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Articles 1 - 30 of 1313
Full-Text Articles in Law
Social Media Accountability For Terrorist Propaganda, Alexander Tsesis
Social Media Accountability For Terrorist Propaganda, Alexander Tsesis
Faculty Publications & Other Works
Terrorist organizations have found social media websites to be invaluable for disseminating ideology, recruiting terrorists, and planning operations. National and international leaders have repeatedly pointed out the dangers terrorists pose to ordinary people and state institutions. In the United States, the federal Communications Decency Act's § 230 provides social networking websites with immunity against civil law suits. Litigants have therefore been unsuccessful in obtaining redress against internet companies who host or disseminate third-party terrorist content. This Article demonstrates that § 230 does not bar private parties from recovery if they can prove that a social media company had received complaints …
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Articles
No abstract provided.
12/29/2016: Doing The Right Thing/Doing The Wrong Thing, Bruce Ledewitz
12/29/2016: Doing The Right Thing/Doing The Wrong Thing, Bruce Ledewitz
Hallowed Secularism
Blog post, “Doing the Right Thing/Doing the Wrong Thing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann
Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
The Bad, The Ugly, And The Uglier: How Fear And Misconceptions Are Flushing Away Equal Rights And Treatment For Transgender People, Laura Falco
Tennessee Journal of Race, Gender, & Social Justice
Our country has gone through multiple social changes over the years, and now we find ourselves in the middle of another change—one involving the transgender community. This community is and has been continuously fighting for equal rights and treatment. It is 2016 and the fight for equal rights in our country is at a tipping point. A tip in one direction would constitute a huge step in the fight for equal rights, but a tip in the other direction could result in unprecedented effects on transgender individuals and the rest of the LGBTQ community. The LGBTQ community just wants the …
Unraveling The Inequitable Nature Of The Model Minority: Asian-Americans Deserve Affirmative Action, Christopher Atlee F. Arcitio
Unraveling The Inequitable Nature Of The Model Minority: Asian-Americans Deserve Affirmative Action, Christopher Atlee F. Arcitio
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
12/25/2016: Christmas, 2016—Secular Hope, Bruce Ledewitz
12/25/2016: Christmas, 2016—Secular Hope, Bruce Ledewitz
Hallowed Secularism
Blog post, “Christmas, 2016—Secular Hope“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 20, 2016: Faithless Calls For Faithless Electors, Bruce Ledewitz
December 20, 2016: Faithless Calls For Faithless Electors, Bruce Ledewitz
Hallowed Secularism
Blog post, “Faithless Calls for Faithless Electors“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Constituciones Duraderas – Una Crítica Democrática (Enduring Constitutions – A Democratic Critique), Allan C. Hutchinson, Joel Colon-Rios
Constituciones Duraderas – Una Crítica Democrática (Enduring Constitutions – A Democratic Critique), Allan C. Hutchinson, Joel Colon-Rios
Allan C. Hutchinson
This paper argues that formal constitutions and their institutional paraphernalia do more to inhibit and mitigate the emancipatory potential of democracy than to nurture and realize it. Spanish Abstract: La relación entre democracia y constituciones es larga y turbulenta. La tendencia de los que se inclinan hacia el lado constitucionalista ha sido la de percibir a la democracia como una amenaza al orden político y a la preservación de ciertos valores considerados importantes, mientras que los que adoptan una postura democrática, más que cualquier otra cosa, tienden a tratar a las constituciones como un obstáculo a la participación popular. En …
Difficult Questions For The Senate Minority, John M. Greabe
Difficult Questions For The Senate Minority, John M. Greabe
Law Faculty Scholarship
This column is the first in a biweekly Constitutional Connections series that will examine the constitutional implications of various topics in the news. The author, John Greabe, teaches constitutional law and related subject at the University of New Hampshire School of Law. He also serves on the board of trustees of the New Hampshire Institute for Civics Education.
December 17, 2016: I Don't Understand Charles Krauthammer, Bruce Ledewitz
December 17, 2016: I Don't Understand Charles Krauthammer, Bruce Ledewitz
Hallowed Secularism
Blog post, “I Don't Understand Charles Krauthammer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Thompson V. Shapiro: Residence Requirements And The Right To Life
Thompson V. Shapiro: Residence Requirements And The Right To Life
The Catholic Lawyer
No abstract provided.
Fair Trial And Free Press, Herbert M. Anderson
Fair Trial And Free Press, Herbert M. Anderson
The Catholic Lawyer
No abstract provided.
