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Articles 1 - 30 of 168
Full-Text Articles in Law
The Living Commerce Clause: Federalism In Progressive Political Theory And The Commerce Clause After Lopez And Morrison, Eric R. Claeys
The Living Commerce Clause: Federalism In Progressive Political Theory And The Commerce Clause After Lopez And Morrison, Eric R. Claeys
William & Mary Bill of Rights Journal
"Living Constitution " ideas are most often associated with individual-rights guarantees like equal protection and due process, but they were originally developed in the early twentieth century to revolutionize the law of the structural Constitution - including the Commerce Clause. In this Article, Professor Claeys interprets Progressive political theory, which played a crucial role in legitimating the expansion of the national government. As applied to federalism, Progressive living-Constitution theory required that the Commerce Clause be interpreted as a constitutional transmitter letting the national government regulate whatever the American people deem to be a national problem. He suggests that this notion …
The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday
The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday
Michigan Law Review
For more than a quarter century, the Supreme Court has repeatedly declared that sex-based state action is subject to heightened scrutiny under the Equal Protection Clause. But the Court has always been much less clear about what that standard allows and what it prohibits. For this reason, it is especially noteworthy that one of the Court's most recent sex discrimination opinions, United States v. Virginia, purports to provide more coherent guidance. Virginia suggests that the constitutionality of sex-based state action turns on whether the practice at issue denies women "full citizenship stature" or "create[s) or perpetuate[s) the legal, social, …
Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Barnes
Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Barnes
Michigan Law Review
Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today . . . the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that. " Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It …
Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler
Safe, But Not Sound: Limiting Safe Harbor Immunity For Health And Disability Insurers And Self-Insured Employers Under The Americans With Disabilities Act, Rachel Schneller Ziegler
Michigan Law Review
When Congress passed the Americans with Disabilities Act ("ADA") on July 26, 1990, supporters heralded the Act as a full-scale victory for the 43 million disabled Americans. The Act's protections went far beyond those of its predecessor, the Rehabilitation Act of 1974, which only prohibited discrimination against individuals with disabilities by entities receiving federal funding. The new act was intended to prevent discrimination by private and public employers, public services, and public accommodations. In a bill signing ceremony at the White House, in front of more than two thousand advocates for the disabled, then President George Bush likened the ADA …
Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard
Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard
University of Richmond Law Review
No abstract provided.
Threats, Free Speech, And The Jurisprudence Of The Federal Criminal Law, G. Robert Blakey, Brian J. Murray
Threats, Free Speech, And The Jurisprudence Of The Federal Criminal Law, G. Robert Blakey, Brian J. Murray
BYU Law Review
No abstract provided.
Medicaid And The Unconstitutional Dimensions Of Prior Authorization, Jagan Nicholas Ranjan
Medicaid And The Unconstitutional Dimensions Of Prior Authorization, Jagan Nicholas Ranjan
Michigan Law Review
The political outcry over prescription drug costs has been one of the most vociferous in recent memory. From tales depicting renegade seniors sneaking cheap prescriptions of Vioxx out of Tijuana across the border, to the promises of reduced prices made by front-runners during the 2000 Presidential election, the calls for lower drug prices have been forceful and demanding. This war for lower-priced pharmaceuticals fought by consumers, interest groups and politicians against the pharmaceutical industry itself has recently developed yet another front. The latest battle is over Medicaid. The new victims are the poor. Presently, federal statutory provisions in the Medicaid …
