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Articles 31 - 60 of 216
Full-Text Articles in Law
A Claim For Third Party Standing In America's Prisons, N. Jeremi Duru
A Claim For Third Party Standing In America's Prisons, N. Jeremi Duru
Buffalo Public Interest Law Journal
No abstract provided.
Balancing "Parents Are" And "Parents Do" In The Supreme Court's Constitutionalized Family Law: Some Implications For The Ali Proposals On De Facto Parenthood, David M. Wagner
BYU Law Review
No abstract provided.
What Constitutional Law Can Learn From The Ali Principles Of Family Dissolution, David D. Meyer
What Constitutional Law Can Learn From The Ali Principles Of Family Dissolution, David D. Meyer
BYU Law Review
No abstract provided.
Stare Decisis As A Constitutional Requirement, Thomas Healy
Stare Decisis As A Constitutional Requirement, Thomas Healy
West Virginia Law Review
No abstract provided.
The Very Faithless Elector, Vasan Kesavan
The Very Faithless Elector, Vasan Kesavan
West Virginia Law Review
No abstract provided.
Has The Supreme Court Created A Constitutional Shield For Private Discrimination Against Homosexuals - A Look At The Future Remifications Of Boy Scouts Of America V. Dale, Erica L. Stringer
Has The Supreme Court Created A Constitutional Shield For Private Discrimination Against Homosexuals - A Look At The Future Remifications Of Boy Scouts Of America V. Dale, Erica L. Stringer
West Virginia Law Review
No abstract provided.
Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland
Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland
Washington and Lee Law Review
No abstract provided.
Integration Without Classification: Moving Toward Race-Neutrality In The Pursuit Of Public Elementary And Secondary School Diversity, Paul Diller
Michigan Law Review
Ever since the Supreme Court's invalidation of racially segregated public schools in Brown v. Board of Education, America has wrestled with the challenge of successfully dismantling educational apartheid. In recent years, the federal judiciary has largely retreated from enforcing desegregation in school districts that were once under court supervision for engaging in intentional racial discrimination, finding that the vestiges of past discrimination have been satisfactorily ameliorated. In some such unitary school districts, as well as in districts in which no intentional segregation was ever identified by the courts, boards of education, have voluntarily implemented student assignment plans designed to increase …
How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian
How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian
Michigan Law Review
Learned commentators have called the Religious Freedom Restoration Act of 1993 ("RFRA" or "the Act") "perhaps the most unconstitutional statute in the history of the nation" and "the most egregious violation of the separation of powers doctrine in American constitutional history." In the 1997 case of City of Boerne v. Flores, the Supreme Court struck down the Act in its applications to state and local governments, declaring that "RFRA contradicts vital principles necessary to maintain separation of powers and the federal balance." The Act's applications to federal law, however, survived Boerne, which means that plaintiffs with religious freedom claims against …
You've Taken An Oath To Support The Constitution, Now What? The Constitutional Requirement For A Congressional Oath Of Office, Vic Snyder
University of Arkansas at Little Rock Law Review
No abstract provided.
The Declaration Of Independence: A 225th Anniversary Re-Interpretation, Carlton F.W. Larson
The Declaration Of Independence: A 225th Anniversary Re-Interpretation, Carlton F.W. Larson
Washington Law Review
The importance of the Declaration of Independence to American law has been obscured by dubious associations with natural rights jurisprudence. Legal scholars have therefore overlooked the numerous ways in which the Declaration is relevant to a host of legal issues. Ample textual and historical evidence demonstrates that the Declaration, not the Articles of Confederation or the Constitution, legally constituted the United States of America as a distinct nation in the world community. The Declaration was not the act of thirteen states declaring their individual independence, but the act of one American people announcing the birth of an American nation. Nor …
Constitutional Civil Rights, John Sanchez
Constitutional Civil Rights, John Sanchez
Mercer Law Review
The 2000 survey period was an active year for constitutional civil rights litigation in the Eleventh Circuit. All eighteen cases examine thorny issues arising under the First Amendment. Thirteen cases address free speech issues while five cases touch on religion. Two cases deal with zoning ordinances that regulate adult businesses. Two cases address the constitutionality of zoning ordinances that regulate nude dancing. Two apply the test in Central Hudson Gas & Electric Corp. v. Public Service Commission ("Central Hudson") for regulating commercial speech. Two cases analyze the law of prior restraints when it comes to licensing access to traditional public …
Constitutional Criminal Procedure, James P. Fleissner, Sarah B. Mabery, Jeanne L. Wiggins
Constitutional Criminal Procedure, James P. Fleissner, Sarah B. Mabery, Jeanne L. Wiggins
Mercer Law Review
This Article surveys noteworthy 2000 decisions of the United States Court of Appeals for the Eleventh Circuit in the field commonly known as Constitutional Criminal Procedure. As in past years, the survey focuses on significant decisions concerning the Fourth Amendment's protection against unreasonable searches and seizures; the Fifth Amendment's privilege against self-incrimination, prohibition against double jeopardy, and guarantees of due process and grand jury screening; and the Sixth Amendment's procedural protections, including the right to counsel and the right of confrontation. Of course, most of these rights, with few exceptions, such as the right to have charges approved by a …
Just And Unjust Compensation: The Future Of The Navigational Servitude In Condemnation Cases, Alan T. Ackerman, Noah Eliezer Yanich
Just And Unjust Compensation: The Future Of The Navigational Servitude In Condemnation Cases, Alan T. Ackerman, Noah Eliezer Yanich
University of Michigan Journal of Law Reform
In 1967, the U.S. Supreme Court, in United States v. Rands, expanded the navigational servitude doctrine governing the federal government's power over land adjoining a navigable waterway by severely qualifying the government's Fifth Amendment obligation to compensate the landowner. This Article addresses the issue in the following ways: Part I surveys Congress' power to regulate navigable waters under the Commerce Clause. Part II summarizes the development of the navigational servitude doctrine and some of its inhibitory effects on waterfront development, especially under Rands. It explains the fundamental unfairness of the Rands principle and demonstrates why this constitutional rule …
Supreme Court Power Play: Assessing The Appropriate Role Of The Senate In The Confirmation Process, Jeff Yates, William Gillespie
Supreme Court Power Play: Assessing The Appropriate Role Of The Senate In The Confirmation Process, Jeff Yates, William Gillespie
Washington and Lee Law Review
The Bush Administration will likely have the opportunity to make a number of appointments to the Supreme Court; however, such nominations may lead to contentious confirmation hearings in the Senate. When such an appointment opportunity does present itself, questions are bound to arise concerning the appropriate role of the United States Senate in the confirmation of Supreme Court nominees under the "advice and consent" provisions of article H of the Unite States Constitution. Disputes over the Senate 's proper role and scope of inquiry seem to emerge whenever a nominee has faced the confirmation process and have been a timeworn …
When Money Talks: Reconciling Buckley, The First Amendment, And Campaign Finance Reform, Stephanie Pestorich Manson
When Money Talks: Reconciling Buckley, The First Amendment, And Campaign Finance Reform, Stephanie Pestorich Manson
Washington and Lee Law Review
No abstract provided.
