Law Commons^™

Protecting Equality And Human Dignity: Allowing Same-Sex Marriage, Stacey R. Jessiman

Stacey R Jessiman

This March 1996 paper argues that the common law prohibition of same sex marriage violates rights protected by both the Charter and Human Rights legislation and is inappropriate in Canadian pluralistic modern society. First, this paper argues that the common law prohibition of same-sex marriage discriminates on the basis of sexual orientation and violates parties’ constitutional right to equality protected by s.15(1) of the Charter. Second, it argues that the common law rule violates s.7 of the Charter in that it encroaches on the right to liberty of same-sex partners by insulting their dignity as human beings. Third, it argues …

Partial Membership: Aliens And The Constitutional Community, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Substantive Due Process In The Twilight Zone: Protecting Property Interests From Arbitrary Land Use Decisions, Stewart M. Wiener

Stewart M. Wiener

Substantive due process protection of the property rights of landowners against arbitrary government decisionmaking is integral to the Due Process Clause of the Fourteenth Amendment. Federal courts have taken divergent paths in addressing the nature of the property interest required to state a substantive due process claim, and the standard by which arbitrary and capricious government conduct is evaluated. Under substantive due process, an allegation of arbitrary government conduct should be evaluated under a meaningful standard, rather than the unthinking deference of the rational basis test. Strong protection of property interests protects the civil rights of individuals, rather than protecting …

El Proyecto De Ley De Protección A La Libertad Personal (1849), Daniel Soria Luján

Daniel Soria Luján

No abstract provided.

In A Greener Voice: Feminist Theory And Environmental Justice, Robert R.M. Verchick

Robert R.M. Verchick

This Article explores the way in which women activists--and the feminist strategies they contribute--help shape the meaning and pursuit of environmental justice. [FN8] It shows how methods associated with feminism have contributed to the movement's premier concerns for family safety and social equality and have prompted creative ways to identify and attack a broad range of environmental threats. The Article is divided into four parts. Part I briefly surveys the participation of women in the environmental justice movement and examines the reasons why so many women become involved in grassroots environmental struggles. Part II shows how the strategies and goals …

The Short-Lived Burial Of Miranda (Comments), Ken Gormley

Ken Gormley

No abstract provided.

Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson

David B Kopel

Domestic terrorism is not a reason to abrogate constitutional rights, argues this 101-page paper, which discusses the 1996 omnibus federal terrorism bill, and other terror proposals. Topics include: scope of the terrorism problem; Britain's mistaken response to terror; use of the military in law enforcement; the Internet; militias; wiretapping; the FBI; and federalizing local crime.

The Fourth Revolution, Robert C. Power

Robert C Power

No abstract provided.

S. 1629b The Tenth Amendment Enforcement Act Of 1996: Hearings On S. 1629 Before The Committee On Governmental Affairs 104th Cong. 2d Sess. 232-241 & 247-257, Mary Brigid Mcmanamon

Mary Brigid McManamon

No abstract provided.

The Constitution As An Obstacle To Government Ethics -- Reformist Legislation After National Treasury Employees Union, George D. Brown

George D. Brown

No abstract provided.

Are We That Far Gone?: Due Process And Secret Deportation Proceedings, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Democratizing The Constitution: The Failure Of The Seventeenth Amendment, Christopher H. Hoebeke

Christopher H Hoebeke

No abstract provided.

A Pro-Death, Self-Fulfilling Constitutional Construct: The Supreme Court’S Evolving Standard Of Decency For The Death Penalty, Susan Raeker-Jordan

Susan Raeker-Jordan

New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm

James W. Diehm

H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Randy Lee

Randy Lee

No abstract provided.

Principle, History, And Power: The Limits Of The First Amendment Religion Clauses, Stephen M. Feldman

Stephen M. Feldman

This article addresses whether the religion clauses of the U.S. Constitution prohibit the injection of religious values into political debate. I argue that Christianity hegemonically controls American society and culturally oppresses outgroup religions, particularly the prototypical minority religion of Judaism. I critically analyze how the constitutional principle of separation of church and state contributes to the current orientation of power within American society. I approach the problem of Christian social power from three perspectives: symbolic power, structural power, and the relationship between symbolic and structural power.

The Politics Of Postmodern Jurisprudence, Stephen M. Feldman

Stephen M. Feldman

Forms of postmodern interpretivism, including philosophical hermeneutics and deconstruction, assert that we are always and already interpreting. This assertion has provoked numerous scholarly attacks, many of which invoke standard modernist hobgoblins such as textual indeterminacy, solipsism, ethical relativism, and nihilism. From the modernist standpoint, postmodern jurisprudence is either conservative or apolitical because it lacks the foundations necessary for knowledge and critique. In this article, I argue that these modernist attacks not only are mistaken but that they also obscure the potentially radical political ramifications of postmodern interpretivism. Postmodern interpretivism does not lead to an infinite regress of interpretations that undermines …

Derecho En La Era Digital, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.