Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- William & Mary Law School (37)
- University of Michigan Law School (30)
- Selected Works (29)
- American University Washington College of Law (21)
- Georgetown University Law Center (18)
-
- UC Law SF (18)
- Cornell University Law School (13)
- Maurer School of Law: Indiana University (11)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (11)
- Villanova University Charles Widger School of Law (10)
- Washington and Lee University School of Law (10)
- The Catholic University of America, Columbus School of Law (9)
- University at Buffalo School of Law (9)
- University of Kentucky (9)
- Florida International University College of Law (8)
- Osgoode Hall Law School of York University (8)
- University of Maryland Francis King Carey School of Law (8)
- Vanderbilt University Law School (8)
- University of Colorado Law School (7)
- University of Georgia School of Law (7)
- University of Pennsylvania Carey Law School (7)
- Cleveland State University (6)
- Seattle University School of Law (6)
- SelectedWorks (6)
- UIC School of Law (5)
- University of Richmond (5)
- Brooklyn Law School (4)
- Chicago-Kent College of Law (4)
- Columbia Law School (4)
- Florida State University College of Law (4)
- Keyword
-
- Constitutional law (28)
- Constitutional Law (22)
- Constitution (21)
- Supreme Court (15)
- Terrorism (14)
-
- United States Supreme Court (13)
- Federalism (12)
- First Amendment (10)
- Freedom of Speech (9)
- History (9)
- Religion (9)
- Abortion (8)
- Canada (8)
- Establishment clause (8)
- 1891-1974 (7)
- Canada. Canadian Charter of Rights and Freedoms (7)
- Due process (7)
- Jurisprudence (7)
- Sixth Amendment (7)
- Brown v. Board of Education (6)
- Civil liberties (6)
- Constitutional Interpretation (6)
- Democracy (6)
- Discrimination (6)
- Earl Warren (6)
- First amendment (6)
- International law (6)
- Judicial review (6)
- United States/Supreme Court (6)
- Affirmative action (5)
- Publication
-
- Faculty Publications (32)
- Faculty Scholarship (21)
- Michigan Law Review (21)
- UC Law Constitutional Quarterly (17)
- Georgetown Law Faculty Publications and Other Works (16)
-
- Scholarly Works (15)
- William & Mary Bill of Rights Journal (13)
- All Faculty Scholarship (12)
- American University Journal of Gender, Social Policy & the Law (12)
- Cornell Law Faculty Publications (12)
- Washington and Lee Law Review (10)
- Articles (9)
- Journal Articles (9)
- Scholarly Articles (9)
- Publications (8)
- Osgoode Hall Law Journal (7)
- American University Law Review (6)
- Indiana Law Journal (6)
- Nevada Law Journal (6)
- Seattle University Law Review (6)
- Villanova Law Review (6)
- William & Mary Law Review (6)
- Articles by Maurer Faculty (5)
- Charles H. Baron (5)
- Kentucky Law Journal (5)
- Vanderbilt Law School Faculty Publications (5)
- UIC Law Review (4)
- West Virginia Law Review (4)
- Articles in Law Reviews & Other Academic Journals (3)
- Buffalo Law Review (3)
- Publication Type
- File Type
Articles 181 - 210 of 410
Full-Text Articles in Law
Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira Robbins
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
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
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 …
The Diversity And Remedial Interests In University Admissions Programs, Kathryne Raines
The Diversity And Remedial Interests In University Admissions Programs, Kathryne Raines
Kentucky Law Journal
No abstract provided.
Civil Rights And Civil Liberties In A Crisis: A Few Pages Of History, Thomas E. Baker
Civil Rights And Civil Liberties In A Crisis: A Few Pages Of History, Thomas E. Baker
Faculty Publications
Tribute to Judge Procter Hug of the United States Court of Appeals for the 9th Circuit, based on a talk adapted from Thomas E. Baker's At War With the Constitution: A History Lesson from the Chief Justice, 14 BYU J. Pub.L. 69 (1999).
