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Full-Text Articles in Law

Opposing Viewpoints: The Sixth Amendment And Child Witnesses, Sarah Kroll Jan 2015

Opposing Viewpoints: The Sixth Amendment And Child Witnesses, Sarah Kroll

Children's Legal Rights Journal

No abstract provided.


Antisemitism And Hate Speech Studies, Alexander Tsesis Jan 2015

Antisemitism And Hate Speech Studies, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Free Speech Constitutionalism, Alexander Tsesis Jan 2015

Free Speech Constitutionalism, Alexander Tsesis

Faculty Publications & Other Works

In his Article, Professor Tsesis examines the three dominant normative rationales for free speech in the United States. In turn, he critiques the theories that free speech furthers democratic institutions, that free speech furthers personal autonomy, and, lastly, that free speech advances knowledge by perpetuating a marketplace of ideas. While Professor Tsesis finds much to recommend in each theory, he also finds each lacking. He concludes that the present theories are too narrow to describe the range of concerns encompassed by the First Amendment's Free Speech Clause. As such, Tsesis proposes that First

Amendment doctrine should reflect a general theory …


The Pregnancy Exclusion In Advance Directives: Are Women's Constitutional Rights Being Violated? , Katie Rinkus Jan 2014

The Pregnancy Exclusion In Advance Directives: Are Women's Constitutional Rights Being Violated? , Katie Rinkus

Public Interest Law Reporter

No abstract provided.


Doctrines Of Delusion: How The History Of The G.I. Bill And Other Inconvenient Truths Undermine The Supreme Court’S Affirmative Action Jurisprudence, Juan F. Perea Jan 2014

Doctrines Of Delusion: How The History Of The G.I. Bill And Other Inconvenient Truths Undermine The Supreme Court’S Affirmative Action Jurisprudence, Juan F. Perea

Faculty Publications & Other Works

No abstract provided.


Footholds Of Constitutional Interpretation, Alexander Tsesis Jan 2013

Footholds Of Constitutional Interpretation, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Maxim Constitutionalism: Liberal Equality For The Common Good, Alexander Tsesis Jan 2013

Maxim Constitutionalism: Liberal Equality For The Common Good, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


The United States Constitutional History Through The Barristers And Political Theories Of The Middle Temple Inn Of Court, Allen E. Shoenberger Jan 2013

The United States Constitutional History Through The Barristers And Political Theories Of The Middle Temple Inn Of Court, Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.


Origins Of The Privileges And Immunities Of State Citizenship Under Article Iv, Stewart Jay Jan 2013

Origins Of The Privileges And Immunities Of State Citizenship Under Article Iv, Stewart Jay

Loyola University Chicago Law Journal

The Privileges and Immunities Clause of Article IV provides: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” According to Alexander Hamilton, the clause was “the basis of the union,” which may seem odd given its minor significance in modern constitutional law. Part of the reason for its relative unimportance today is the development of constitutional doctrines unforeseeable in the eighteenth century: the invention of the Dormant Commerce Clause and the enactment of the Fourteenth Amendment, which prohibit much of the interstate discrimination that Article IV’s clause was intended to …


Our Divine Constitution, David Schraub Jan 2013

Our Divine Constitution, David Schraub

Loyola University Chicago Law Journal

No abstract provided.


Constitutional Catastrophe: The National Defense Authorization Act Vs. The Bill Of Rights, Shahid Buttar Jan 2012

Constitutional Catastrophe: The National Defense Authorization Act Vs. The Bill Of Rights, Shahid Buttar

Public Interest Law Reporter

No abstract provided.


The Illinois Eavesdropping Statute: Constitutional Rights Versus Felony Charges, Corinne Koopman Jan 2012

The Illinois Eavesdropping Statute: Constitutional Rights Versus Felony Charges, Corinne Koopman

Public Interest Law Reporter

No abstract provided.


Into The Light Of Day: Relevance Of The Thirteenth Amendment To Contemporary Law, Alexander Tsesis Jan 2012

Into The Light Of Day: Relevance Of The Thirteenth Amendment To Contemporary Law, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Self-Government And The Declaration Of Independence, Alexander Tsesis Jan 2012

Self-Government And The Declaration Of Independence, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Gender Subordination And The Thirteenth Amendment, Alexander Tsesis Jan 2012

Gender Subordination And The Thirteenth Amendment, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Foia The First Amendment: Representative Democracy And The People’S Exclusive “Right To Know”, Barry Sullivan Jan 2012

Foia The First Amendment: Representative Democracy And The People’S Exclusive “Right To Know”, Barry Sullivan

Faculty Publications & Other Works

No abstract provided.


