Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- BLR (198)
- Selected Works (70)
- William & Mary Law School (46)
- Georgetown University Law Center (40)
- University of Michigan Law School (33)
-
- Maurer School of Law: Indiana University (32)
- American University Washington College of Law (27)
- University of Maryland Francis King Carey School of Law (27)
- SelectedWorks (25)
- Duke Law (23)
- Case Western Reserve University School of Law (21)
- University of Pennsylvania Carey Law School (17)
- Cornell University Law School (15)
- New York Law School (15)
- UIC School of Law (15)
- UC Law SF (13)
- University of Arkansas at Little Rock William H. Bowen School of Law (13)
- University of Georgia School of Law (11)
- University of Richmond (11)
- Villanova University Charles Widger School of Law (11)
- Touro University Jacob D. Fuchsberg Law Center (10)
- Washington and Lee University School of Law (10)
- Boston University School of Law (9)
- Vanderbilt University Law School (9)
- Notre Dame Law School (8)
- Seattle University School of Law (8)
- University of Oklahoma College of Law (8)
- Brigham Young University Law School (7)
- Brooklyn Law School (7)
- Columbia Law School (7)
- Keyword
-
- Constitutional Law (249)
- Law and Society (52)
- Constitutional law (51)
- Civil Rights and Discrimination (50)
- Constitution (45)
-
- Judicial review (40)
- Criminal Law and Procedure (39)
- Religion (36)
- Jurisprudence (33)
- First Amendment (32)
- Legal History (30)
- Politics (30)
- Courts (28)
- Public Law and Legal Theory (28)
- Supreme Court (25)
- International Law (24)
- Administrative Law (23)
- Federalism (23)
- Comparative and Foreign Law (20)
- Human Rights Law (20)
- Law and Economics (20)
- Legislation (19)
- Environmental Law (18)
- Judges (18)
- Property-Personal and Real (18)
- Separation of powers (18)
- General Law (17)
- Economics (16)
- United States Supreme Court (16)
- Constitutional interpretation (15)
- Publication
-
- ExpressO (196)
- Faculty Scholarship (53)
- Faculty Publications (39)
- Georgetown Law Faculty Publications and Other Works (36)
- William & Mary Bill of Rights Journal (23)
-
- All Faculty Scholarship (21)
- Scholarly Works (18)
- Cornell Law Faculty Publications (15)
- Maryland Law Review (15)
- UIC Law Review (15)
- Articles (13)
- Indiana Law Journal (13)
- UC Law Constitutional Quarterly (13)
- University of Arkansas at Little Rock Law Review (13)
- Journal Articles (12)
- Michigan Law Review First Impressions (11)
- NYLS Law Review (11)
- William & Mary Law Review (10)
- American University Journal of Gender, Social Policy & the Law (8)
- Indiana Journal of Global Legal Studies (8)
- Michigan Law Review (8)
- Federal Communications Law Journal (7)
- McGeorge Law Review (7)
- Oklahoma Law Review (7)
- Seattle University Law Review (7)
- The Modern American (7)
- University of Richmond Law Review (7)
- Charles H. Baron (6)
- Elisabeth Haub School of Law Faculty Publications (6)
- American University Law Review (5)
- Publication Type
- File Type
Articles 61 - 90 of 883
Full-Text Articles in Law
Uncivil Religion: "Judeo-Christianity" And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
Uncivil Religion: "Judeo-Christianity" And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
ExpressO
In the recent Decalogue Cases, Justice Scalia argued that when it comes to “public acknowledgment of religious belief, it is entirely clear from our Nation's historical practices that the Establishment Clause permits th[e] disregard of polytheists and believers in unconcerned deities, just as it permits the disregard of devout atheists.” Justice Scalia's argument represents the latest attempt to insulate American civil religion from Establishment Clause attack. A “civil religion” is a set of nondenominational values, symbols, rituals, and assumptions which create both reverence of national history and formation of a communal national bond. The most recent incarnation of American civil …
Federalism, Positive Law, And The Emergence Of The American Administrative State: Prohibition In The Taft Court Era, Robert Post
Federalism, Positive Law, And The Emergence Of The American Administrative State: Prohibition In The Taft Court Era, Robert Post
William & Mary Law Review
This Article offers a detailed analysis of major Taft Court decisions involving prohibition, including Olmstead v. United States, Carroll v. United States, United States v. Lanza, Lambert v. Yellowley, and Tumey v. Ohio. Prohibition, and the Eighteenth Amendment by which it was constitutionally entrenched, was the result of a social movement that fused progressive beliefs in efficiency with conservative beliefs in individual responsibility and self-control.
