Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 10 of 10
Full-Text Articles in Law
Dignity And Social Meaning: Obergefell, Windsor, And Lawrence As Constitutional Dialogue, Steve Sanders
Dignity And Social Meaning: Obergefell, Windsor, And Lawrence As Constitutional Dialogue, Steve Sanders
Articles by Maurer Faculty
The U.S. Supreme Court’s three most important gay and lesbian rights decisions—Obergefell v. Hodges, United States v. Windsor, and Lawrence v. Texas—are united by the principle that gays and lesbians are entitled to dignity. Beyond their tangible consequences, the common constitutional evil of state bans on same-sex marriage, the federal Defense of Marriage Act, and sodomy laws was that they imposed dignitary harm. This Article explores how the gay and lesbian dignity cases exemplify the process by which constitutional law emerges from a social and cultural dialogue in which the Supreme Court actively participates. In doing …
The Argument For Same-Sex Marriage (Debate), Deborah A. Widiss, Nelson Tebbe, Shannon Gilreath
The Argument For Same-Sex Marriage (Debate), Deborah A. Widiss, Nelson Tebbe, Shannon Gilreath
Articles by Maurer Faculty
Perry v. Schwarzenegger, in which a federal district court held California's ban on same-sex marriages unconstitutional, is set for expedited review in the Ninth Circuit; many argue that the case will ultimately be decided by the Supreme Court. The arguments for and against the constitutionality of such statutes are thus at a fever pitch. In an article published earlier this year, Professors Nelson Tebbe and Deborah Widiss argued that marriage rights are best conceived of as an issue of equal access, rather than one of equal protection or substantive due process. Nelson Tebbe & Deborah A. Widiss, Equal Access and …
The Constitutional Right To "Conservative" Revolution, David C. Williams
The Constitutional Right To "Conservative" Revolution, David C. Williams
Articles by Maurer Faculty
No abstract provided.
The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle
The Legitimacy Of Judicial Review In Individual Rights Cases: Michael Perry's Constitutional Theory And Beyond, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle
Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
The Exclusionary Rule In Germany, Craig M. Bradley
The Exclusionary Rule In Germany, Craig M. Bradley
Articles by Maurer Faculty
The exclusionary rule that the Supreme Court has fashioned to suppress evidence obtained unconstitutionally is directed at least in part toward deterring police conduct that violates constitutional norms. Since the inception of the rule, the value and efficacy of a prescript that excludes otherwise relevant and probative evidence in a factfinding proceeding has been a subject of heated debate. In this Article, Professor Bradley examines the rather different exclusionary rules used in Germany. He argues that a comparison of exclusionary rules in Germany and the United States suggests that a number of different policies of a criminal justice system could …
Representation Under The Ohio Public Defender Act, Daniel O. Conkle
Representation Under The Ohio Public Defender Act, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
The Emerging Constitutional Principle Of Sexual Equality, Julius G. Getman
The Emerging Constitutional Principle Of Sexual Equality, Julius G. Getman
Articles by Maurer Faculty
No abstract provided.
Parolee Not Protected Against Unreasonable Searches And Seizures By His Parole Officer, Roger B. Dworkin
Parolee Not Protected Against Unreasonable Searches And Seizures By His Parole Officer, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Constitutional Liberties And Statutory Construction, Frank Edward Horack Jr.
Constitutional Liberties And Statutory Construction, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.