Law Commons^™

Civil Rights And Related Decisions, Eileen Kaufman

Eileen Kaufman

No abstract provided.

Civil Rights And Related Decisions, Eileen Kaufman

Eileen Kaufman

No abstract provided.

Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.

In Efforts To Regulate Immigration, States Test Limits Of Their Authority, Alan E. Garfield

Alan E Garfield

No abstract provided.

Don't Be So Quick To Ban Violent Videogames, Alan E. Garfield

Alan E Garfield

No abstract provided.

Hate Funeral Protests? Then Ignore Them, Alan E. Garfield

Alan E Garfield

No abstract provided.

Patriotism For Profit And Persuasion: The Trademark, Free Speech, And Governance Problems With Protection Of Governmental Marks In The United States, Malla Pollack

Malla Pollack

“Governmental marks” are words or phrases which involve the identity of a social group that is partly defined in terms of its citizenship in a government-institution. The power to name a social group (especially one from which exit is difficult) confers enormous power over the group’s members. Legally classifying such words as trademarks commodifies them, increasing the namer’s power: both by giving the word monetary value and by providing the mark-holder with the legal right to prevent others from manipulating the word’s meaning.

Destination marketing employing governmental marks has become ubiquitous. The municipal governments of both New York City and …

Rights Bring Responsibility: Clear Constitutional Protections May Be Only The Beginning Of The Discussion, Alan E. Garfield

Alan E Garfield

No abstract provided.

Justice For All: Victim Lost In The Legal Shuffle, Dana Harrington Conner

Dana Harrington Conner

No abstract provided.

Conservative College Club Should Be Open To Gays, Alan E. Garfield

Alan E Garfield

No abstract provided.

Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin

Craig Martin

There has been little study of the analytical framework employed by the Japanese courts in resolving constitutional claims under the right to be treated as an equal and not be discriminated against. In the Japanese literature the only comparative analysis done focuses on American equal protection jurisprudence. This article examines the development of the equality rights doctrine in the Japanese Supreme Court from the perspective of an increasingly universal “proportionality analysis” approach to rights enforcement, of which the Canadian equality rights jurisprudence is a good example, in contrast to the American approach. This comparative analysis, which begins with a review …

Congress' Power Is Properly Vested, Alan E. Garfield

Alan E Garfield

No abstract provided.

Court's Campaign-Financing Decision Endangers Democracy, Alan E. Garfield

Alan E Garfield

No abstract provided.

Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello

Adam Lamparello

No abstract provided.

Incorporating The Supreme Court's Eighth Amendment Framework Into Substantive Due Process Jurisprudence Through The Introduction Of A Contingent-Based And Legislatively-Driven Constitutional Theory, Adam Lamparello

Adam Lamparello

No abstract provided.

Back To The Future: Discovery Cost Allocation And Modern Procedural Theory, Martin H. Redish, Colleen Mcnamara

Martin H Redish

It has long been established that as a general rule, discovery costs are to remain with the party from whom discovery has been sought. While courts have authority to "shift" costs in an individual instance, the presumption against such an alteration in traditional practice is quite strong. Yet at no point did the drafters of the original Federal Rules of Civil Procedure ever make an explicit decision to allocate discovery costs in this manner. Nor, apparently, did they (or anyone since) ever explain why such an allocation choice is to be made in the first place. As a result, our …

Deconstructing Transnationalism: Conceptualizing Metanationalism As A Putative Model Of Evolving Jurisprudence, Paul Enríquez

Paul Enriquez

This Article builds upon Philip C. Jessup’s revolutionary scholarship to pave new pathways for interdisciplinary research and expand the normative constitutional framework of universal human problems. To that end, this Article ties American constitutional theory to the new era of international globalization and provides context that facilitates the discussion of racial and ethnic diversity in education from a domestic and international perspective. By arguing for compelling treatment of diversity in elementary and secondary learning institutions, this Article introduces a new theory of constitutional interpretation vis-à-vis international law. This theory, called metanationalism, rejects Harold Koh’s theory of transnationalism and demonstrates that …

Graham V. Florida: Justice Kennedy's Vision Of Childhood And The Role Of Judges, Tamar R. Birckhead

Tamar R Birckhead

This short essay examines Graham v. Florida, the United States Supreme Court decision holding that the Eighth Amendment’s Cruel and Unusual Punishments Clause does not permit a juvenile offender to be sentenced to life in prison without parole for a nonhomicide crime. This essay argues that Justice Anthony Kennedy’s majority opinion is grounded not only in Roper v. Simmons, which invalidated the death penalty for juvenile offenders on Eighth Amendment grounds, and Kennedy v. Louisiana, which held that the Eighth Amendment prohibited the death penalty for the offense of rape of a child, but also in Establishment Clause cases set …

A New Global Constitutional Order?, David Schneiderman

David Schneiderman

Accompanying the rise of new transnational legal rules and institutions intended to promote global economic integration are questions about the linkages between transnational legality and constitutional law. In what ways does transnational economic law mimic features of national constitutional law? Does transnational law complement in some ways or supersede in other ways what we typically describe as constitutional law? To these questions we can now add the following: are transnational rules and institutions a proper subject of study for comparative constitutionalists? This chapter makes a case for the incorporation of forms of transnational legality into comparative constitutional studies. Taking as …

“Intelligence” Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power

Robert C. Power

No abstract provided.