Law Commons^™

Fifth Amendment First Principles: The Self-Incrimination Clause, Akhil Reed Amar, Renée B. Lettow

Michigan Law Review

In Part I of this article, we examine the global puzzle of the Self-Incrimination Clause and the local confusion or perversion lurking behind virtually every key word and phrase in the clause as now construed. In Part II we elaborate our reading of the clause and show how it clears up the local problems and solves the overall puzzle.

Ethnicity And The Constitution: Beyond The Black And White Binary Constitution, Juan F. Perea

William & Mary Law Review

No abstract provided.

Seventh Amendment Right To Jury Trial In Non-Article Iii Proceedings: A Study In Dysfunctional Constitutional Theory, Martin H. Redish, Daniel J. La Fave

William & Mary Bill of Rights Journal

The right to a jury trial in civil cases, as enumerated in the Seventh Amendment to the United States Constitution, is an integral part of the Bill of Rights. Nevertheless, in this Article, Professor Redish and Mr. La Fave argue that the Supreme Court has failed to preserve this right when Congress has relegated claims to a non-Article III forum. Furthermore, they argue, the Court has done so without providing any basis in constitutional theory to justify such a relinquishment.

Professor Redish and Mr. La Fave first examine the Supreme Court's interpretation of the Seventh Amendment in instances where Congress …

Information About Individuals In The Hands Of Government: Some Reflections On Mechanisms For Privacy Protection, Lillian R. Bevier

William & Mary Bill of Rights Journal

Information is the handmaiden of the modern activist state. In particular, information provided by individuals to government enables government to assess and collect taxes, to distribute social welfare benefits, and to pursue its regulatory agenda. Computer technology enhances the government's ability to gather, store, analyze, and process personal data. Computers make it easy for government agencies to share with one another information provided to them by individual citizens.

These facts bring issues of "informational privacy" to the fore. In this Article, Professor BeVier examines one such issue, namely that of unconsented-to use by government of accurate information provided by citizens …

The Constitutionality Of Lobby Reform: Implicating Associational Privacy And The Right To Petition The Government, Steven A. Browne

William & Mary Bill of Rights Journal

Lobbyists currently are required to register and report to the United States Congress under the Federal Regulation of Lobbying Act of 1946. Because of poor draftsmanship, the 1946 Act actually covers few lobbyists and is not enforced by the federal government. One recent federal bill attempts to reform lobbying registration by addressing the inadequacies of the current law. If enacted, this bill might be challenged as an impediment to First Amendment rights. Any attempt at lobby reform implicates the First Amendment right to petition the government and the right of associational privacy. These issues have been analyzed by state and …

The 1991 Constitution Of Thailand, Ted L. Mcdorman

Washington International Law Journal

In December 1991, Thailand enacted its fifteenth constitution since the Thai military's overthrow of the absolute monarchy in 1932. As was the case with most of the previous Thai constitutions, the promulgation of the 1991 Thai Constitution was preceded by a military coup. Further conforming to Thailand's constitutional history and tradition, the coup-leaders, after suspending the 1978 Constitution, attempted to enact a new constitution legitimizing the military's role in the government. Yet they were less successful than in the past as is indicated by the substance of the 1991 Constitution and the events surrounding its enactment. The public became involved …

Levin, Jeffries, And The Fate Of Academic Autonomy, Nathan Glazer

William & Mary Law Review

No abstract provided.

The Case Against Fifra Preemption: Reconciling Cipollone's Preemption Approach With Both The Supremacy Clause And Basic Notions Of Federalism, Stephen D. Otero

William & Mary Law Review

No abstract provided.

Monkey Trials: Science, Defamation, And The Suppression Of Dissent, Michael Kent Curtis

William & Mary Bill of Rights Journal

In 1992, Rolling Stone magazine published "The Origin of AIDS. ?" The article explored a controversial and unconfirmed theory that the AIDS epidemic had been an inadvertent result of a polio vaccine trial conducted in Africa in the late 1950s. The researcher who conducted the African trials discussed by Rolling Stone sued the magazine for libel. He alleged that the article should be interpreted as asserting that he had caused the epidemic, that the AIDS-polio vaccine theory was false, and that it defamed him. Monkey Trials explores the controversial theory of the origin of AIDS and considers whether discussion (or …

Cruelly Unusual, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Pa. Justices Were Wrong To Fill Spot, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Does Pro-Choice Mean Pro-Kevorkian--An Essay On Roe, Casey, And The Right To Die, Seth F. Kreimer

American University Law Review

No abstract provided.

