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Constitutional rights

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Full-Text Articles in Law

Dignity And Social Meaning: Obergefell, Windsor, And Lawrence As Constitutional Dialogue, Steve Sanders Jan 2019

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 Jan 2010

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 Jan 1997

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 Jan 1985

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 Jan 1985

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 Jan 1983

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 Jan 1977

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 Jan 1972

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 Jan 1965

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. Jan 1944

Constitutional Liberties And Statutory Construction, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.