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Constitutional Law

2007

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Articles 1 - 30 of 857

Full-Text Articles in Law

Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom Oct 2013

Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom

Robert Bloom

No abstract provided.


Legal Methodologies For Maximizing Freedom Of Scientific Research, Charles Baron Aug 2013

Legal Methodologies For Maximizing Freedom Of Scientific Research, Charles Baron

Charles H. Baron

No abstract provided.


December 31, 2007: Curtis White In Harper's Magazine, Bruce Ledewitz Dec 2007

December 31, 2007: Curtis White In Harper's Magazine, Bruce Ledewitz

Hallowed Secularism

Curtis White in Harper's Magazine


December 29, 2007: More On Craig Unger The Neocons And Religion, Bruce Ledewitz Dec 2007

December 29, 2007: More On Craig Unger The Neocons And Religion, Bruce Ledewitz

Hallowed Secularism

More on Craig Unger the Neocons and Religion


December 28, 2007: The Neocons And Religion, Bruce Ledewitz Dec 2007

December 28, 2007: The Neocons And Religion, Bruce Ledewitz

Hallowed Secularism

The Neocons and Religion


December 23, 2007: The Evangelical Stance On Global Warming, Bruce Ledewitz Dec 2007

December 23, 2007: The Evangelical Stance On Global Warming, Bruce Ledewitz

Hallowed Secularism

The Evangelical Stance on Global Warming


December 20, 2007: Comfort At A Funeral, Bruce Ledewitz Dec 2007

December 20, 2007: Comfort At A Funeral, Bruce Ledewitz

Hallowed Secularism

Comfort at a Funeral


December 19, 2007: More On Philip Pullman, Bruce Ledewitz Dec 2007

December 19, 2007: More On Philip Pullman, Bruce Ledewitz

Hallowed Secularism

More on Philip Pullman


Constrained By The Liberal Tradition: Why The Supreme Court Has Not Found Positive Rights In The American Constitution Dec 2007

Constrained By The Liberal Tradition: Why The Supreme Court Has Not Found Positive Rights In The American Constitution

BYU Law Review

No abstract provided.


December 13, 2007: Physician Assisted Suicide, Bruce Ledewitz Dec 2007

December 13, 2007: Physician Assisted Suicide, Bruce Ledewitz

Hallowed Secularism

Physician Assisted Suicide


December 11, 2007: More On The Romney Speech: Liberal Reaction, Bruce Ledewitz Dec 2007

December 11, 2007: More On The Romney Speech: Liberal Reaction, Bruce Ledewitz

Hallowed Secularism

More on the Romney Speech: Liberal Reaction


December 7, 2007: Mitt Romney's Talk On Religion, Bruce Ledewitz Dec 2007

December 7, 2007: Mitt Romney's Talk On Religion, Bruce Ledewitz

Hallowed Secularism

Mitt Romney's Talk on Religion


The Man Behind The Torture, David Cole Dec 2007

The Man Behind The Torture, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer Dec 2007

Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer

All Faculty Scholarship

In the wake of the September 11 attacks, the “Global War on Terror” has marginalized the rule of law. From the dragnet detentions in the aftermath of the initial attacks, to novel and secretive surveillance authority under the Patriot Act, to the incarceration and torture of “enemy combatants,” the administration’s “war” has sought to establish zones of maneuver free of both legal constraint and of political oversight. In the first half decade of these efforts, the tripartite constitutional structure which is said to guard against executive usurpation remained largely quiescent. Opponents both inside and outside of the government turned instead …


December 4, 2007: Theology And Hallowed Secularism, Bruce Ledewitz Dec 2007

December 4, 2007: Theology And Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Theology and Hallowed Secularism


Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps Dec 2007

Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps

All Faculty Scholarship

A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …


The Rule Of Law, Democracy, And International Law - Learning From The Us Experience, Gianluigi Palombella Dec 2007

The Rule Of Law, Democracy, And International Law - Learning From The Us Experience, Gianluigi Palombella

Gianluigi Palombella

The general issue addressed in this paper is the relation between the rule of law as a matter of national law, and as a matter of international law. Different institutional conceptions of this relationship give rise to different attitudes towards international law. Nonetheless, questions arise that cast doubt on age-old tenets of certain Western countries concerning the radical separability between the rule of law within the domestic system and in the international realm. The article will start considering some recent developments in the United States' treatment of alien detainees. Then it shall address the relation between domestic constitutions and international …


Space, The Final Frontier-Expanding Fcc Regulation Of Indecent Content Onto Direct Broadcast Satellite, John C. Quale, Malcolm J. Tuesley Dec 2007

Space, The Final Frontier-Expanding Fcc Regulation Of Indecent Content Onto Direct Broadcast Satellite, John C. Quale, Malcolm J. Tuesley

Federal Communications Law Journal

The vast majority of viewers today receive video programming from multichannel video programming providers-mostly cable television or direct broadcast satellite ("DBS")-rather than directly over-the-air from broadcast stations. While the FCC has not hesitated to sanction broadcasters for what it deems to be indecent content, it consistently has found that it lacks the authority to regulate indecency on subscription services like cable television. Citizens groups and some in Congress now seek to extend indecency restrictions to DBS services under existing law or through the enactment of new legislation. It is true that DBS, because of its use of radio spectrum to …


In The Dark: A Consumer Perspective On Fcc Broadcast Indecency Denials, Genelle I. Belmas, Gail D. Love, Brian C. Foy Dec 2007

