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Full-Text Articles in Law
The Brady Bill: Surviving The Tenth Amendment, Amy M. Pepke
The Brady Bill: Surviving The Tenth Amendment, Amy M. Pepke
Vanderbilt Law Review
In late 1993, Congress passed the Brady Handgun Violence Prevention Act ("Brady Bill")' as an amendment to the Gun Control Act of 1968. By mid-1994, several suits had been initiated challenging the constitutionality of the Bill. Although the plaintiffs in each case brought several claims, the most viable and controversial challenge centers on the Tenth Amendment. Plaintiffs have argued that certain provisions of the Bill unconstitutionally commandeer state resources by imposing mandatory duties on the chief law enforcement officer ("CLEO") of the place of residence of the prospective gun purchaser. Supreme Court decisions on tenth amendment questions have been ambiguous …
Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber
Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber
Vanderbilt Law Review
This Article explores whether contemporary advocates of restrictions on bigoted expression have more in common with contemporary advocates of broad First Amendment rights or with past censors. The critical theorists who would ban some hate speech rely heavily on the equal citizenship principles that radical civil libertarians believe justify almost absolute speech rights. Past censors, however, also relied heavily on principles that libertarians in their generation thought justified almost absolute speech rights. The First Amendment, past and present censors argue, does not fully protect speech in- consistent with what they believe are basic constitutional values. This claim repudiates a basic …
The Incorporation Of International Law And The Impact On Constitutional Structures And Rights In Hungary, Duc V. Trang
The Incorporation Of International Law And The Impact On Constitutional Structures And Rights In Hungary, Duc V. Trang
Vanderbilt Journal of Transnational Law
In 1993, the Hungarian Constitutional Court upheld a draft law that would allow the prosecution of crimes committed during the 1956 uprising, despite the expiration of statutes of limitations. In reaching this result, the Court raised international law to the level of a constitutional standard by which Hungary's domestic laws would be judged. In this Article, the author examines the impact of the Court's decision to transform international law into domestic law. The author explores the implications of adopting international law on the relationship between the Court and other branches of the government, the development of domestic law, the growth …
Judicial Jurisdiction In The Conflict Of Laws Course: Adding A Comparative Dimension, Linda J. Silberman
Judicial Jurisdiction In The Conflict Of Laws Course: Adding A Comparative Dimension, Linda J. Silberman
Vanderbilt Journal of Transnational Law
In this Article, Professor Silberman suggests that comparative law materials can usefully be introduced in the conflict of laws course. She proposes the subject of adjudicatory jurisdiction as a good place to start. She argues that a comparison of the U.S. approach with the English and European approaches (particularly under the Brussels Convention) is evidence of the desirability of a jurisdictional system grounded more on rules and/or discretion rather than on a constitutional standard of reasonableness. She takes issue with the contention of her colleague Professor Andreas Lowenfeld that "reasonableness" has been accepted as an international standard for the assertion …
The Constitutionality Of Student-Led Prayer At Public School Graduation Ceremonies, Johanna J. Raimond
The Constitutionality Of Student-Led Prayer At Public School Graduation Ceremonies, Johanna J. Raimond
Vanderbilt Law Review
The Supreme Court consistently has held that it is unconstitutional to pray in public school classrooms.' Until 1992, however, the Court had never addressed the issue of prayer at a public school graduation ceremony. Prior to the Court's ruling, public school districts across the country regularly included a prayer of some variety in their graduation programs. In June 1992, the Supreme Court finally addressed this longstanding practice. In Lee v. Weisman, the Court held that the Providence, Rhode Island school district violated the Establishment Clause of the First Amendment by permitting a rabbi to offer an invocation and benediction at …