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Articles 1 - 30 of 32
Full-Text Articles in Law
Indian National Bar Association (Inba) Celebrates 66th National Law Day, Amit Kumar
Indian National Bar Association (Inba) Celebrates 66th National Law Day, Amit Kumar
Amit Kumar
26th Nov 2015, New Delhi: A groundbreaking International conference on Law & Policy issues of more than 400 prominent thought Members of Parliament from India and United Kingdom, leaders, CEO's, heads of legal department, researchers, advocates, practitioners and policymakers from at least 08 countries gathered in New Delhi on 26th November 2015, energizing a global movement working to advance policy issues around the globe. Held November 26, the “International Conference on Law and Policy Issues” to commemorate the 66th National Law Day marked its hosting in India as the biggest conference of the year hosted by Indian National Bar Association. …
Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine
Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine
Steven J. Kaminshine
No abstract provided.
The Most Difficult Right, Sonia Lawrence
A New Subtlety In Judicial Supremacy: Review Of Constitutional Cases, The 2003-04 Term, Sonia Lawrence
A New Subtlety In Judicial Supremacy: Review Of Constitutional Cases, The 2003-04 Term, Sonia Lawrence
Sonia Lawrence
No abstract provided.
Some Thoughts On The Supreme Court’S Assessment Of The Constitutionality Of Dna Warrants, Richard Haigh
Some Thoughts On The Supreme Court’S Assessment Of The Constitutionality Of Dna Warrants, Richard Haigh
Richard Haigh
No abstract provided.
Terms Of Convenience: Examining Constitutional Overrulings By The High Court, Richard Haigh, Gian Boeddu
Terms Of Convenience: Examining Constitutional Overrulings By The High Court, Richard Haigh, Gian Boeddu
Richard Haigh
No abstract provided.
89th Ames Challenges Nurses’ Constitutional Right To Protest Wages, Trevor Farrow
89th Ames Challenges Nurses’ Constitutional Right To Protest Wages, Trevor Farrow
Trevor C. W. Farrow
No abstract provided.
Terrorism, Law & Democracy: How Is Canada Changing Following September 11, Trevor C. W. Farrow
Terrorism, Law & Democracy: How Is Canada Changing Following September 11, Trevor C. W. Farrow
Trevor C. W. Farrow
No abstract provided.
Tracking ‘Terrorists’ Or Solidifying Stereotypes? Canada’S Anti-Terrorism Act In Light Of The Charter’S Equality Guarantee, Faisal Bhabha
Tracking ‘Terrorists’ Or Solidifying Stereotypes? Canada’S Anti-Terrorism Act In Light Of The Charter’S Equality Guarantee, Faisal Bhabha
Faisal Bhabha
No abstract provided.
Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana
Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana
Tanya Monique Washington
No abstract provided.
Brief Of Amici Curiae Scholars Of The Constitutional Rights Of Children In Support Of Petitioners, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana
Brief Of Amici Curiae Scholars Of The Constitutional Rights Of Children In Support Of Petitioners, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana
Tanya Monique Washington
No abstract provided.
Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes
Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes
Elizabeth Keyes
In a unique corner of immigration law, a significant reallocation of power over immigration has been occurring with little fanfare. States play a dramatic immigration gatekeeping role in the process for providing protection to immigrant youth, like many of the Central American children who sought entry to the United States in the 2014 border “surge.” This article closely examines the history of this Special Immigrant Juvenile Status provision, enacted in 1990, which authorized a vital state role in providing access to an immigration benefit. The article traces the series of shifts in allocation of power between the federal government and …
Ex Post Modernism: How The First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau
Ex Post Modernism: How The First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau
Sonya G Bonneau
Nonrepresentational art repeatedly surfaces in legal discourse as an example of highly valued First Amendment speech. It is also systematically described in constitutionally valueless terms: nonlinguistic, noncognitive, and apolitical. Why does law talk about nonrepresentational art at all, much less treat it as a constitutional precept? What are the implications for conceptualizing artistic expression as free speech?
This article contends that the source of nonrepresentational art’s presumptive First Amendment value is the same source of its utter lack thereof: modernism. Specifically, a symbolic alliance between abstraction and freedom of expression was forged in the mid-twentieth century, informed by social and …
Judicial Reform, Chris Tweeten, Jean Bowman, Charles Lovell, Mike Mcgrath, Andrew Morriss
Judicial Reform, Chris Tweeten, Jean Bowman, Charles Lovell, Mike Mcgrath, Andrew Morriss
Andrew P. Morriss
No abstract provided.