It is but a truism that the powers of the government are greatest when the Nation is at war. All of our wartime Commanders-in-Chief have conducted themselves based on this belief. For its part, the Supreme Court has acquiesced in draconian measures undertaken by the Executive that would not be permitted during peacetime. The lasting problem …
A Partial Defense Of An Anti-Discrimination Principle, Michael C. Dorf
A Partial Defense Of An Anti-Discrimination Principle, Michael C. Dorf
Cornell Law Faculty Publications
Over a quarter century ago, Professor Fiss proposed that the constitutional principle of equal protection should be interpreted to prohibit laws or official practices that aggravate or perpetuate the subordination of specially disadvantaged groups. Fiss thought that the anti-subordination principle could more readily justify results he believed normatively attractive than could the rival, anti-discrimination principle. In particular, anti-subordination would enable the courts to invalidate facially neutral laws that have the effect of disadvantaging a subordinate group and also enable them to uphold facially race-based laws aimed at ameliorating the condition of a subordinate group. Since Fiss’s landmark article appeared, Supreme …
Same-Sex Marriages And Civil Unions: On Meaning, Free Exercise, And Constitutional Guarantees, Mark Strasser
Same-Sex Marriages And Civil Unions: On Meaning, Free Exercise, And Constitutional Guarantees, Mark Strasser
Loyola University Chicago Law Journal
No abstract provided.
Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky
Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky
Akron Law Faculty Publications
The Tecumseh School District had a policy that all students who wished to participate in extracurricular activities that involved some sort of competition had to agree to drug testing before the competition and then randomly thereafter. ... Those selected for accusatory drug testing might be perceived to be wearing a "badge of shame" and be subject to the arbitrary whim of an administrator. ... Vernonia involved a rule requiring drug testing as a condition for participation in extracurricular competitive sports. ... In Earls, the Tecumseh School District adopted a "Student Activities Drug Testing Policy" that required all students who wished …
Use "The Filter You Were Born With": The Unconstitutionality Of Mandatory Internet Filtering For The Adult Patrons Of Public Libraries, Richard J. Peltz-Steele
Use "The Filter You Were Born With": The Unconstitutionality Of Mandatory Internet Filtering For The Adult Patrons Of Public Libraries, Richard J. Peltz-Steele
Faculty Publications
The only federal court (at the time of this writing) to consider the question ruled unconstitutional the mandatory filtering of Internet access for the adult patrons of public libraries. That 1998 decision helped the American Library Association and other free speech advocates fend off mandatory filtering for two years at the state and federal level, against the vigorous efforts of filtering proponents. Then, in 2000, the U.S. Congress conditioned federal funding of libraries on filter use, forcing the question into the courts as the latest colossal struggle over Internet regulation. This Article contends that the federal court in 1998 was …
Brandenburg And The United States War On Incitement Abroad: Defending A Double Standard, Lyrissa Lidsky
Brandenburg And The United States War On Incitement Abroad: Defending A Double Standard, Lyrissa Lidsky
Faculty Publications
While it is perfectly legitimate for the United States to attempt to persuade foreign citizens and media not to engage in advocacy of violent acts, the administration's rhetoric suggests that the United States expects foreign governments to take action against speech that would be protected by the First Amendment in the United States. What explains this apparent hypocrisy? Is this simply another example of the United States touting democracy at home while supporting despotism abroad? Or is the Brandenburg incitement standard so socially and culturally contingent that it is not appropriate for export, at least to the Arab Middle East? …
A Rule In Search Of A Reason: An Empirical Reexamination Of Chimel And Belton, Myron Moskovitz
A Rule In Search Of A Reason: An Empirical Reexamination Of Chimel And Belton, Myron Moskovitz
Publications
No abstract provided.
Premature Predictions Of Multiculturalism?, Kirsten Matoy Carlson
Premature Predictions Of Multiculturalism?, Kirsten Matoy Carlson
Law Faculty Research Publications
No abstract provided.
Review Of Giving Meaning To Economic, Social, And Cultural Rights, Edited By Isfahan Merali & Valerie Oosterveld, Intisar Rabb Phd
Review Of Giving Meaning To Economic, Social, And Cultural Rights, Edited By Isfahan Merali & Valerie Oosterveld, Intisar Rabb Phd
Intisar A. Rabb
No abstract provided.
