Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Duquesne University (89)
- American University Washington College of Law (83)
- William & Mary Law School (66)
- Universitas Indonesia (47)
- University of Pennsylvania Carey Law School (37)
-
- The University of Akron (32)
- Seattle University School of Law (30)
- Columbia Law School (28)
- University of Michigan Law School (28)
- Fordham Law School (24)
- Touro University Jacob D. Fuchsberg Law Center (24)
- UC Law SF (24)
- Maurer School of Law: Indiana University (23)
- Washington and Lee University School of Law (22)
- Roger Williams University (19)
- Notre Dame Law School (18)
- Northwestern Pritzker School of Law (17)
- Duke Law (16)
- University of Colorado Law School (15)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (15)
- University of Miami Law School (14)
- University at Buffalo School of Law (13)
- University of Georgia School of Law (13)
- University of Maine School of Law (13)
- Yeshiva University, Cardozo School of Law (13)
- Brooklyn Law School (12)
- Georgetown University Law Center (12)
- St. John's University School of Law (12)
- University of Arkansas, Fayetteville (12)
- Cleveland State University (11)
- Keyword
-
- Theology (87)
- Philosophy (86)
- Constitutional law (78)
- Constitution (74)
- Constitutional Law (71)
-
- American Religious Democracy (70)
- Hallowed Secularism (70)
- Law (51)
- Politics (41)
- First Amendment (37)
- COVID-19 (35)
- Supreme Court (30)
- Government (26)
- History (26)
- Federalism (23)
- Religion (23)
- United States (22)
- Policy (21)
- Congress (20)
- Fourth Amendment (19)
- Pandemic (19)
- United States Constitution 1st Amendment (19)
- United States Supreme Court (17)
- Discrimination (16)
- Public opinion (16)
- Coronavirus (15)
- Privacy (15)
- Abortion (14)
- Democracy (14)
- Due process (14)
- Publication
-
- Sustainable Development Law & Policy (72)
- Hallowed Secularism (70)
- Faculty Scholarship (64)
- Jurnal Hukum & Pembangunan (46)
- William & Mary Bill of Rights Journal (31)
-
- University of Pennsylvania Journal of Constitutional Law (27)
- UC Law Constitutional Quarterly (24)
- Articles (20)
- Seattle University Law Review (18)
- Newspaper Columns (15)
- ConLawNOW (14)
- Scholarly Works (14)
- Faculty Publications (13)
- Maine Law Review (13)
- Northwestern Journal of Law & Social Policy (13)
- All Faculty Scholarship (12)
- Arkansas Law Review (12)
- Fordham Law Review Online (12)
- Georgetown Law Faculty Publications and Other Works (12)
- Notre Dame Law Review (12)
- Publications (12)
- Touro Law Review (12)
- Law Faculty Scholarship (11)
- Life of the Law School (1993- ) (11)
- St. John's Law Review (11)
- Duke Journal of Constitutional Law & Public Policy Sidebar (10)
- Akron Law Review (9)
- Con Law Center Articles and Publications (9)
- Faculty Articles (9)
- Journal Articles (9)
- Publication Type
Articles 1051 - 1073 of 1073
Full-Text Articles in Law
Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman
Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman
NYLS Law Review
No abstract provided.
The Second Amendment's Safe Space, Or The Constitutionlization Of Fragility, Mary Anne Franks
The Second Amendment's Safe Space, Or The Constitutionlization Of Fragility, Mary Anne Franks
Articles
No abstract provided.
Nil/Tu,O Child And Family Services Society V. B.C. Government And Service Employees’ Union’ And Communications, Energy And Paperworkers Union Of Canada V. Native Child And Family Services Of Toronto, Naiomi Metallic
Articles, Book Chapters, & Popular Press
In NIL/TU,O and Native Child, the Supreme Court of Canada held that unions applying for certification to represent employees of Indigenous-run child and family agencies ought to be certified under provincial labour relations legislation. The majority in both cases applied a presumptive rule that labour relations are generally provincial matters. This presumption was not displaced by the fact that both agencies were Indigenous-run organizations. The Indigenous nature of the organizations, their clientele, staff, and governance, or their own preferences for labour regimes made no difference to the Court’s analysis.
Held: Appeals Allowed.
1.