Tiger's Paper Tiger: The Endangered Right Of Publicity, David J. Michnal
Tiger's Paper Tiger: The Endangered Right Of Publicity, David J. Michnal
Washington and Lee Law Review
No abstract provided.
The Public Interest Standard: Is It Too Indeterminate To Be Constitutional?, Randolph J. May
The Public Interest Standard: Is It Too Indeterminate To Be Constitutional?, Randolph J. May
Federal Communications Law Journal
This Article argues that the congressional delegation of public interest authority to the FCC likely violates the nondelegation doctrine that inheres in the constitutional separation of powers scheme and that, even if the courts do not hold the public interest delegation unconstitutional, Congress should revise the Communications Act to set forth more specific guidance for the FCC. In today’s environment of “convergence,” in which competition is flourishing across communications sectors, Congress should not shirk its responsibility to establish fundamental policy for an industry that contributes so much to the overall health of our economy. This Article argues that Congress should …
Freedom Of Or Freedom From Religion? An Overview Of Issues Pertinent To The Constitutional Protection Of Religious Rights And Freedom In "The New South Africa", Lourens Du Plessis
Freedom Of Or Freedom From Religion? An Overview Of Issues Pertinent To The Constitutional Protection Of Religious Rights And Freedom In "The New South Africa", Lourens Du Plessis
BYU Law Review
No abstract provided.
Religious Freedom: Russian Constitutional Principles-Historical And Contemporary, Nikolas K. Gvosdev
Religious Freedom: Russian Constitutional Principles-Historical And Contemporary, Nikolas K. Gvosdev
BYU Law Review
No abstract provided.
An Attempt At Modernization: The New Bulgarian Legislation In The Field Of Religious Freedom, Atanas Krussteff
An Attempt At Modernization: The New Bulgarian Legislation In The Field Of Religious Freedom, Atanas Krussteff
BYU Law Review
No abstract provided.
Religious Pluralism: Problems And Prospects, J. Gordon Melton
Religious Pluralism: Problems And Prospects, J. Gordon Melton
BYU Law Review
No abstract provided.
Islam In Russia Under The Federal Law On Freedom Of Conscience And On Religious Associations: Official Tolerance In An Intolerant Society, R. Christopher Preston
Islam In Russia Under The Federal Law On Freedom Of Conscience And On Religious Associations: Official Tolerance In An Intolerant Society, R. Christopher Preston
BYU Law Review
No abstract provided.
Religious Freedom In Germany, Gerhard Robbers
Subconsitutional Constitutional Law: Supplement, Sham, Or Substitute?, Mark Tushnet
Subconsitutional Constitutional Law: Supplement, Sham, Or Substitute?, Mark Tushnet
William & Mary Law Review
No abstract provided.
A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen
A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen
William & Mary Law Review
No abstract provided.
Religious Liberty At Home And Abroad: Reflections On Protecting This Fundamental Freedom, Orrin G. Hatch
Religious Liberty At Home And Abroad: Reflections On Protecting This Fundamental Freedom, Orrin G. Hatch
BYU Law Review
No abstract provided.
The Religious Freedom And Legal Status Of Churches, Religious Organizations, And New Religious Movements In The Slovak Republic, Martin Dojcar
The Religious Freedom And Legal Status Of Churches, Religious Organizations, And New Religious Movements In The Slovak Republic, Martin Dojcar
BYU Law Review
No abstract provided.
Perspectives On Freedom Of Conscience And Religion In The Jurisprudence Of Constitutional Courts, Leszek Lech Garlicki
Perspectives On Freedom Of Conscience And Religion In The Jurisprudence Of Constitutional Courts, Leszek Lech Garlicki
BYU Law Review
No abstract provided.
Regulation Of Religious Proselytism In The United States, Howard O. Hunter, Polly J. Price
Regulation Of Religious Proselytism In The United States, Howard O. Hunter, Polly J. Price
BYU Law Review
No abstract provided.