Copyright And Time: A Proposal, Joseph P. Liu
Copyright And Time: A Proposal, Joseph P. Liu
Michigan Law Review
This Article makes a very specific and concrete proposal: it argues that courts should adjust the scope of copyright protection to account for the passage of time by expressly considering time as a factor in fair use analysis. More specifically, this Article argues that the older a copyrighted work is, the greater the scope of fair use should be - that is, the greater the ability of others to re-use, critique, transform, and adapt the copyrighted work without permission of the copyright owner. Conversely, the newer the work, the narrower the scope of fair use. Or, even more concretely, this …
Towards Tribal Sovereignty And Judicial Efficiency: Ordering The Defenses Of Tribal Sovereign Immunity And Exhaustion Of Tribal Remedies, Kirsten Matoy Carlson
Towards Tribal Sovereignty And Judicial Efficiency: Ordering The Defenses Of Tribal Sovereign Immunity And Exhaustion Of Tribal Remedies, Kirsten Matoy Carlson
Michigan Law Review
In 1985, the Narragansett Indian Tribe ("Tribe") created the Narragansett Indian Wetuornuck Housing Authority ("Authority"). The Authority, which acts on the Tribe's behalf in its housing development and operations, entered into a contract with the Ninigret Development Corporation for the construction of a low-income housing development. After construction began, disputes developed over how to proceed with the construction. When conciliation efforts failed, the Authority cancelled the contract. The Narragansett Tribal Council, the governing body of the Tribe, followed the forum selection clause in the contract and notified the disputants that it would hold a hearing to resolve the dispute. Ninigret …
Constitutional Issues In Information Privacy, Fred H. Cate, Robert Litan
Constitutional Issues In Information Privacy, Fred H. Cate, Robert Litan
Michigan Telecommunications & Technology Law Review
The U.S. Constitution has been largely ignored in the recent flurry of privacy laws and regulations designed to protect personal information from incursion by the private sector despite the fact that many of these enactments and efforts to enforce them significantly implicate the First Amendment. Questions about the role of the Constitution have assumed new importance in the aftermath of the September 11, 2001 terrorist attacks on the World Trade Center and the Pentagon. Recent efforts to identify and apprehend terrorists and to protect against future attacks threaten to weaken constitutional protections against government intrusions into personal privacy. However, these …
Expanded Rights Through State Law: The United States Supreme Court Shows State Courts The Way, Robert L. Brown
Expanded Rights Through State Law: The United States Supreme Court Shows State Courts The Way, Robert L. Brown
The Journal of Appellate Practice and Process
No abstract provided.
The Right Of The People To Keep And Bear Arms Shall Not Be Litigated Away: Constitutional Implications Of Municipal Lawsuits Against The Gun Industry, William L. Mccoskey
The Right Of The People To Keep And Bear Arms Shall Not Be Litigated Away: Constitutional Implications Of Municipal Lawsuits Against The Gun Industry, William L. Mccoskey
Indiana Law Journal
No abstract provided.
Making Specimen Cups As Normal As Prom Night: The Implications Of Board Of Education V. Earls On Public Schools Across The Nation, Caroline Slater Burnette
Making Specimen Cups As Normal As Prom Night: The Implications Of Board Of Education V. Earls On Public Schools Across The Nation, Caroline Slater Burnette
Campbell Law Review
No abstract provided.
Rehnquist's Vietnam: Constitutional Separatism And The Stealth Advance Of Martial Law, Diane H. Mazur
Rehnquist's Vietnam: Constitutional Separatism And The Stealth Advance Of Martial Law, Diane H. Mazur
Indiana Law Journal
No abstract provided.
