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Articles 31 - 60 of 1105
Full-Text Articles in Law
Religion: How To Stay Out Of Court, Kenneth Akers, Sara Rotramel, Jorge Wellmann
Religion: How To Stay Out Of Court, Kenneth Akers, Sara Rotramel, Jorge Wellmann
Parameters of Law in Student Affairs and Higher Education (CNS 670)
In the First Amendment to the Constitution of the United States of America, it reads that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This single sentence, the Establishment Clause, is the backbone of religious freedom in the United States, and with its several annotations it has given shape and breadth to the concept of religion in America, more specifically our topic, i.e. …
December 8, 2010: Uphold Proposition 8, Bruce Ledewitz
December 8, 2010: Uphold Proposition 8, Bruce Ledewitz
Hallowed Secularism
Blog post, “Uphold Proposition 8“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
In Efforts To Regulate Immigration, States Test Limits Of Their Authority, Alan E. Garfield
In Efforts To Regulate Immigration, States Test Limits Of Their Authority, Alan E. Garfield
Alan E Garfield
No abstract provided.
December 5, 2010: Seeking Common Ground: A Secular Statement, Bruce Ledewitz
December 5, 2010: Seeking Common Ground: A Secular Statement, Bruce Ledewitz
Hallowed Secularism
Blog post, “Seeking Common Ground: A Secular Statement“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Banks
Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Banks
Taunya Lovell Banks
Renowned civil rights advocate and race man Thurgood Marshall came of age as a lawyer during the black protest movement in the 1930s. He represented civil rights protesters, albeit reluctantly, but was ambivalent about post-Brown mass protests. Although Marshall recognized law's limitations, he felt more comfortable using litigation as a tool for social change. His experiences as a legal advocate for racial equality influenced his thinking as a judge. Marshall joined the United States Supreme Court in 1967, as dramatic advancement of black civil rights through litigation waned. Other social movements, notably the women's rights movement, took its place. The …
Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progessive Originalism, Dale E. Ho
Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progessive Originalism, Dale E. Ho
William & Mary Bill of Rights Journal
The Supreme Court’s decision in last term’s gun rights case, McDonald v. City of Chicago, punctured the conventional wisdom after District of Columbia v. Heller that “we are all originalists now.” Surprisingly, many progressive academics were disappointed. For “progressive originalists,” McDonald was a missed opportunity to overrule the Slaughter-House Cases and to revitalize the Privileges or Immunities Clause of the Fourteenth Amendment. In their view, such a ruling could have realigned progressive constitutional achievements with originalism and relieved progressives of the albatross of substantive due process, while also unlocking long-dormant constitutional text to serve as the source of new unenumerated …
Impeachment And Assassination, Josh Chafetz
Impeachment And Assassination, Josh Chafetz
Cornell Law Faculty Publications
In 1998, the conservative provocateur Ann Coulter made waves when she wrote that President Clinton should be either impeached or assassinated. Coulter was roundly - and rightly - condemned for suggesting that the murder of the President might be justified, but her conceptual linking of presidential impeachment and assassination was not entirely unfounded. Indeed, Benjamin Franklin had made the same linkage over two hundred years earlier, when he noted at the Constitutional Convention that, historically, the removal of “obnoxious” chief executives had been accomplished by assassination. Franklin suggested that a proceduralized mechanism for removal - impeachment - would be preferable. …
Majoritarian Difficulty And Theories Of Constitutional Decision Making, Michael C. Dorf
Majoritarian Difficulty And Theories Of Constitutional Decision Making, Michael C. Dorf
Cornell Law Faculty Publications
Recent scholarship in political science and law challenges the view that judicial review in the United States poses what Alexander Bickel famously called the "counter-majoritarian difficulty." Although courts do regularly invalidate state and federal action on constitutional grounds, they rarely depart substantially from the median of public opinion. When they do so depart, if public opinion does not eventually come in line with the judicial view, constitutional amendment, changes in judicial personnel, and/or changes in judicial doctrine typically bring judicial understandings closer to public opinion. But if the modesty of courts dissolves Bickel's worry, it raises a distinct one: Are …
Judges Playing Jury: Constitutional Conflicts In Deciding Fair Use On Summary Judgment, Ned Snow
Judges Playing Jury: Constitutional Conflicts In Deciding Fair Use On Summary Judgment, Ned Snow
Faculty Publications