Methods And Materials In Constitutional Law: Some Thoughts On Access To Government Information As A Problem For Constitutional Theory And Socio-Legal Studies.”, Barry Sullivan Jan 2011

Methods And Materials In Constitutional Law: Some Thoughts On Access To Government Information As A Problem For Constitutional Theory And Socio-Legal Studies.”, Barry Sullivan

Faculty Publications & Other Works

To be subject to law, Hobbes argued, is to be deprived of liberty, as we understand it. In this respect, democratic governments are no different from others. Hobbes's insight has not caused us to abandon our commitments to democracy, but it still challenges us to think hard about the nature of representative government, the nature of citizenship in a democratic society, and the conditions necessary for fulfilling the promise of democratic citizenship. Two recent trends are evident. Some citizens have embraced a more active sense of citizenship, which necessarily entails a more insistent need for information, while governments have insisted …


Congressional Authority To Interpret The Thirteenth Amendment., Alexander Tsesis Jan 2011

Congressional Authority To Interpret The Thirteenth Amendment., Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Connecticut Yankee Speech In Europe's Court: An Alternative Vision Of Constitutional Defamation Law To "New York Times Co. V. Sullivan?, Allen E. Shoenberger Jan 2010

Connecticut Yankee Speech In Europe's Court: An Alternative Vision Of Constitutional Defamation Law To "New York Times Co. V. Sullivan?, Allen E. Shoenberger

Faculty Publications & Other Works


The Roberts Supreme Court Takes A Sledge Hammer To Ashwander And Cautious Constitutional Jurisprudence: Citizens United V. Federal Election Commission., Allen E. Shoenberger Jan 2010

The Roberts Supreme Court Takes A Sledge Hammer To Ashwander And Cautious Constitutional Jurisprudence: Citizens United V. Federal Election Commission., Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.


Ricci’S “Color-Blind” Standard In A Race Conscious Society: A Case Of Unintended Consequences?, Michael J. Zimmer Jan 2010

Ricci’S “Color-Blind” Standard In A Race Conscious Society: A Case Of Unintended Consequences?, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.


Institutional Advocacy, Constitutional Obligations, And Professional Responsibilities: Arguments For Government Lawyering Without Glasses, John C. Dehn Jan 2010

Institutional Advocacy, Constitutional Obligations, And Professional Responsibilities: Arguments For Government Lawyering Without Glasses, John C. Dehn

Faculty Publications & Other Works

No abstract provided.


Judicial Independence And Accountability In An Age Of Unconstitutional Constitutional Amendments, Teresa Stanton Collett Jan 2010

Judicial Independence And Accountability In An Age Of Unconstitutional Constitutional Amendments, Teresa Stanton Collett

Loyola University Chicago Law Journal

No abstract provided.


Interpreting The Thirteenth Amendment., Alexander Tsesis Jan 2009

Interpreting The Thirteenth Amendment., Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Using Article Iv Of The Illinois Constitution To Attack Legislation Passed By The General Assembly, Michael J. Kasper Jan 2009

Using Article Iv Of The Illinois Constitution To Attack Legislation Passed By The General Assembly, Michael J. Kasper

Loyola University Chicago Law Journal

No abstract provided.


Illuminating The Shadows Of Constitutional Space While Tracing The Contours Of Presidential War Power, Saby Ghoshray Jan 2008

Illuminating The Shadows Of Constitutional Space While Tracing The Contours Of Presidential War Power, Saby Ghoshray

Loyola University Chicago Law Journal

No abstract provided.


Privacy Wars: Eu Versus Us: Scattered Skirmishes, Storm Clouds Ahead., Allen E. Shoenberger Jan 2007

Privacy Wars: Eu Versus Us: Scattered Skirmishes, Storm Clouds Ahead., Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.


Freedom To Integrate: A Desegregationist Perspective On The Thirteen Amendment., Alexander Tsesis Jan 2007

Freedom To Integrate: A Desegregationist Perspective On The Thirteen Amendment., Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Undermining Inalienable Rights: From Dred Scott To The Rehnquist Court., Alexander Tsesis Jan 2007

Undermining Inalienable Rights: From Dred Scott To The Rehnquist Court., Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Lessons From The Bill Of Rights About Constitutional Protection For Marriage, Lynn D. Wardle Jan 2007

Lessons From The Bill Of Rights About Constitutional Protection For Marriage, Lynn D. Wardle

Loyola University Chicago Law Journal

No abstract provided.