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Articles 31 - 60 of 1633
Full-Text Articles in Law
Appellate Division, First Department, People V. Kelly, Hannah Abrams
Appellate Division, First Department, People V. Kelly, Hannah Abrams
Touro Law Review
No abstract provided.
The Legal Definition Of Religion: From Eating Cat Food To White Supremacy, Jane M. Ritter
The Legal Definition Of Religion: From Eating Cat Food To White Supremacy, Jane M. Ritter
Touro Law Review
No abstract provided.
The Aba Model Code Revisions And Judicial Campaign Speech: Constitutional And Practical Implications, Howland W. Abramson, Gary Lee
The Aba Model Code Revisions And Judicial Campaign Speech: Constitutional And Practical Implications, Howland W. Abramson, Gary Lee
Touro Law Review
No abstract provided.
A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein
A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel M. Gora
2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel M. Gora
Touro Law Review
No abstract provided.
December 24, 2014: Christmas Mourning, 2014, Bruce Ledewitz
December 24, 2014: Christmas Mourning, 2014, Bruce Ledewitz
Hallowed Secularism
Blog post, “Christmas Mourning, 2014“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Same-Sex Marriage And Conflict Of Law: The “Other” Constitutional Issue, Sheldon D. Pollack
Same-Sex Marriage And Conflict Of Law: The “Other” Constitutional Issue, Sheldon D. Pollack
Sheldon D Pollack
A constitutional issue of great significance has confounded our political and legal systems in recent decades. This involves the legal status afforded same-sex marriage. Under longstanding tradition, marriage in all fifty states was restricted to a union of one man and one woman (a “traditional marriage”). But tradition began to erode in the 1990s, gradually giving way to a tacit acceptance of same-sex marriage in various regions of the United States. The result has been several decades of unsettled and conflicting law with respect to the legal status of such unions, with some states recognizing same-sex marriages and others prohibiting …
December 21, 2014: Questioning Capitalism, Bruce Ledewitz
December 21, 2014: Questioning Capitalism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Questioning Capitalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Dicta And The Rule Of Law, Ryan S. Killian
Dicta And The Rule Of Law, Ryan S. Killian
Pepperdine Law Review
This Essay is about dicta. Like Olson, the Essay will not spend much time arguing about the definition of dicta. Rather, it analyzes rule of law issues as they pertain to dicta. Does the definition of dicta matter? Does reliance on dicta by subsequent courts raise rule of law concerns? The answer to both questions is yes.
An Outline For The Study Of Ethiopian Constitutional Law, Tsegaye Beru
An Outline For The Study Of Ethiopian Constitutional Law, Tsegaye Beru
Tsegaye Beru
This outline is based on the 1995 Ethiopian Constitution. However, it is important to acknowledge that the 1995 Constitution cannot be studied in isolation. Like its forerunners, the Constitution is not distinctively Ethiopia, save the customary and religious laws that have been recognized by it. Past and present constitutions were derived from various sources, mostly Western. The immediate source of the 1995 Constitution is the Charter of the Transitional Government that took power from the military government. However, the 1995 Constitution was built upon the constitutions and laws that preceded it and the customary and religious laws that predated it. …
Protecting The Free Flow Of Information: Federal Shield Laws In The Digital Age, Arielle Giordano
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
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.
Who Decides On Security?, Aziz Rana
Who Decides On Security?, Aziz Rana
Aziz Rana
Despite over six decades of reform initiatives, the overwhelming drift of security arrangements in the United States has been toward greater—not less— executive centralization and discretion. This Article explores why efforts to curb presidential prerogative have failed so consistently. It argues that while constitutional scholars have overwhelmingly focused their attention on procedural solutions, the underlying reason for the growth of emergency powers is ultimately political rather than purely legal. In particular, scholars have ignored how the basic meaning of "security" has itself shifted dramatically since World War II and the beginning of the Cold War in line with changing ideas …
What Future Democracy?, Aziz Rana
What Future Democracy?, Aziz Rana
Aziz Rana
The threat posed by Aids to the development of democracy in Africa plays no part in current discussions of the impact of the disease.