Issues of fair use in copyright cases are usually decided at summary judgment. But it was not always so. For well over a century, juries routinely decided these issues. The law recognized that fair use issues were highly subjective and thereby inherently factual — unfit for summary disposition by a judge. Today, however, all this has been forgotten. Judges are characterizing factual issues as purely legal so that fair use may be decided at summary judgment. Even while judges acknowledge that reasonable minds may disagree on these issues, they characterize the issues as legal, preventing them from ever reaching a …
Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progressive Originalism, Dale E. Ho
Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progressive Originalism, Dale E. Ho
Dale E Ho
The Supreme Court’s decision in last term’s gun rights case, McDonald v. City of Chicago, punctured the conventional wisdom after District of Columbia v. Heller that “we are all originalists now.” Surprisingly, many progressive academics were disappointed. For “progressive originalists,” McDonald was a missed opportunity to overrule the Slaughter-House Cases and to revitalize the Privileges or Immunities Clause of the Fourteenth Amendment. In their view, such a ruling could have realigned progressive constitutional achievements with originalism and relieved progressives of the albatross of substantive due process, while also unlocking long-dormant constitutional text to serve as the source of new unenumerated …
From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas
From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas
Federal Communications Law Journal
After the broadcast of the 2003 Golden Globe Awards, during which the lead singer from U2 uttered an expletive on national television, the FCC revisited its prior policy on the use of expletives on the airwaves and declared, for the first time, that "fleeting expletives" are offensive according to community standards and are therefore finable. In a lawsuit filed in the Second Circuit Court of Appeals, Fox Television Stations, Inc. along with a number of other broadcasters argued that the FCC's new policy was arbitrary and capricious under the Administrative Procedure Act and unconstitutional under the First Amendment. The Second …
Examining The Fcc's Indecency Regulations In Light Of Today's Technology, Elizabeth H. Steele
Examining The Fcc's Indecency Regulations In Light Of Today's Technology, Elizabeth H. Steele
Federal Communications Law Journal
Indecency regulations promulgated by the FCC used to be effective, but today's technological advances call those regulations into question. With the prevalence of digital video recorders and the availability of television shows on the Internet, children have unprecedented access to material broadcast at all times of day. As a result, the "safe harbor" rationale restricting the broadcast of indecent material no longer makes sense. A move toward deregulation is the most logical step to take, as it would prevent any First Amendment violations and would allow the networks freedom to broadcast material that the public may be interested in without …
Breaking The Dress Code: Protecting Transgender Students, Their Identities, And Their Rights., Zenobia V. Harris
Breaking The Dress Code: Protecting Transgender Students, Their Identities, And Their Rights., Zenobia V. Harris
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Presidential Succession: The Art Of The Possible, James E. Fleming
Presidential Succession: The Art Of The Possible, James E. Fleming
Faculty Scholarship
I am deeply honored that John D. Feerick invited me to come back to Fordham University School of Law and appear in this splendid conference. Yet I hasten to say that, when it comes to presidential succession, John Feerick and Joel K. Goldstein are tough acts to follow. Indeed, in an otherwise wonderfully organized conference, the line of succession here is flawed. I suppose I should declare myself unqualified to follow these experts on presidential succession! I shall bring the perspective of the constitutional theory generalist to bear on the questions framed for our panel.
Constantly Approximating Popular Sovereignty: Seven Fundamental Principles Of Constitutional Law, Wilson R. Huhn
Constantly Approximating Popular Sovereignty: Seven Fundamental Principles Of Constitutional Law, Wilson R. Huhn
William & Mary Bill of Rights Journal
No abstract provided.
The Melendez-Diaz Dilemma: Virginia's Response, A Model To Follow, Anne Hampton Andrews
The Melendez-Diaz Dilemma: Virginia's Response, A Model To Follow, Anne Hampton Andrews
William & Mary Bill of Rights Journal
No abstract provided.
Huppert, Reilly, And The Increasing Futility Of Relying On The First Amendment To Protect Employee Speech, John Q. Mulligan
Huppert, Reilly, And The Increasing Futility Of Relying On The First Amendment To Protect Employee Speech, John Q. Mulligan
William & Mary Bill of Rights Journal
No abstract provided.
Faulty Foundations: How The False Analogy To Routine Fingerprinting Undermines The Argument For Arrestee Dna Sampling, Corey Preston
Faulty Foundations: How The False Analogy To Routine Fingerprinting Undermines The Argument For Arrestee Dna Sampling, Corey Preston
William & Mary Bill of Rights Journal
No abstract provided.