From Slavery To Obama: The Affirmative Action Revolution, Tanya Washington
From Slavery To Obama: The Affirmative Action Revolution, Tanya Washington
Tanya Monique Washington
No abstract provided.
Panelist, When Rights Collide?: Religious Liberty, Equality And The Fall Out From Hobby Lobby, Kent Greenfield
Panelist, When Rights Collide?: Religious Liberty, Equality And The Fall Out From Hobby Lobby, Kent Greenfield
Kent Greenfield
No abstract provided.
The Limits Of Guilt And Shame And The Future Of Affirmative Action, 3 Ariz. St. L.J. Soc. Just. 211 (2013), Donald Beschle
The Limits Of Guilt And Shame And The Future Of Affirmative Action, 3 Ariz. St. L.J. Soc. Just. 211 (2013), Donald Beschle
Donald L. Beschle
No abstract provided.
Out Of Tune And Out Of Time: The Relationship Between Australia’S International Obligations And Australian Constitutionalism And Why It Matters To Our Identity In The Asian Century, Danielle Ireland-Piper
Out Of Tune And Out Of Time: The Relationship Between Australia’S International Obligations And Australian Constitutionalism And Why It Matters To Our Identity In The Asian Century, Danielle Ireland-Piper
Danielle Ireland-Piper
The constitutionalism of a nation says much about its national identity. Sections 25 and 51(xxvi) of the Australian Constitution are at odds with Australia’s international obligations under the United Nations Declaration of Human Rights, and the International Covenant on Civil and Political Rights. Further, Australia’s current asylum seeker policy is a perversion of our obligations under the Convention relating to the Status of Refugees. These failures to comply with our international obligations are at best, relics of a racist colonial history, and at worst, manifestations of our contemporary national identity. Whilst some may argue that there are other states in …
Loving V. Virginia In A Post-Racial World: Rethinking Race, Sex, And Marriage, Kevin Maillard, Rose Villazor, Victor Romero
Loving V. Virginia In A Post-Racial World: Rethinking Race, Sex, And Marriage, Kevin Maillard, Rose Villazor, Victor Romero
Victor C. Romero
Victor Romero is a contributing author: "Loving Across the Miles: Binational Same-Sex Marriages" pages 217-234. In 1967, the U.S. Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving vs. Virginia. Although this case promotes marital freedom and racial equality, there are still significant legal and social barriers to the free formation of intimate relationships. Marriage continues to be the sole measure of commitment, mixed relationships continue to be rare, and same-sex marriage is only legal in 6 out of 50 states. Most discussion of Loving celebrates the symbolic dismantling of marital discrimination. This book, however, takes a …
Immigrant Rights In The Shadows Of Citizenship, Rachel Bluff, Victor Romero
Immigrant Rights In The Shadows Of Citizenship, Rachel Bluff, Victor Romero
Victor C. Romero
Victor C. Romero is a contributing author: "Who Should Manage Immigration - Congress or the States? An Introduction to Constitutional Immigration Law." Chapter 12, page 286.
Punctuated by marches across the United States in the spring of 2006, immigrant rights has reemerged as a significant and highly visible political issue. Immigrant Rights in the Shadows of U.S. Citizenship brings prominent activists and scholars together to examine the emergence and significance of the contemporary immigrant rights movement. Contributors place the contemporary immigrant rights movement in historical and comparative contexts by looking at the ways immigrants and their allies have staked claims …
Alienated: Immigrant Rights, The Constitution, And Equality In America, Victor Romero
Alienated: Immigrant Rights, The Constitution, And Equality In America, Victor Romero
Victor C. Romero
Throughout American history, the government has used U.S. citizenship and immigration law to protect privileged groups from less privileged ones, using citizenship as a "legitimate" proxy for otherwise invidious, and often unconstitutional, discrimination on the basis of race. While racial discrimination is rarely legally acceptable today, profiling on the basis of citizenship is still largely unchecked, and has in fact arguable increased in the wake of the September 11 terror attacks on the United States. In this thoughtful examination of the intersection between American immigration and constitutional law, Victor C. Romero draws our attention to a "constitutional immigration law paradox" …
The Limits Of Free Speech, Kent Greenfield
The Morality Of Prophylactic Legislation (With Special Reference To Speed Limits, Assisted Suicide, Torture, And Detention Without Trial), Michael Dorf
Michael C. Dorf