Scientific Jury Selection And The Equal Protection Rights Of Venire Persons, Jeffrey J. Rachlinski
Scientific Jury Selection And The Equal Protection Rights Of Venire Persons, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
Jury trials have always been a source of anxiety for litigators. Despite years of preparation, the outcome of a case can turn on the whimsical biases of a group of people who may or may not understand the legal arguments involved. In recent years, attorneys have taken steps to reduce this uncertainty by hiring social scientists who study jury decision making. One of the most popular services which these consultants offer is assistance in the jury selection process. The use of sociological and psychological methods in identifying and excluding unfavorable jurors from service, known as Scientific Jury Selection ("SJS"), has …
"They Saw A Protest": Cognitive Illiberalism And The Speech-Conduct Distinction, Dan M. Kahan, David A. Hoffman, Donald Braman, Danieli Evans, Jeffrey J. Rachlinski
"They Saw A Protest": Cognitive Illiberalism And The Speech-Conduct Distinction, Dan M. Kahan, David A. Hoffman, Donald Braman, Danieli Evans, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
“Cultural cognition” refers to the unconscious influence of individuals’ group commitments on their perceptions of legally consequential facts. We conducted an experiment to assess the impact of cultural cognition on perceptions of facts relevant to distinguishing constitutionally protected “speech” from unprotected “conduct.” Study subjects viewed a video of a political demonstration. Half the subjects believed that the demonstrators were protesting abortion outside of an abortion clinic, and the other half that the demonstrators were protesting the military’s “don’t ask, don’t tell” policy outside a campus recruitment facility. Subjects of opposing cultural outlooks who were assigned to the same experimental condition …
Constitution-Making In Africa: Assessing Both The Process And The Content, Muna Ndulo
Constitution-Making In Africa: Assessing Both The Process And The Content, Muna Ndulo
Muna B Ndulo
No abstract provided.
Constitutionalism In Zambia: Past, Present And Future, Muna Ndulo, Robert B. Kent
Constitutionalism In Zambia: Past, Present And Future, Muna Ndulo, Robert B. Kent
Muna B Ndulo
No abstract provided.
Judicial Reform, Constitutionalism And The Rule Of Law In Zambia: From A Justice System To A Just System, Muna Ndulo
Judicial Reform, Constitutionalism And The Rule Of Law In Zambia: From A Justice System To A Just System, Muna Ndulo
Muna B Ndulo
In Zambia it is generally agreed on by all stakeholders that the judicial system needs reform to make it more accountable, independent, and able to deliver justice efficiently and effectively. This article discusses judicial reform in the context of the independence of the judiciary. It tries to unpack the term judicial reform. It argues that for the rule of law and constitutionalism to prevail it is crucial that the judiciary is independent and there is separation of powers between the executive and the judiciary, and legislature and the judiciary. For judges to be personally and substantively independent they need security …
Presidentialism In The Southern African States And Constitutional Restraint On Presidential Power, Muna Ndulo
Presidentialism In The Southern African States And Constitutional Restraint On Presidential Power, Muna Ndulo
Muna B Ndulo
No abstract provided.
Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson
Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson
Sheri Lynn Johnson
No abstract provided.
When Lightning Strikes Back: South Carolina's Return To The Unconstitutional Standardless Capital Sentencing Regime Of The Pre-Furman Era, John H. Blume, Sheri Johnson, Emily C. Paavola, Keir M. Weyble
When Lightning Strikes Back: South Carolina's Return To The Unconstitutional Standardless Capital Sentencing Regime Of The Pre-Furman Era, John H. Blume, Sheri Johnson, Emily C. Paavola, Keir M. Weyble
Sheri Lynn Johnson
No abstract provided.
Confessions, Criminals, And Community, Sheri Lynn Johnson
Confessions, Criminals, And Community, Sheri Lynn Johnson
Sheri Lynn Johnson
No abstract provided.
The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson
The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson
Sheri Lynn Johnson
No one knows how the intent standard works in racial discrimination cases, though many have speculated. To test the speculation, this study examines how the intent standard actually operates. Its findings cast doubt on whether we really know how any legal standard functions.
A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson
A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson
Sheri Lynn Johnson
No abstract provided.
Specific Agreements About Race: A Response To Professor Sunstein, Sheri Johnson
Specific Agreements About Race: A Response To Professor Sunstein, Sheri Johnson
Sheri Lynn Johnson
No abstract provided.
Convicting Lennie: Mental Retardation, Wrongful Convictions, And The Right To A Fair Trial, John H. Blume, Sheri Lynn Johnson, Susan E. Millor
Convicting Lennie: Mental Retardation, Wrongful Convictions, And The Right To A Fair Trial, John H. Blume, Sheri Lynn Johnson, Susan E. Millor
Sheri Lynn Johnson
"Lennie" refers to Lennie Small, the intellectually disabled character in John Steinbeck's famous novella Of Mice and Men, which tells the story of two Depression-era wandering farmhands, George and Lennie, who dream of getting their own stake and living "off the fat of the land." Their dream dies hard when Lennie accidently kills the young, beautiful, and flirtatious wife of a ranch owner's son and then tries to cover it up because he realizes that he has "done a bad thing." George, in turn, kills Lennie to prevent him from being lynched or tried for murder. Lennie was doomed because …
Race And The Decision To Detain A Suspect, Sheri Johnson
Race And The Decision To Detain A Suspect, Sheri Johnson
Sheri Lynn Johnson
No abstract provided.
The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson
The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson
Sheri Lynn Johnson
No abstract provided.
December 18, 2014: Good News On Cuba, Bruce Ledewitz
December 18, 2014: Good News On Cuba, Bruce Ledewitz
Hallowed Secularism
Blog post, “Good News on Cuba“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.