriment to the legislative system. Although the enactment of initiatives restricting Congressional terms limits signal voters agree, better alternatives exist. The only prerequisites found in the Constitution for serving in Congress are age, residency, and citizenship. While the twenty-second amendment proscribes the presidential office limit maximum as two terms, no such limitations exist for a congressman or congresswoman. Sitting incumbents have substantial advantages over their challengers. Incumbents success ratio exceeds 80% in Senate races and is approximately 90% for elections in the House of Representatives. Congressional term limitations attempt to eliminate …
Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson
Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson
All Faculty Scholarship
This article examines specific restrictions promulgated and practiced during the Persian Gulf War, provides a brief historical analysis of how the United States and other nations have traditionally accommodated the religious activities of their military personnel, and addresses the question of how far we can constitutionally limit the free-exercise rights of the people in the military in light of current Supreme Court jurisprudence.
The Eclipse Of Reason: A Rhetorical Reading Of Bowers V. Hardwick, Kendall Thomas
The Eclipse Of Reason: A Rhetorical Reading Of Bowers V. Hardwick, Kendall Thomas
Faculty Scholarship
In a careful and compelling reading of the text of the Supreme Court's opinion in Bowers v. Hardwick, Janet Halley provides a meticulous map of the misprisions by which the Hardwick Court "exploit[s] confusion about what sodomy is in ways that create opportunities for the [judicial] exercise of homophobic power." According to Professor Halley, the duplicitous mechanisms the Hardwick Court marshals in reasoning about sodomy entail a mobilization of two "incommensurable articulations": the idea of the sodomitical act, on the one hand, and that of personal identity, on the other.
Professor Halley rightly insists that an anti-homophobic critique …
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski
Faculty Scholarship
Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …
Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz
Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz
Articles by Maurer Faculty
No abstract provided.
Constitutional Posture Of Canine Sniffs, Lina Shahin
Constitutional Posture Of Canine Sniffs, Lina Shahin
Touro Law Review
No abstract provided.
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
Touro Law Review
No abstract provided.