A Comment On Costs In Constitutional Cases, Iain Field
A Comment On Costs In Constitutional Cases, Iain Field
Iain Field
Professor Patrick Keyzer and Stephen Lloyd SC are both well qualified to speak to the legal principles that govern the determination of costs in constitutional cases, and I am, with respect, happy to accept their combined review of these principles. I do not think that there are any significant disagreements between them in this regard. They have, nevertheless, provided us with two usefully distinct perspectives on the topic, and offered two contrasting views as to the need for special costs rules in constitutional cases. I have only a small number of observations (perhaps it is better to say questions), which …
Lawmakers As Lawbreakers, Ittai Bar-Siman-Tov
Lawmakers As Lawbreakers, Ittai Bar-Siman-Tov
Dr. Ittai Bar-Siman-Tov
How would Congress act in a world without judicial review? Canlawmakers be trusted to police themselves? This Article examinesCongress’s capacity and incentives to enforce upon itself “the law ofcongressional lawmaking”—a largely overlooked body of law that iscompletely insulated from judicial enforcement. The Article exploresthe political safeguards that may motivate lawmakers to engage inself-policing and rule-following behavior. It identifies the majorpolitical safeguards that can be garnered from the relevant legal,political science, political economy, and social psychology scholarship,and evaluates each safeguard by drawing on a combination oftheoretical, empirical, and descriptive studies about Congress. TheArticle’s main argument is that the political safeguards that …
Constitutional Democracy And Women Structures Of Opportunity, Carlos Luiz Strapazzon
Constitutional Democracy And Women Structures Of Opportunity, Carlos Luiz Strapazzon
Carlos Luiz Strapazzon
This article is concerned to the concept of political inclusion. The first part investigates the relations between democracy and inclusion from a contemporary theoretical framework. The second part presents an unprecedented organization of electoral data from around the world, as well as results of local, state and federal elections in Brazil during the 90's in order to discuss its impacts on female political empowerment. The last part discusses the shortage of women inclusion. It aims to provide clarification to some challenges to brazilian democracy political system and the right of equal consideration of interests.
Revisões Constitucionais Inconstitucionais?, Paulo Ferreira Da Cunha
Revisões Constitucionais Inconstitucionais?, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Algumas propostas de revisão constitucional parecem ignorar que tal procedimento está constitucionalizado, e que há regras para o fazer, assim como vários limites a respeitar. Só podem ser consideradas iniciativas de divulgação de ideários políticos porque, se por absurdo fossem por diante, acabariam por constituir revisões constitucionais inconstitucionais. Um dos pontos mais nevráligicos da polémica (não só portuguesa) sobre as mutações constitucionais é o Estado Social. Sobre ele se gerou um amplo consenso na Constituinte, que persiste e até talvez se haja aprofundado na sociedade de hoje. Ele faz intrinsecamente parte do programa da Constituição vigente, pelo que revê-la de …
Visões E Revisões Constitucionais, Paulo Ferreira Da Cunha
Visões E Revisões Constitucionais, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Os tempos actuais são apesar de tudo excelentes para reflectir sobre o vero alcance das normas. E sobretudo das normas generosas da nossa Constituição democrática e social. Não se pense que a Constituição é milagrosa. As crises, como aquela em que nos encontramos, colocam-lhe desafios sérios, e é a força das coisas, dos factos, e não o normativo dos textos, quem impera normalmente.
Unconstitutionality And Procedural Defects. A Problem Solved?, Sergio Verdugo Sverdugor@Udd.Cl
Unconstitutionality And Procedural Defects. A Problem Solved?, Sergio Verdugo Sverdugor@Udd.Cl
Sergio Verdugo R.
The debate related to the capacity of the Chilean action of unconstitutionality for reviewing the procedural defects of the statutes in the law making process, existing when this action was in the jurisdiction of the Supreme Court, still should remain. The author, after critically reviewing the reaction of the legal academia to the constitutional amendment of 2005, discovers that the decisions of the current Constitutional Court are contradictory. Then, he proposes a frame for finding a solution, which begins analyzing the scope of the action of unconstitutionality and the concrete judicial review, and ends with possible alternative solutions
November 30,2010: There Is No G-O-D In America, Bruce Ledewitz
November 30,2010: There Is No G-O-D In America, Bruce Ledewitz
Hallowed Secularism
Blog post, “There is no G-o-d in America“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Constitutional Right To Informational Privacy: Nasa V. Nelson, Russell T. Gorkin
The Constitutional Right To Informational Privacy: Nasa V. Nelson, Russell T. Gorkin
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
November 25, 2010: Happy Thanksgiving, Bruce Ledewitz
November 25, 2010: Happy Thanksgiving, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Thanksgiving“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 23, 2010: Religion, Art, Science And Philosophy Are Invitations, Bruce Ledewitz
November 23, 2010: Religion, Art, Science And Philosophy Are Invitations, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Religion, Art, Science and Philosophy Are Invitations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Rethinking The Order Of Battle In Constitutional Torts: A Reply To John Jeffries, Nancy Leong
Rethinking The Order Of Battle In Constitutional Torts: A Reply To John Jeffries, Nancy Leong
NULR Online
The Supreme Court’s decision in Pearson v. Callahan ended an eight-year experiment in the adjudication of qualified immunity claims. That experiment began with Saucier v. Katz, in which the Court held that lower courts mustdecide whether a government officer violated a plaintiff’s constitutional rights before addressing the question of whether the government officer was entitled to immunity. The Court’s rationale for requiring lower courts to first address the merits was the need to clarify constitutional law for the benefit of both government actors (who could then better conform their behavior to constitutional standards) and future plaintiffs (who could then …
November 20, 2010: The Task Of Secularism, Bruce Ledewitz
November 20, 2010: The Task Of Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Task of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.