My subject is the morality of prophylactic legislation. What do I mean by ‘prophylactic’ legislation? Let me illustrate the concept by drawing a contrast with the most famous hypothetical case in the scholarly literature of Anglo-American jurisprudence. During the course of their debate over the relation between law and morality, Lon Fuller and H. L. A. Hart disagreed about what tools are needed to discern the meaning and scope of a rule barring vehicles from a public park. Hart and Fuller clashed over whether legislative purpose and considerations of morality enter into the process of discerning what Hart famously called …
Constitutional Issues Surrounding Student Possession And Use Of Cell Phones In Schools, Ralph Mawdsley, Charles Russo
Constitutional Issues Surrounding Student Possession And Use Of Cell Phones In Schools, Ralph Mawdsley, Charles Russo
Charles J. Russo
Constitutional challenges to limits on the possession and/ or use of cell phones in schools present potential claims involving the Fourth Amendment rights of students to privacy and to be free from unreasonable searchesalong with parental Fourteenth Amendment Liberty Clauserights to direct the education and upbringing of their children. However, as reflected in this article, as long as educational officials enact policies in line with state laws that are explicitly designed to enhance school safety, challenges filed by students and their parents are probably destined to fail because constitutional claims are likely to be outweighed by concerns for the greater …
A “Modern” Interpretation Of The 3rd Amendment: Unconstitutional Militarized Police, Sarah York
A “Modern” Interpretation Of The 3rd Amendment: Unconstitutional Militarized Police, Sarah York
Sarah York
This paper suggests that the 3rd Amendment has not been properly analyzed by the Court to reflect its broad basis and the intent of the founding fathers concerning the limitations on the use of military force on the civilian population. The paper specifically examines the 1033 program that streamlines the process for domestic police forces to take possession of military surplus weapons, vehicles, and tactical gear. The Posse Comitatus and the documented discussions of the founding fathers are used to support the argument that the 3rd Amendment was not meant to be limited to a strict interpretation of …
The Aba Guidelines And The Norms Of Capital Defense Representation, Russell Stetler, W. Bradley Wendel
The Aba Guidelines And The Norms Of Capital Defense Representation, Russell Stetler, W. Bradley Wendel
W. Bradley Wendel
The ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (“Guidelines”), as revised in 2003, continue to stand as the single most authoritative summary of the prevailing professional norms in the realm of capital defense practice. Hundreds of court opinions have cited the Guidelines. They have been particularly useful in helping courts to assess the investigation and presentation of mitigating evidence in death penalty cases. This Article will discuss how these Guidelines have come to reflect prevailing professional norms in this critical area of capital defense practice and how that practice has developed in the …
Book Review, Unintended Consequences Of Constitutional Amendment, Neil Kinkopf
Book Review, Unintended Consequences Of Constitutional Amendment, Neil Kinkopf
Neil J. Kinkopf
No abstract provided.
Fighting Over The Founders: How We Remember The American Revolution, Andrew Schocket
Fighting Over The Founders: How We Remember The American Revolution, Andrew Schocket
Andrew M Schocket
The American Revolution is all around us. It is pictured as big as billboards and as small as postage stamps, evoked in political campaigns and car advertising campaigns, relived in museums and revised in computer games. As the nation’s founding moment, the American Revolution serves as a source of powerful founding myths, and remains the most accessible and most contested event in U.S. history: more than any other, it stands as a proxy for how Americans perceive the nation’s aspirations. Americans’ increased fascination with the Revolution over the past two decades represents more than interest in the past. It’s also …
Demanding Individual Rights And Civil Liberties: An Iranian Approach, Zahra Takhshid
Demanding Individual Rights And Civil Liberties: An Iranian Approach, Zahra Takhshid
Zahra Takhshid
Iran has a long history of social movements and revolutions. The 1906 Constitutional Revolution led to the recognition of individual rights as part of Iran’s first Constitution. With the Islamic Revolution of 1979, a new constitution was enacted, which devoted one chapter to “the Rights of the Nation.”
The Constitution has introduced several methods to protect the recognized rights: the Guardian Council, the Tribunal of Administrative Justice, and the Commission of Article 90.
In addition to the institutions introduced in the Constitution, the Legislature and the Executive branch proposed new safeguarding procedures and adopted new statutes, which recognized broader range …
The Role Of Religion In Constitutions Emerging From Arab Spring Revolutions, Evelyn Aswad
The Role Of Religion In Constitutions Emerging From Arab Spring Revolutions, Evelyn Aswad
Evelyn Aswad
No abstract provided.