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Articles 1 - 7 of 7

Full-Text Articles in Law

What's A President To Do? Interpreting The Constitution In The Wake Of Bush Administration Abuses, Dawn E. Johnsen Jan 2008

What's A President To Do? Interpreting The Constitution In The Wake Of Bush Administration Abuses, Dawn E. Johnsen

Articles by Maurer Faculty

President George W. Bush and his executive branch lawyers have earned widespread criticism for extreme positions and practices regarding the scope of presidential authority. The war on terror that followed the September 11, 2001 terrorist attacks provided the context for their most controversial claims of unilateral authority: to override legal prohibitions on the use of torture and cruel, inhuman and degrading treatment; to hold "enemy combatants" indefinitely without access to counsel or any opportunity to challenge their detention; and to engage in domestic electronic surveillance without a court order. Our nation's welfare and integrity depend upon continued evaluation, response, and, …


All The President's Lawyers: How To Avoid Another "Torture Opinion" Debacle, Dawn E. Johnsen Jan 2008

All The President's Lawyers: How To Avoid Another "Torture Opinion" Debacle, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.


Death To Tyrants: District Of Columbia V. Heller And The Uses Of Guns, David C. Williams Jan 2008

Death To Tyrants: District Of Columbia V. Heller And The Uses Of Guns, David C. Williams

Articles by Maurer Faculty

No abstract provided.


Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown Jan 2008

Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Lessons Learned From Comparing The Application Of Constitutional Law And Anti-Discrimination Law To African Americans In The U.S. And Dalits In India In The Context Of Higher Education, Kevin D. Brown, Vinay Sitapati Jan 2008

Lessons Learned From Comparing The Application Of Constitutional Law And Anti-Discrimination Law To African Americans In The U.S. And Dalits In India In The Context Of Higher Education, Kevin D. Brown, Vinay Sitapati

Articles by Maurer Faculty

In this Article the authors will compare the development of constitutional law and federal anti-discrimination law in the context of higher education of African-Americans in the U.S. and Dalits in India. Both groups suffer from oppression and discrimination based upon a hereditary trait and related to their integration into mainstream society; neither group is completely isolated from the majority population responsible for the discrimination; and African-Americans and Dalits approximate similar percentages of their country's population. Based upon the 2000 census, African-Americans constitute 12.7% of the American populations, and, according to the 1991 Census Report of India, Dalits make up 16.5% …


The Supreme Court And Indiana's Voter Id Law, David Williams Jan 2008

The Supreme Court And Indiana's Voter Id Law, David Williams

Articles by Maurer Faculty

No abstract provided.


Government Data Mining: The Need For A Legal Framework, Fred H. Cate Jan 2008

Government Data Mining: The Need For A Legal Framework, Fred H. Cate

Articles by Maurer Faculty

The article examines the government's growing appetite for collecting personal data. Often justified on the basis of protecting national security, government data mining programs sweep up data collected through hundreds of regulatory and administrative programs, and combine them with huge datasets obtained from industry. The result is an aggregation of personal data - the "digital footprints" of individual lives - never before seen. These data warehouses are then used to determine who can work and participate in Social Security programs, who can board airplanes and enter government buildings, and who is likely to pose a threat in the future, even …