The Twilight Of Nonspeech, Bernard E. Gegan
December 16, 2016: The Fed And The President Elect, Bruce Ledewitz
December 16, 2016: The Fed And The President Elect, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Fed and the President Elect“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Knowledge And Fourth Amendment Privacy, Matthew Tokson
Knowledge And Fourth Amendment Privacy, Matthew Tokson
Northwestern University Law Review
This Article examines the central role that knowledge plays in determining the Fourth Amendment’s scope. What people know about surveillance practices or new technologies often shapes the “reasonable expectations of privacy” that define the Fourth Amendment’s boundaries. From early decisions dealing with automobile searches to recent cases involving advanced information technologies, courts have relied on assessments of knowledge in a wide variety of Fourth Amendment contexts. Yet the analysis of knowledge in Fourth Amendment law is rarely if ever studied on its own.
This Article fills that gap. It starts by identifying the characteristics of Fourth Amendment knowledge. It finds, …
Rental Home Sweet Home: The Disparate Impact Solution For Renters Evicted From Residential Foreclosures, David Lurie
Rental Home Sweet Home: The Disparate Impact Solution For Renters Evicted From Residential Foreclosures, David Lurie
Northwestern University Law Review
At the end of the last decade, a drastic spike in residential foreclosures brought unprecedented attention to the damage that mass foreclosure often brings to primarily low-income, minority–majority communities. Much of this attention—in both the media and in the legal arena—has been devoted to homeowners disadvantaged by predatory loans and other unsavory practices. However, a recent body of scholarship has shown that the brunt of mass foreclosure often falls on renters, who often have little or no procedural protection from speedy and unexpected eviction from their homes, regardless of lease status or tenure. This Note argues that the Supreme Court’s …
The Death Penalty And The Fifth Amendment, Joseph Blocher
The Death Penalty And The Fifth Amendment, Joseph Blocher
Northwestern University Law Review
Can the Supreme Court find unconstitutional something that the text of the Constitution “contemplates”? If the Bill of Rights mentions a punishment, does that make it a “permissible legislative choice” immune to independent constitutional challenges?
Recent developments have given new hope to those seeking constitutional abolition of the death penalty. But some supporters of the death penalty continue to argue, as they have since Furman v. Georgia, that the death penalty must be constitutional because the Fifth Amendment explicitly contemplates it. The appeal of this argument is obvious, but its strength is largely superficial, and is also mostly irrelevant to …
Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross
Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross
William & Mary Bill of Rights Journal
No abstract provided.
The Flawed Reasoning Behind Johnson V. United States And A Solution: Why A Facts-Based Approach Should Have Been Used To Interpret The Residual Clause Of The Armed Career Criminal Act, Jake Albert
William & Mary Bill of Rights Journal
No abstract provided.
Reforming School Discipline, Derek W. Black
Reforming School Discipline, Derek W. Black
Northwestern University Law Review
Public schools suspend millions of students each year, but less than ten percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively affects misbehaving students as well as innocent bystanders. All things being equal, schools that manage student behavior through means other than suspension produce the highest achieving students. In this respect, the quality of education a school provides is closely connected to its discipline policies.
Reformers have largely overlooked the connection between discipline and …
In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism, Brendan Duffy
In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism, Brendan Duffy
Northwestern University Law Review
Over the last twenty years, domestic asset protection trusts have risen in popularity as a means of estate planning and asset protection. A domestic asset protection trust is an irrevocable trust formed under state law which enables an independent trustee to allocate money to a class of
persons, which includes the settlor.
Since Alaska first enacted domestic asset protection legislation in 1997, fifteen states have followed its lead. The case law over the last twenty years addressing these trust mechanisms has, however, been surprisingly sparse. A Washington bankruptcy court decision, In re Huber, altered this drought, but caused more confusion …
Law And The Demise Of The Urban Ghetto Part Ii
Law And The Demise Of The Urban Ghetto Part Ii
The Catholic Lawyer
No abstract provided.
Amendment Of The Abortion Law: Relevant Data And Judicial Opinion, John T. Noonan, Jr.
Amendment Of The Abortion Law: Relevant Data And Judicial Opinion, John T. Noonan, Jr.
The Catholic Lawyer
No abstract provided.
Abortion Legislation And The Establishment Clause
Abortion Legislation And The Establishment Clause
The Catholic Lawyer
No abstract provided.
Towards Constitutional Development Within The Church
Towards Constitutional Development Within The Church
The Catholic Lawyer
No abstract provided.
Obscenity: The Intractable Legal Problem, John Cornelius Hayes
Obscenity: The Intractable Legal Problem, John Cornelius Hayes
The Catholic Lawyer
No abstract provided.
Waiver Of Immunity - Public Officials, Robert E. Parella
Waiver Of Immunity - Public Officials, Robert E. Parella
The Catholic Lawyer
No abstract provided.