The appeals should be allowed. Treating Indigenous …
Coronavirus, Civil Libertities, And The Courts: The Case Against Suspending Judicial Review, Lindsay Wiley
Coronavirus, Civil Libertities, And The Courts: The Case Against Suspending Judicial Review, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
Introduction: For obvious reasons, local and state orders designed to help “flatten the curve” of novel coronavirus infections (and conserve health care capacity to treat coronavirus disease) have provoked a series of constitutional objections — and a growing number of lawsuits attempting to have those orders modified or overturned. Like the coronavirus crisis itself, much of that litigation remains ongoing as we write this Essay. But even in these early days, the emerging body of case law has rather elegantly teed up what we have previously described as “the central (and long-running) normative debate over emergency powers: Should constitutional constraints …
Is Barrios The Death Knell Of Bosh Claims? The Sovereign Immunity Battle Between The Oklahoma Supreme Court And Legislature Over Constitutional Torts, Hayley Stillwell
Is Barrios The Death Knell Of Bosh Claims? The Sovereign Immunity Battle Between The Oklahoma Supreme Court And Legislature Over Constitutional Torts, Hayley Stillwell
Oklahoma Law Review
No abstract provided.
So Goes The Nation: The Constitution, The Compact, And What The American West Can Tell Us About How We'll Choose The President In 2020 And Beyond, Wilfred Codrington Iii
So Goes The Nation: The Constitution, The Compact, And What The American West Can Tell Us About How We'll Choose The President In 2020 And Beyond, Wilfred Codrington Iii
Faculty Scholarship
No abstract provided.
Tribal Consultation Policy And Practice:A Case Study Of The Confederated Salish And Kootenai Tribes And Nmisuletkʷ (The Middle Fork Of The Clark Fork River) As A Tribal Trust Resource, Jennifer J. Harrington
Tribal Consultation Policy And Practice:A Case Study Of The Confederated Salish And Kootenai Tribes And Nmisuletkʷ (The Middle Fork Of The Clark Fork River) As A Tribal Trust Resource, Jennifer J. Harrington
Graduate Student Theses, Dissertations, & Professional Papers
Formal, government-to-government Consultation between sovereign nations is a process of continuous relationship-building, a partnership and an agreement made with all points-of-view included in the process, with results that have the fingerprint of all nations involved evident. The Federal Government is obligated to work with Federally-recognized Tribes as sovereign nations in matters that have or will impact each Nation’s people and places (reservations, treaty-protected areas)—a process legally known as Consultation. The Environmental Protection Agency (EPA), as a federal agency, must uphold the Federal Trust responsibility which includes the act of Consulting with Federally-recognized Tribes on matters involving human health and the …
Critical Developments In Housing Policy, Kat Meyers, Cheryl Gonzales, Edward Josephson, Andrew Scherer, Michael C. Pollack
Critical Developments In Housing Policy, Kat Meyers, Cheryl Gonzales, Edward Josephson, Andrew Scherer, Michael C. Pollack
Faculty Articles
The 2019 Cardozo Journal of Equal Rights and Social Justice Symposium, Critical Developments in NY Housing Policy, brought leaders in NYC housing law to campus for a discussion on recent changes to tenants’ rights in the 2019 New York Housing Stability and Tenant Protection Act.
The event began with a keynote introduction by Kat Meyers, Staff Attorney in the Law Reform Unit of the Legal Aid Society, explaining the context of the new laws.
After a short break, Cardozo's Professor Pollack moderated a panel with participants Honorable Cheryl Gonzales, Supervising Judge in Kings County, Edward Josephson, Director of Litigation …
Principles Of Home Rule For The Twenty-First Century, Richard Briffault, Nestor M. Davidson, Paul A. Diller, Sarah Fox, Laurie Reynolds, Erin A. Scharff, Richard Schragger, Rick Su
Principles Of Home Rule For The Twenty-First Century, Richard Briffault, Nestor M. Davidson, Paul A. Diller, Sarah Fox, Laurie Reynolds, Erin A. Scharff, Richard Schragger, Rick Su
Faculty Scholarship
The National League of Cities’ “Principles of Home Rule for the Twenty-First Century” updates the American Municipal Association’s 1953 “Model Constitutional Provisions for Municipal Home Rule.” The AMA approach was widely adopted, but those provisions are now over 65 years old and intervening social, demographic, economic, and political changes necessitates a new approach to the legal structure of state-local relations. The NLC’s approach is organized around four basic principles, which are cashed-out in a model constitutional home rule provision, with commentary. The first principle states that a state’s law of home rule should provide local governments the full capacity to …
On Trust, Law, And Expecting The Worst, Elizabeth F. Emens
On Trust, Law, And Expecting The Worst, Elizabeth F. Emens
Faculty Scholarship
This Review has three parts. Part I aims to convey something of the breadth and interest of Hasday’s fascinating new book, foregrounding the role of gender and beginning to touch the subject of trust. Part II delves briefly but widely into the theme of trust, which pervades the book and invites further examination. Part III presents a framework that combines affective trust and epistemic curiosity and applies this framework to illuminate and sort Hasday’s proposals for reform; to critique a recent, dramatic change in the evidentiary treatment of marital confidences; and to devise a novel approach to prenuptial agreements. Throughout, …
