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Articles 1 - 21 of 21

Full-Text Articles in Law

Forfeiting "Enduring Freedom" For "Homeland Security": A Constitutional Analysis Of The Usa Patriot Act And The Justice Department's Anti-Terrorism Initiatives , John W. Whitehead, Steven H. Aden Aug 2002

Forfeiting "Enduring Freedom" For "Homeland Security": A Constitutional Analysis Of The Usa Patriot Act And The Justice Department's Anti-Terrorism Initiatives , John W. Whitehead, Steven H. Aden

American University Law Review

No abstract provided.


Mandatory Motherhood And Frustrated Fatherhood: The Supreme Court's Preservation Of Gender Discrimination In American Citizenship Law, Erin Chlopak Jun 2002

Mandatory Motherhood And Frustrated Fatherhood: The Supreme Court's Preservation Of Gender Discrimination In American Citizenship Law, Erin Chlopak

American University Law Review

No abstract provided.


Unsheathing Alexander's Sword: Lapides V. Board Of Regents Of The University System Of Georgia, Eric S. Johnson Jun 2002

Unsheathing Alexander's Sword: Lapides V. Board Of Regents Of The University System Of Georgia, Eric S. Johnson

American University Law Review

No abstract provided.


United States V. Drayton: Supreme Court Upholds Standards For Police Conduct During Bus Searches, Andera K. Mitchell Jun 2002

United States V. Drayton: Supreme Court Upholds Standards For Police Conduct During Bus Searches, Andera K. Mitchell

American University Law Review

No abstract provided.


Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai Jun 2002

Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai

American University Law Review

This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …


Transcript For Panel Three: Privacy: Genetic Profiling And Discrimination , Christopher H. Asplen, F.Samuel Baechtel, Lon A. Berk, Susan D. Carle, Q.Todd Dickinson Feb 2002

Transcript For Panel Three: Privacy: Genetic Profiling And Discrimination , Christopher H. Asplen, F.Samuel Baechtel, Lon A. Berk, Susan D. Carle, Q.Todd Dickinson

American University Law Review

No abstract provided.


Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira Robbins Jan 2002

Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira Robbins

Articles in Law Reviews & Other Academic Journals

INTRODUCTION:In the early hours of April 14, 2000, Robert Lee Tarver died in Alabama's electric chair, even though four Justices of the United States Supreme Court had voted to review the merits of his case. This situation is not unique. Each year, practitioners and pro se litigants alike petition the Supreme Court without fully knowing the rules pursuant to which the Court will decide their client's, or their own, fate. The reason is that the Supreme Court operates under two sets of rules-those that are published and those that are not. The former specify This Article is based on a …


A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson Jan 2002

A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission. The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …


What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson Jan 2002

What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission.

The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …


Penry V. Johnson 121 S. Ct. 1910 (2001), Puja Satiani Jan 2002

Penry V. Johnson 121 S. Ct. 1910 (2001), Puja Satiani

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Affirmative Action For The Female Entrepreneur: Gender As A Presumed Socially Disadvantaged Group For 8(A) Program Purposes, Athena S. Cheng Jan 2002

Affirmative Action For The Female Entrepreneur: Gender As A Presumed Socially Disadvantaged Group For 8(A) Program Purposes, Athena S. Cheng

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Casey Skit: A Pedagogical Tool For Interviewing Young Women And Proceeding Through A Judicial Bypass Hearing , Jamin B. Raskin, Ann Shalleck Jan 2002

Casey Skit: A Pedagogical Tool For Interviewing Young Women And Proceeding Through A Judicial Bypass Hearing , Jamin B. Raskin, Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Casey Reflections, Elizabeth A. Cavendish Jan 2002

Casey Reflections, Elizabeth A. Cavendish

American University Journal of Gender, Social Policy & the Law

No abstract provided.


From Seat Belts To Handcuffs: May Police Arrest For Minor Traffic Violations? , Lisa Ruddy Jan 2002

From Seat Belts To Handcuffs: May Police Arrest For Minor Traffic Violations? , Lisa Ruddy

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Inapplicability Of Parental Involvement Laws To The Distribution Of Mifepristone (Ru-486) To Minors , Amanda C. Scuder Jan 2002

Inapplicability Of Parental Involvement Laws To The Distribution Of Mifepristone (Ru-486) To Minors , Amanda C. Scuder

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Nguyen V. Ins 533 U.S. 53 (2001), Brooke B. Grandle Jan 2002

Nguyen V. Ins 533 U.S. 53 (2001), Brooke B. Grandle

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Erickson V. Bartell Drug Co. 141 F. Supp. 2d 1266 (W.D. Wash 2001), Jennifer M. Saubermann Jan 2002

Erickson V. Bartell Drug Co. 141 F. Supp. 2d 1266 (W.D. Wash 2001), Jennifer M. Saubermann

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Introductory Remarks: The Burden Of Judicial Bypass Proceedings , Ann Shalleck Jan 2002

Introductory Remarks: The Burden Of Judicial Bypass Proceedings , Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Mother, May I?: Ramifications For Parental Involvement Laws For Minors Seeking Abortion Services , Jennifer Blasdell Jan 2002

Mother, May I?: Ramifications For Parental Involvement Laws For Minors Seeking Abortion Services , Jennifer Blasdell

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Simmons-Harris V. Zelman 234 F.3d 945 (6th Cir. 2000), Elisha Winkler Jan 2002

Simmons-Harris V. Zelman 234 F.3d 945 (6th Cir. 2000), Elisha Winkler

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Paradox Of Judicial Bypass Proceedings , Jamin B. Raskin Jan 2002

The Paradox Of Judicial Bypass Proceedings , Jamin B. Raskin

American University Journal of Gender, Social Policy & the Law

No abstract provided.