Architexture, Akhil Reed Amar
Architexture, Akhil Reed Amar
Indiana Law Journal
Addison C. Harris Lecture, March 20, 2002
The Fourth Amendment In The Hallway: Do Tenants Have A Constitutionally Protected Privacy Interest In The Locked Common Areas Of Their Apartment Buildings?, Sean M. Lewis
Michigan Law Review
One afternoon, a police officer spots a man driving a Cadillac through a run·down neighborhood. His interest piqued, the officer decides to follow the vehicle. The Cadillac soon comes to rest in front of an apartment building, and the driver, Jimmy Barrios-Moriera, removes a shopping bag from the trunk and enters the building. The moment Barrios-Moriera disappears within the doorway, the officer sprints after him because he knows that the door to the apartment building will automatically lock when it closes. He manages to catch the door just in time and rushes in. Barrios-Moriera is already halfway up a flight …
Suspecting The States: Supreme Court Review Of State-Court State-Law Judgments, Laura S. Fitzgerald
Suspecting The States: Supreme Court Review Of State-Court State-Law Judgments, Laura S. Fitzgerald
Michigan Law Review
At the Supreme Court these days, it is unfashionable to second-guess states' fealty to federal law without real proof that they are ignoring it. As the Court declared in Alden v. Maine: "We are unwilling to assume the States will refuse to honor the Constitution or obey the binding laws of the United States. The good faith of the States thus provides an important assurance that 'this Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land.'" Accordingly, without proof that a state has "systematic[ally]" …
The Case Against Employment Tester Standing Under Title Vii And 42 U.S.C. § 1981, Michael Bowling
The Case Against Employment Tester Standing Under Title Vii And 42 U.S.C. § 1981, Michael Bowling
Michigan Law Review
In 1964, Congress passed comprehensive legislation aimed at eradicating discrimination in employment, public accommodations, public facilities, public schools, and federal benefit programs. Title VII of this Act directed its aim specifically at stamping out prejudice in employment. Four years later, the Supreme Court resurrected the provisions of § 1 of the Civil Rights Act of 1866, which, among other things, protects citizens, regardless of race or color, in their right to "make and enforce [employment] contracts." Together, Title VII and § 1981 serve as the primary legal bases for challenging racially discriminatory actioris by private employers. More than thirty years …
Selective Strict Scrutiny – A New Way To Use Suspect Classifications, Bruce Comly French
Selective Strict Scrutiny – A New Way To Use Suspect Classifications, Bruce Comly French
Buffalo Public Interest Law Journal
No abstract provided.
The Role And Rejection Of A Claim For Third Party Standing In The Prison System, Michael D. Bui
The Role And Rejection Of A Claim For Third Party Standing In The Prison System, Michael D. Bui
Buffalo Public Interest Law Journal
No abstract provided.
Human Cloning: Beyond The Realm Of The Constitutional Right To Procreative Liberty, Maureen Mcbrien
Human Cloning: Beyond The Realm Of The Constitutional Right To Procreative Liberty, Maureen Mcbrien
Buffalo Public Interest Law Journal
No abstract provided.
How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright
How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright
Washington and Lee Law Review
No abstract provided.
Cloning And Reproductive Liberty, Francis J. Beckwith
Cloning And Reproductive Liberty, Francis J. Beckwith
Nevada Law Journal
No abstract provided.
Insubstantial Questions And Federal Jurisdiction: A Footnote To The Term-Limits Debate, Jonathan L. Entin
Insubstantial Questions And Federal Jurisdiction: A Footnote To The Term-Limits Debate, Jonathan L. Entin
Nevada Law Journal
No abstract provided.
Of Orphans And Vouchers: Nevada's "Little Blaine Amendment" And The Future Of Religious Participation In Public Programs, Jay S. Bybee, David W. Newton
Of Orphans And Vouchers: Nevada's "Little Blaine Amendment" And The Future Of Religious Participation In Public Programs, Jay S. Bybee, David W. Newton
Nevada Law Journal
No abstract provided.
Law Of The Case In Nevada: Confusing Relatives, Scott Doney
Law Of The Case In Nevada: Confusing Relatives, Scott Doney
Nevada Law Journal
No abstract provided.
A Subversive Strand Of The Warren Court, Gary Peller
A Subversive Strand Of The Warren Court, Gary Peller
Washington and Lee Law Review
No abstract provided.
Causation, Constitutional Principles, And The Jurisprudential Legacy Of The Warren Court, Michelle Adams
Causation, Constitutional Principles, And The Jurisprudential Legacy Of The Warren Court, Michelle Adams
Washington and Lee Law Review
No abstract provided.
The Devil In Us. V. Jones: Church Burnings, Federalism, And A New Look At The Hobbs Act, Thomas Heyward Carter, Iii
The Devil In Us. V. Jones: Church Burnings, Federalism, And A New Look At The Hobbs Act, Thomas Heyward Carter, Iii
Washington and Lee Law Review
No abstract provided.
Missing Persons, Steven D. Smith