During the 1920s the Supreme Court was a strictly "bone-dry"institution that regularly sustained the administrative and law enforcement techniques deployed by the federal government in its losing effort to prevent the manufacture and sale of …
The Nsa Domestic Surveillance Program: An Analysis Of Congressional Oversight During An Era Of One-Party Rule, Tara M. Sugiyama, Marisa Perry
The Nsa Domestic Surveillance Program: An Analysis Of Congressional Oversight During An Era Of One-Party Rule, Tara M. Sugiyama, Marisa Perry
University of Michigan Journal of Law Reform
On December 16, 2005, the New York Times sounded a fire alarm when it revealed that, in response to the September 11, 2001 attacks, President George W Bush had issued a secret executive order permitting the National Security Agency (NSA) to conduct warrantless surveillance on individuals to unearth nascent terrorist activity. Congress responded to the disclosure of the NSA domestic surveillance program largely by shirking its oversight duties. This Note argues that when a single party controls both the executive and the legislative branches, the fire-alarm model fails to provide sufficient congressional oversight. Short of future elections altering the balance …
Democracy Means That The People Make The Law, Gerald Torres
Democracy Means That The People Make The Law, Gerald Torres
New England Journal of Public Policy
Gerald Torres delivered the Robert C. Wood lecture at the McCormack Graduate School of Policy Studies at University of Massachusetts Boston in 2006. This is his talk.
Civil Due Process, Criminal Due Process, Niki Kuckes
Civil Due Process, Criminal Due Process, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Verifiable Electronic Voting System: An Open Source Solution, Halina Kaminski, Mark Perry
Verifiable Electronic Voting System: An Open Source Solution, Halina Kaminski, Mark Perry
Computer Science Publications
Elections, referenda and polls are vital processes for the operation of a modern democracy. They form the mechanism for transferring power from citizens to their representatives. Although some commentators claim that the pencil-and-paper systems used in countries such as Canada and UK are still the best method of avoiding voterigging, recent election problems, and the need for faster, better, cheaper vote counting, have stimulated great interest in managing the election process through the use of electronic voting systems. While computer scientists, for the most part, have been warning of the possible perils of such action, vendors have forged ahead with …
The Reporter's Privilege In Arkansas: An Overview With Commentary, Philip S. Anderson
The Reporter's Privilege In Arkansas: An Overview With Commentary, Philip S. Anderson
University of Arkansas at Little Rock Law Review
No abstract provided.
Do Not Pass Go, Do Not Collect $200: The Reporter's Privilege Today, Douglas E. Lee
Do Not Pass Go, Do Not Collect $200: The Reporter's Privilege Today, Douglas E. Lee
University of Arkansas at Little Rock Law Review
No abstract provided.
Déjà Vu All Over Again: How A Generation Of Gains In The Federal Reporter's Privilege Law Is Being Reversed, Lucy A. Dalglish, Casey Murray
Déjà Vu All Over Again: How A Generation Of Gains In The Federal Reporter's Privilege Law Is Being Reversed, Lucy A. Dalglish, Casey Murray
University of Arkansas at Little Rock Law Review
No abstract provided.
A Trial Judge's Rumination On The Reporter's Privilege, Susan Webber Wright
A Trial Judge's Rumination On The Reporter's Privilege, Susan Webber Wright
University of Arkansas at Little Rock Law Review
No abstract provided.
Through A Glass Darkly: Van Orden, Mccreary, And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Through A Glass Darkly: Van Orden, Mccreary, And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Constitutional Referendum In The United States Of America, William B. Fisch
Constitutional Referendum In The United States Of America, William B. Fisch
Faculty Publications
The United States of America, as a federation of now 50 states each with its own constitution and legal system still enjoying a large degree of governmental autonomy within the national legal framework, presents a strikingly mixed picture regarding the use of direct democracy--the submission of proposed governmental action to a popular vote--in law- and constitution-making processes. At the national level, direct democracy has never been used for either type of enactment. At the state and local level, however, its use dates back to colonial times and has been increasing gradually (though still not universal) ever since. Since the mid-19th …
Commandeering And Its Alternatives: A Federalism Perspective, Neil S. Siegel
Commandeering And Its Alternatives: A Federalism Perspective, Neil S. Siegel
Vanderbilt Law Review
This inquiry argues that current Tenth Amendment jurisprudence causes net harm to federalism values under certain circumstances. Specifically, New York v. United States and Printz v. United States protect state autonomy to some extent by requiring the federal government to internalize more of the costs of federal regulation before engaging in regulation. But anticommandeering doctrine harms state autonomy in situations where the presence of the rule triggers more preemption going forward. Preemption generally causes a greater compromise of federalism values than does commandeering by eroding state regulatory control.