Race And Reasonableness In Police Killings, Jeffrey A. Fagan, Alexis D. Campbell
Race And Reasonableness In Police Killings, Jeffrey A. Fagan, Alexis D. Campbell
Faculty Scholarship
Police officers in the United States have killed over 1000 civilians each year since 2013. The constitutional landscape that regulates these encounters defaults to the judgments of the reasonable police officer at the time of a civilian encounter based on the officer’s assessment of whether threats to their safety or the safety of others requires deadly force. As many of these killings have begun to occur under similar circumstances, scholars have renewed a contentious debate on whether police disproportionately use deadly force against African Americans and other nonwhite civilians and whether such killings reflect racial bias. We analyze data on …
The Supreme Court’S Two Constitutions: A First Look At The “Reverse Polarity” Cases, Arthur D. Hellman
The Supreme Court’S Two Constitutions: A First Look At The “Reverse Polarity” Cases, Arthur D. Hellman
Articles
In the traditional approach to ideological classification, “liberal” judicial decisions are those that support civil liberties claims; “conservative” decisions are those that reject them. That view – particularly associated with the Warren Court era – is reflected in numerous academic writings and even an article by a prominent liberal judge. Today, however, there is mounting evidence that the traditional assumptions about the liberal-conservative divide are incorrect or at best incomplete. In at least some areas of constitutional law, the traditional characterizations have been reversed. Across a wide variety of constitutional issues, support for claims under the Bill of Rights or …
Intratextual And Intradoctrinal Dimensions Of The Constitutional Home, Gerald S. Dickinson
Intratextual And Intradoctrinal Dimensions Of The Constitutional Home, Gerald S. Dickinson
Articles
The home has been lifted to a special pantheon of rights and protections in American constitutional law. Until recently, a conception of special protections for the home in the Fifth Amendment Takings Clause was under-addressed by scholars. However, a contemporary and robust academic treatment of a home-centric takings doctrine merits a different approach to construction and interpretation: the intratextual and intradoctrinal implications of a coherent set of homebound protections across the Bill of Rights, including the Takings Clause.
Intratextualism and intradoctrinalism are interpretive methods of juxtaposing non-adjoining and adjoining clauses in the Constitution and Supreme Court doctrines to find patterns …
The Legal And Medical Necessity Of Abortion Care Amid The Covid-19 Pandemic, Greer Donley, Beatrice Chen, Sonya Borrero
The Legal And Medical Necessity Of Abortion Care Amid The Covid-19 Pandemic, Greer Donley, Beatrice Chen, Sonya Borrero
Articles
In response to the COVID-19 pandemic, states have ordered the cessation of non-essential healthcare. Unfortunately, many conservative states have sought to capitalize on those orders to halt abortion care. In this short paper, we argue that abortion should not fall under any state’s non-essential healthcare order. Major medical organizations recognize that abortion is essential healthcare that must be provided even in a pandemic, and the law recognizes abortion as a time-sensitive constitutional right. Finally, we examine the constitutional arguments as to why enforcing these orders against abortion providers should not stand constitutional scrutiny. We conclude that no public health purpose …
Parental Autonomy Over Prenatal End-Of-Life Decisions, Greer Donley
Parental Autonomy Over Prenatal End-Of-Life Decisions, Greer Donley
Articles
When parents learn that their potential child has a life-limiting, often devastating, prenatal diagnosis, they are faced with the first (and perhaps, only) healthcare decisions they will make for their child. Many choose to terminate the pregnancy because they believe it is in their potential child’s best interest to avoid a short and painful life. I argue that these decisions should be protected in the same way that parental healthcare decisions are constitutionally protected after birth—including a parent’s refusal or withdrawal of life-saving treatment for an infant or child who is very sick or dying. Parental autonomy ensures that parents …
The Lost Promise Of Lambert V. California, Cynthia Alkon
The Lost Promise Of Lambert V. California, Cynthia Alkon
Faculty Scholarship
This Article will start with a brief overview of the Lambert case. It will then discuss the differing views on how to interpret this relatively short case. Next, it will review the cases citing to Lambert that illustrate the narrow approach that courts have taken when applying this case. Finally, it will offer some thoughts on how Lambert could have played a role in preventing some of the excesses of mass incarceration, but failed.
Disuniformity Of Federal Constitutional Rights, Joseph Blocher
Disuniformity Of Federal Constitutional Rights, Joseph Blocher
Faculty Scholarship
Judge Jeffrey Sutton’s 51 Imperfect Solutions describes and celebrates the crucial role of state constitutional law in “making” American constitutional law. The fact that states do not speak with one voice in doing so is, in Sutton’s account, a feature rather than a bug. The diversity in their approaches permits experimentation and tailoring, and ultimately produces a stronger and more supple constitutional fabric.
