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Articles 1 - 11 of 11

Full-Text Articles in Law

Protecting The Free Flow Of Information: Federal Shield Laws In The Digital Age, Arielle Giordano Dec 2014

Protecting The Free Flow Of Information: Federal Shield Laws In The Digital Age, Arielle Giordano

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna Dec 2014

Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson Oct 2014

Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson

Catholic University Law Review

As political spending reaches new highs in the 2012 election cycle, and as the controversy surrounding wealthy donors and interest groups grows, polls demonstrate a surge of cynicism among Americans who profess a belief that the American political system is corrupt. The Supreme Court’s 2010 decision in Citizens United made possible the most recent expansion of political spending. In this case, the question was whether allowing corporations and unions to spend unlimited amounts of money on political advertising would result in corruption or the appearance of corruption. The majority on the Court determined that it would not. Many observers have …


The Meme Of Voter Fraud, Atiba R. Ellis Oct 2014

The Meme Of Voter Fraud, Atiba R. Ellis

Catholic University Law Review

The meme of voter fraud is the idea that unworthy voters are attacking the electoral system by voting fraudulently through impersonation or other bad acts. Although scholars of election law aptly demonstrate that the meme is a myth, the meme nonetheless endures as a rationale for the continued passage of heightened voter regulations like voter identification laws. Scholarship critiquing the voter fraud meme relies on partisanship as the prime explanation for voter fraud arguments. This explanation is incomplete in light of the fact that proponents of the myth continue to believe it on an ideological level even when the lack …


Fourth Amendment "Cheeks" And Balances: The Supreme Court's Inconsistent Conclusions And Deference To Law Enforcement Officials In Maryland V. King And Florence V. Board Of Chosen Freeholders Of The County Of Burlington, Diana R. Donahoe Aug 2014

Fourth Amendment "Cheeks" And Balances: The Supreme Court's Inconsistent Conclusions And Deference To Law Enforcement Officials In Maryland V. King And Florence V. Board Of Chosen Freeholders Of The County Of Burlington, Diana R. Donahoe

Catholic University Law Review

No abstract provided.


State V. Brossart: Adapting The Fourth Amendment For A Future With Drones, Thomas Bryan Jun 2014

State V. Brossart: Adapting The Fourth Amendment For A Future With Drones, Thomas Bryan

Catholic University Law Review

No abstract provided.


A Tale Of Two Minority Groups: Can Two Different Minority Groups Bring A Coalition Suit Under Section 2 Of The Voting Rights Act Of 1965, Sara Michaloski Apr 2014

A Tale Of Two Minority Groups: Can Two Different Minority Groups Bring A Coalition Suit Under Section 2 Of The Voting Rights Act Of 1965, Sara Michaloski

Catholic University Law Review

No abstract provided.


A Whole Text Reading Of The War Powers Clauses: Why The Constitution’S Text Obviates Esoteric War Powers Debates And Encourages Policy Flexibility And Democratic Accountability, Antonio F. Perez Jan 2014

A Whole Text Reading Of The War Powers Clauses: Why The Constitution’S Text Obviates Esoteric War Powers Debates And Encourages Policy Flexibility And Democratic Accountability, Antonio F. Perez

Scholarly Articles

This paper is a lightly-footnoted and modestly expanded version of my presentation at the Georgetown Journal of Law & Public Policy Symposium’s panel on Executive War Powers, Syria, and President Obama’s “Red Line”—Did President Obama Have the Power to Use Force in Syria without Congressional Approval? While criticizing the President’s policy decision, this paper argues that the President would have been well within his authority to use force. Relying r on a whole text reading of the relevant constitutional provisions, it argues that the President’s authority to use force is virtually plenary, while Congress’s authority is limited to governing the …


Observations On Macdonald V. Moose, Kevin C. Walsh Jan 2014

Observations On Macdonald V. Moose, Kevin C. Walsh

Scholarly Articles

In MacDonald v. Moose, a split panel of the U.S. Court of Appeals for the Fourth Circuit granted a petition for a writ of habeas corpus to undo the state criminal conviction of an adult for soliciting oral sex from a minor. Based on Lawrence v. Texas, the court held a longstanding Virginia prohibition of bestiality and sodomy to be partially facially unconstitutional. Its decision left the bestiality prohibition untouched while holding the sodomy prohibition completely unenforceable, even as applied in cases involving minors.

The panel majority misapplied the deferential standard of review required by Congress for federal habeas …


Doe V. Wilmington Housing Authority: The Common Area Caveat As A Paradigmatic Balance Between Tenant Safety And Second Amendment Rights, Iyen Acosta Jan 2014

Doe V. Wilmington Housing Authority: The Common Area Caveat As A Paradigmatic Balance Between Tenant Safety And Second Amendment Rights, Iyen Acosta

Catholic University Law Review

No abstract provided.


In Need Of Clarification: A Call To Define The Scope Of The Routine Booking Exception By Adopting The Legitimate Administrative Function Test, Elizabeth Parrish Jan 2014

In Need Of Clarification: A Call To Define The Scope Of The Routine Booking Exception By Adopting The Legitimate Administrative Function Test, Elizabeth Parrish

Catholic University Law Review

No abstract provided.