Establishing Constitutional Malice For Defamation And Privacy/False Light Claims When Hidden Cameras And Deception Are Used By The Newsgatherer, David A. Elder, Neville L. Johnson, Brian A. Rishwain
Establishing Constitutional Malice For Defamation And Privacy/False Light Claims When Hidden Cameras And Deception Are Used By The Newsgatherer, David A. Elder, Neville L. Johnson, Brian A. Rishwain
David A. Elder
In the last two decades network television newsmagazines in an endless search for ratings, which translates into revenues, have declared war on the right of privacy we all enjoy as Americans. The hidden camera is “infotainment” masquerading as journalism, pandering to the most base emotions, including voyeurism, with eavesdropping used to obtain the salacious footage. A hidden camera story is essentially a “grainy little morality play,” edited to heighten the entertainment value, where journalists go undercover to mythologize their work by becoming protagonists, modern “folk heroes” who ferret out wrongdoing as the superheroes of pop culture. Undoubtedly, the most insidious …
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
The Significance Of Border Crossings: Lopez, Morrison And The Fate Of Congressional Power To Regulate Goods, And Transactions Connected With Them, Based On Prior Passage Through Interstate Commerce, Gordon G. Young
Faculty Scholarship
No abstract provided.
Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin R. Scordato, Paula A. Monopoli
Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin R. Scordato, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
Antebellum Perspectives On Free Speech, Mark A. Graber
Antebellum Perspectives On Free Speech, Mark A. Graber
Faculty Scholarship
Book review of Free Speech: "The People's Darling Privilege": Struggles for Freedom of Expression in American History by Michael Kent Curtis (Duke University Press, 2000).
Lurking In The Shadows Of Judicial Process: Special Masters In The Supreme Court's Original Jurisdiction Cases, Anne-Marie Carstens
Lurking In The Shadows Of Judicial Process: Special Masters In The Supreme Court's Original Jurisdiction Cases, Anne-Marie Carstens
Faculty Scholarship
No abstract provided.
Sprawl, Growth Boundaries And The Rehnquist Court, Michael Lewyn
Sprawl, Growth Boundaries And The Rehnquist Court, Michael Lewyn
Scholarly Works
The most stringent anti-sprawl measure adopted by any American state is Oregon's urban growth boundary (UGB) program. Urban growth boundaries are lines on maps within which high-density development is encouraged, and beyond which such development is generally forbidden. Outside the boundary, rural industries (such as logging) and open space are promoted. This Article focuses on three issues: whether UGBs are constitutional under recent Supreme Court case law, (2) whether the UGB has in fact saved Portland (Oregon's largest city) from the social problems caused by sprawl, and (3) whether the side effects of UGBs make them a cure worse than …
Charter Insights For American Equality Jurisprudence, Stephen F. Ross
Charter Insights For American Equality Jurisprudence, Stephen F. Ross
Journal Articles
Although both the Canadian Charter and the United States Constitutions protect persons from denial of equal protection of the law, the interpretation of the broad language of the two equality guarantees has been quite different. The Supreme Court of Canada has adopted an approach of substantive equality, concluding that section 15 is designed to prevent the loss of human dignity that accompanies discrimination based on disadvantage and stereotype. At least with regard to race, a majority of the justices on the United States Supreme Court adhere to a jurisprudence of formal equality, concluding that the Fifth and Fourteenth Amendments prohibit …
Historical Revisionism And Constitutional Change: Understanding The New Deal Court, 88 Va. L. Rev. 265 (2002), Samuel R. Olken
Historical Revisionism And Constitutional Change: Understanding The New Deal Court, 88 Va. L. Rev. 265 (2002), Samuel R. Olken
UIC Law Open Access Faculty Scholarship
No abstract provided.
Anastasoff, Unpublished Opinions, And Federal Appellate Justice, Carl W. Tobias
Anastasoff, Unpublished Opinions, And Federal Appellate Justice, Carl W. Tobias
Law Faculty Publications
In Anastasoff v. United States, a three-judge panel of the United States Court of Appeals for the Eighth Circuit recently invalidated the court's local rule of appellate procedure providing that "unpublished opinions are not precedent and parties generally should not cite them." Eighth Circuit Judge Richard S. Arnold authored the opinion, holding that this local requirement violates Article ill of the United States Constitution. Regardless of whether the provocative decision in Anastasoff is constitutionally sound, the opinion trenchantly emphasizes the critical significance of a public policy issue that has remained essentially untreated for too long.