Sutton’s enthusiasm for the diversity and dynamism of state constitutional law is entirely convincing. But is the federal alternative quite so flat? Although federal constitutional rights are undoubtedly more uniform than those of states, they are not …
Firearms, Extreme Risk, And Legal Design: "Red Flag" Laws And Due Process, Joseph Blocher, Jacob D. Charles
Firearms, Extreme Risk, And Legal Design: "Red Flag" Laws And Due Process, Joseph Blocher, Jacob D. Charles
Faculty Scholarship
The most prominent recent development in gun regulation has been the spread of extreme risk protection order (ERPO) laws—often called “red flag” laws—which permit the denial of firearms to individuals who a judge has determined present an imminent risk of harm to themselves or others. Following a wave of adoptions in the wake of the Parkland murders, such orders are now authorized by law in eighteen states and the District of Columbia, and under consideration in many others. Advocates argue that they provide a tailored, individualized way to deter homicide, suicide, and even mass shootings by providing a tool for …
Title Ix And Official Policy Liability: Maximizing The Law’S Potential To Hold Education Institutions Accountable For Their Responses To Sexual Misconduct, Erin E. Buzuvis
Faculty Scholarship
Title IX, the federal statute that prohibits sex discrimination in education, plays a key role in institutional accountability for sexual misconduct that is perpetrated by a school’s students, faculty, and staff. The Supreme Court has confirmed that Title IX includes an implied right of action for money damages when the institution had actual notice that sexual harassment had occurred, or was likely to occur, and responded to that threat with deliberate indifference. But the deliberate indifference standard has proven to be a high and unpredictable bar for plaintiffs. For this reason, many institutions required the threat of government enforcement—issued in …
The Unwritten Rules Of Liberal Democracy, Charles W. Collier
The Unwritten Rules Of Liberal Democracy, Charles W. Collier
UF Law Faculty Publications
This Article is set amidst the distinctly unsettled and unsettling state of governmental practices, legislative policy, and presidential politics of contemporary America. Immediacy, too, introduces its own uncertainty—as compared to the comfortable vantage point of the distant future. But, as I shall argue, there is no realistic alternative to beginning in medias res. To address these issues as they inherently demand, the usual precedents and protocols and precautions must be set aside—if they are not already “gone with the wind.”6 Since the 2016 Presidential Election, and even before, threats to liberal democracy have emerged, in plausible form, as never before …
Guns In The Private Square, Cody Jacobs
Guns In The Private Square, Cody Jacobs
Faculty Scholarship
The regulation of guns has been one of the most hotly debated public policy issues in the United States throughout the country’s history. But, up until recently, it has always been just that — a debate about public policy. Two recent developments have changed the landscape and moved the debate about publicly carrying firearms from the realm of public policy, to the realm of private decision-making and private law. First, laws related to publicly carrying firearms have been dramatically loosened throughout the United States to the point that, in the vast majority of states, anyone who is legally allowed to …
The Contrasting Fates Of French Canadian And Indigenous Constitutionalism: British North America, 1760-1867, Philip Girard
The Contrasting Fates Of French Canadian And Indigenous Constitutionalism: British North America, 1760-1867, Philip Girard
Articles & Book Chapters
In the century after the fall of New France, both Indigenous peoples of Canada and French Canadians could be described as colonised peoples. Yet the treatment of each group's pre-existing laws and the ways in which each found its constitutional demands recognised (or not) varied considerably. In spite of significant rebellions in 1837-1838, French Canadians went on to achieve a high degree of autonomy within the province of Quebec in the British North America Act 1867. Meanwhile, intercultural legal arrangements with Indigenous peoples, such as the Covenant Chain, which could be termed constitutional, were gradually undermined, ignored and forgotten. This …
Consultation, Cooperation And Consent In The Commons' Court: "Manner And Form" After Mikisew Cree Ii, Craig M. Scott
Consultation, Cooperation And Consent In The Commons' Court: "Manner And Form" After Mikisew Cree Ii, Craig M. Scott
Articles & Book Chapters
In Mikisew Cree II, a large majority of the Supreme Court of Canada took the view that the Constitution Act, 1982, section 35 duty to consult and accommodate cannot constrain the legislative process, and that the legislative process includes bill preparation activities carried out by Ministers and by officials in the executive. My limited purpose in this article is to show how the question of participatory constraints on legislative processes that affect Indigenous legal interests has more been deflected than resolved by this ruling -- at the same time as this deflection has productive potential by virtue of how it …