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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 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 …