The three-judge panel, thus, threw …
Youngstown Revisited, Carl W. Tobias, Christopher Bryant
Youngstown Revisited, Carl W. Tobias, Christopher Bryant
Law Faculty Publications
One half century ago, President Harry S. Truman promulgated an Executive Order that authorized federal government seizure and operation of the nation's steel mills to support United States participation in the Korean conflict.1 The president relied on his power as commander-in-chief of American armed forces, other executive authority provided by Article II in the United States Constitution, the need for sustaining the American military effort, and temporal exigencies. Eight weeks later, the United States Supreme Court held that Truman lacked any power to seize the property of American steel companies in Youngstown Sheet & Tube Co. v. Sawyer.
On November …
The Science, Law, And Politics Of Fetal Pain Legislation, Kevin C. Walsh
The Science, Law, And Politics Of Fetal Pain Legislation, Kevin C. Walsh
Scholarly Articles
Most people prefer not to inflict gratuitous pain on other sentient beings, especially other humans. What, then, should be the legal system's reaction to the mounting evidence that in late-term abortions doctors are inflicting just such pain on fetuses who have the anatomical, physiological, and neurological capacity to experience it? The pain being inflicted is gratuitous because it can be easily avoided with no significant increases in cost or health risk by the administration of tar geted fetal pain relief. If informed that an abortion is likely to cause pain to the fetus and given a choice between a procedure …
Time For A New Approach? Federalism And Foreign Affairs After "Crosby V. National Foreign Trade Council", James J. Pascoe
Time For A New Approach? Federalism And Foreign Affairs After "Crosby V. National Foreign Trade Council", James J. Pascoe
Vanderbilt Journal of Transnational Law
On June 19, 2000, in Crosby v. National Foreign Trade Council--a much-anticipated decision involving the intersection of federalism and foreign relations--the U.S. Supreme Court struck down a Massachusetts law restricting state purchases from companies doing business in Burma. Crosby represents the Court's first consideration not only of local selective purchasing laws but, more importantly, its first consideration of the sort of subnational sanctions first developed by state and local governments during the anti-apartheid campaign of the 1980's. Thus, Crosby may pose an obstacle to human rights activism by local governments using economic sanctions to punish perceived human-rights offenders.
Because the …
Unratified Treaties And Other Unperfected Acts In International Law: Constitutional Functions, W. Michael Reisman
Unratified Treaties And Other Unperfected Acts In International Law: Constitutional Functions, W. Michael Reisman
Vanderbilt Journal of Transnational Law
In international law's sociology of knowledge, unperfected legal acts are routinely examined and assigned some legal valence. Scholars quite properly use such material to assess incipient changes, and treatise and monograph writers are expected to determine whether some unperfected legal material is, or is in the process of becoming, customary international law. This is a perfectly proper use of unperfected legal material, because one of the functions of the scholar is to anticipate trends and to appraise incipient developments in terms of the impacts they may have on the most important goals of the international system. The most acute problem …
Foreign Relations And Federal Questions: Resolving The Judicial Split On Federal Court Jurisdiction, Erin E. Terrell
Foreign Relations And Federal Questions: Resolving The Judicial Split On Federal Court Jurisdiction, Erin E. Terrell
Vanderbilt Journal of Transnational Law
The federal circuit courts have disagreed concerning a fundamental issue of federal court jurisdiction: whether cases that may implicate or involve the "foreign relations" of the United States, but do not otherwise raise a more traditional "federal question" under federal law, may be removed from state courts to federal courts. This Note examines the cases that have created the split, and proposes two potential resolutions to it, one judicial and the other legislative.
Penry V. Johnson 121 S. Ct. 1910 (2001), Puja Satiani
Penry V. Johnson 121 S. Ct. 1910 (2001), Puja Satiani
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Regulatory Role Of State Constitutional Structural Constraints In Presidential Elections, James A. Gardner
The Regulatory Role Of State Constitutional Structural Constraints In Presidential Elections, James A. Gardner
Journal Articles
No abstract provided.