Human Rights Law And Reproductive Self-Determination Conference On The Interventional Protection Of Reproductive Rights, Rebecca J. Cook

American University Law Review

No abstract provided.

Transcript: Facing Facts: The Role Of Epidemiology In Reproductive Rights Advocacy Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Lynn Freedman, Deborah Maine

American University Law Review

No abstract provided.

Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.

The Federal Government And The Promise Of Brown, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

The U.S. Department of Justice has played an important role in the development and enforcement of school desegregation law, by participating in Brown and later cases. From the Truman administration to the present, the thrust of government policy has been to promote unity and vindicate the unmet promise of the equal protection clause. The ambiguity of the Supreme Court's decision in Brown has allowed considerable flexibility in defining and remedying discrimination. Whether Brown failed or succeeded depends on which possible meaning of Brown one accepts. The department now should protect the gains under Brown from retrogressive attacks and should oppose …

Federalism And Families, Anne Dailey

Faculty Articles and Papers

No abstract provided.

Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven Grossman

Kentucky Law Journal

No abstract provided.

The American Tradition Of Language Rights: The Forgotten Right To Government In A Known Tongue, Jose R. "Beto" Juarez

Faculty Scholarship

No abstract provided.

Judicial Selection In The People’S Democratic Republic Of Pennsylvania: Here The People Rule?, Harry L. Witte

Harry L Witte

No abstract provided.

The Religious Freedom Restoration Act: Responding To Smith; Reconsidering Reynolds, Keith Jaasma

Keith Jaasma

This comment examines the cae of Employment Division, Department of Human Resources of Oregon v. Smith, and Congress' response to that decision in the Religious Freedom Restoration Act (RFRA). The Comment further examines whether the Supreme Court's 1879 Decision in Reynolds v. United States, which upheld laws against polygamy in the Utah Territory, would continue to be viable in light of the RFRA and Free Excercise Clause cases that have been decided since.

The Reports Of The Supreme Court Of Pennsylvania, Joel Fishman

Joel Fishman

This article reviews the history of the court reports of the Pennsylvania Supreme Court from mid-eighteenth century to present along with a bibliography of the reports.

Clinic Blockades: What Is The Problem? What Is The Harm? What Is The Solution?, Nona Laplante

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young

Faculty Scholarship

No abstract provided.

Standing Back From The Forest: Justiciability And Social Choice, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.

Comparing Implied And Express Constitutional Freedoms, David S. Bogen

Faculty Scholarship

No abstract provided.

Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber

Faculty Scholarship

This Article explores whether contemporary advocates of restrictions on bigoted expression have more in common with contemporary advocates of broad First Amendment rights or with past censors. The critical theorists who would ban some hate speech rely heavily on the equal citizenship principles that radical civil libertarians believe justify almost absolute speech rights. The First Amendment, past and present censors argue, does not fully protect speech inconsistent with what they believe are basic constitutional values. This claim repudiates a basic principle of American constitutionalism, the faith that "self-evident" constitutional values will triumph in the constitutional marketplace of ideas. The ideological …

International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli

Penn State International Law Review

No abstract provided.

The Second Adoption Of The Establishment Clause: The Rise Of The Non-Establishment Principle, Kurt T. Lash

Law Faculty Publications

In the 70 years since Gitlow first incorporated the First Amendment protections of speech and press against the states, the Establishment Clause has been a boon to incorporation's enemies and an embarrassment to its friends. Scholars who make the historical case for general incorporation either ignore, or carefully distinguish, the case of the Establishment Clause. Anti-incorporationists, on the other hand, use the case against incorporation of the Establishment Clause as their cause celebre. In fact, so wonderfully ambiguous is the history surrounding this opening line of the Bill of Rights that originalists use it to attack incorporation, and nonoriginalists use …