While it is a context-sensitive empirical question whether specific applications of the …
Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard
Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Constitutional Avoidance In The Executive Branch, Trevor W. Morrison
Constitutional Avoidance In The Executive Branch, Trevor W. Morrison
Cornell Law Faculty Publications
When executive actors interpret statutes, the prevailing assumption is that they can and should use the tools that courts use. Is that assumption sound? This Article takes up the question by considering a rule frequently invoked by the courts - the canon of constitutional avoidance.
Executive branch actors regularly use the avoidance canon. Indeed, some of the most hotly debated episodes of executive branch statutory interpretation in recent years - including the initial torture memorandum issued by the Justice Department's Office of Legal Counsel, the President's signing statement regarding the McCain Amendment's ban on the mistreatment of detainees, and the …
Function Over Form: Reviving The Criminal Jury's Historical Role As A Sentencing Body, Chris Kemmitt
Function Over Form: Reviving The Criminal Jury's Historical Role As A Sentencing Body, Chris Kemmitt
University of Michigan Journal of Law Reform
This Article argues that the Supreme Court, as evinced by its recent spate of criminal jury decisions, has abandoned the criminal jury known to the Founders and, in so doing, has severely eroded the protections intended to inhere in the Sixth Amendment jury trial right. It then proposes one potential solution to this problem.
According to the Supreme Court, this recent line of cases has been motivated by the need to preserve the "ancient guarantee" articulated in the Sixth Amendment under a new set of legal circumstances. Unfortunately, the Court misinterprets the ancient guarantee that it is ostensibly attempting to …
Lost Constitutional Moorings: Recovering The War Power, Louis Fisher
Lost Constitutional Moorings: Recovering The War Power, Louis Fisher
Indiana Law Journal
For the past half century, Presidents have claimed constitutional authority to take the country from a state of peace to a state of war against another nation. That was precisely the power that the Framers denied to the President and vested exclusively in Congress. That allocation of power was understood by all three branches until President Harry Truman went to war against North Korea in 1950. He never came to Congress for authority before he acted or at any time thereafter. Similar false claims of authority have been made by Presidents since that time. These constitutional violations have been assisted …
The Executive And The Avoidance Canon, H. Jefferson Powell
The Executive And The Avoidance Canon, H. Jefferson Powell
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Can The President Be Torturer In Chief?., Harold Hongju Koh
Can The President Be Torturer In Chief?., Harold Hongju Koh
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Finding Effective Constraints On Executive Power: Interrogation, Detention, And Torture, Deborah N. Pearlstein
Finding Effective Constraints On Executive Power: Interrogation, Detention, And Torture, Deborah N. Pearlstein
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz
Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz
William & Mary Bill of Rights Journal
No abstract provided.
Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz
Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz
William & Mary Bill of Rights Journal
No abstract provided.
Pluralism And Public Legal Reason, Lawrence B. Solum
Pluralism And Public Legal Reason, Lawrence B. Solum
William & Mary Bill of Rights Journal
No abstract provided.
Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks
Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks
William & Mary Bill of Rights Journal
No abstract provided.
Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman
Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman
William & Mary Bill of Rights Journal
No abstract provided.
A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell
A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell
William & Mary Bill of Rights Journal
No abstract provided.
Regulating The Commander In Chief: Some Theories, Saikrishna Prakash
Regulating The Commander In Chief: Some Theories, Saikrishna Prakash
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
The War Powers Outside The Courts, William Michael Treanor
The War Powers Outside The Courts, William Michael Treanor
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo
The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law & Criminal Law - The Eighth Amendment - The Juvenile Death Penalty: A Premature Decision Over Teenage Immaturity? Roper V. Simmons, 543 U.S. 551 (2005)., J. Blake Byrd
University of Arkansas at Little Rock Law Review
The final clause of the Eighth Amendment is the source of this nation's prohibition on unconstitutional punishment. Today, the Supreme Court's evolving-standard on the prohibition on unconstitutional punishment has two steps: The Court (1) looks at objective indicia of societal consensus against a particular practice and (2) ultimately uses its independent judgment to analyze whether the punishment is proportional to the offender's mental state and category of crime. There is tension within the Court, however, because some members believe that the evolving-standards jurisprudence is mistaken, and they fervently reject a proportionality analysis.
The United States has a long history of …