In The Dark: A Consumer Perspective On Fcc Broadcast Indecency Denials, Genelle I. Belmas, Gail D. Love, Brian C. Foy

Federal Communications Law Journal

Indecency regulation has been a hot political and social topic since Janet Jackson revealed her breast during the 2004 Super Bowl halftime show. The number of indecency complaints the FCC receives each year continues to rise. Moreover, to further complicate matters, in 2007 the Second Circuit overturned the FCC policy that so-called "fleeting expletives" would be considered indecent. However, there has been no systematic review of the complaints from the perspective of the complainant. How has the FCC managed its increasing indecency complaint load, and what does it tell consumers who have taken the time to write formal complaints about …


The Common Law Genius Of The Warren Court, David A. Strauss Dec 2007

The Common Law Genius Of The Warren Court, David A. Strauss

William & Mary Law Review

The Warren Court's most important decisions-on school segregation, reapportionment, free speech, and criminal procedure are firmly entrenched in the law. But the idea persists, even among those who are sympathetic to the results that the Warren Court reached, that what the Warren Court was doing was somehow not really law: that the Warren Court "made it up," and that the important Warren Court decisions cannot be justified by reference to conventional legal materials. It is true that the Warren Court's most important decisions cannot be easily justified on the basis of the text of the Constitution or the original understandings. …


Sense-Enhanced Searches And The Irrelevance Of The Fourth Amendment, David E. Steinberg Dec 2007

Sense-Enhanced Searches And The Irrelevance Of The Fourth Amendment, David E. Steinberg

William & Mary Bill of Rights Journal

No abstract provided.


Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps Dec 2007

Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps

William & Mary Bill of Rights Journal

A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …


Racial Adjudication, Andrew M. Carlon Dec 2007

Racial Adjudication, Andrew M. Carlon

BYU Law Review

No abstract provided.


Taking Text Too Seriously: Modern Textualism, Original Meaning, And The Case Of Amar's Bill Of Rights, William Michael Treanor Dec 2007

Taking Text Too Seriously: Modern Textualism, Original Meaning, And The Case Of Amar's Bill Of Rights, William Michael Treanor

Michigan Law Review

Championed on the Supreme Court by Justice Scalia and Justice Thomas and in academia most prominently by Professor Akhil Amar textualism has emerged within the past twenty years as a leading school of constitutional interpretation. Textualists argue that the Constitution should be interpreted in accordance with its original public meaning, and in seeking that meaning, they closely parse the Constitution's words and grammar and the placement of clauses in the document. They have assumed that this close parsing recaptures original meaning, but, perhaps because it seems obviously correct, that assumption has neither been defended nor challenged. This Article uses Professor …


Emergency Federalism: Calling On The States In Perilous Times, Adam M. Giuliano Dec 2007

Emergency Federalism: Calling On The States In Perilous Times, Adam M. Giuliano

University of Michigan Journal of Law Reform

The attacks of September 11 prompted a historic debate concerning terrorism and domestic emergency response. This ongoing dialogue has driven policy decisions touching upon both liberty and security concerns. Yet despite the enormous effort that has gone into the national response, the role of the sovereign states, and with it federalism, has received comparatively little attention. This Article explores the relevance of federalism within the context of the "War on Terror" and in the aftermath of Hurricane Katrina. Acknowledging that theories of federalism developed elsewhere are insufficient, he outlines a doctrine of 'emergency federalism.' The author argues that the Framers …


Terrorism As An Intellectual Problem, Charles W. Collier Dec 2007

Terrorism As An Intellectual Problem, Charles W. Collier

UF Law Faculty Publications

The past few years have been instructive for observers of religious terrorism. Events have conspired to reveal ever more of its grim visage, inner logic, and awful potential. Religious terrorism has been exhaustively analyzed as a security problem, a military problem, an economic problem, a political problem, and more. But it is also an intellectual problem, one with particular implications for the study of law, culture, and history. This Essay examines the intellectual assumptions of religious terrorism, and it does so from three distinct perspectives: the theory of religion and American constitutional law (Part I); the common law (Part II); …


A Wolf In Sheep’S Clothing: The Unilateral Executive And The Separation Of Powers, Thomas J. Cleary Dec 2007

A Wolf In Sheep’S Clothing: The Unilateral Executive And The Separation Of Powers, Thomas J. Cleary

The University of New Hampshire Law Review

[Excerpt] “The United States Constitution vests all executive powers in a president. This is the unitary executive theory. By virtue of this, many believe the president is vested with the power to act unilaterally. This is the unilateral executive theory. However, the unilateral executive portends more than action. In reality, the unilateral executive theory provides an opportunity to implement a unilateral agenda. Thus, the aim of this paper is to consider executive power, the separation of powers, and the unilateral executive theory to determine if presidential power under the separation of powers doctrine is actually “a wolf in sheep’s clothing.” …


The Brand X Constitution, Richard Murphy Dec 2007

The Brand X Constitution, Richard Murphy

BYU Law Review

No abstract provided.


Congressional Criminality And Balance Of Powers: Are Internal Filter Teams Really What Our Forefathers Envisioned?, Emily E. Eineman Dec 2007

Congressional Criminality And Balance Of Powers: Are Internal Filter Teams Really What Our Forefathers Envisioned?, Emily E. Eineman

William & Mary Bill of Rights Journal

No abstract provided.


Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell Dec 2007

Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell

William & Mary Bill of Rights Journal

No abstract provided.