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Articles 1 - 28 of 28
Full-Text Articles in Law
A Primer On Hobby Lobby: For-Pro T Corporate Entities’ Challenge To The Hhs Mandate, Free Exercise Rights, Rf ’S Scope, And The Nondelegation Doctrine, Danielle Weatherby, Terri R. Day, Leticia M. Diaz
A Primer On Hobby Lobby: For-Pro T Corporate Entities’ Challenge To The Hhs Mandate, Free Exercise Rights, Rf ’S Scope, And The Nondelegation Doctrine, Danielle Weatherby, Terri R. Day, Leticia M. Diaz
Danielle Weatherby
Diversity: The Red Herring Of Equal Protection, Sharon E. Rush
Diversity: The Red Herring Of Equal Protection, Sharon E. Rush
Sharon E. Rush
Couching the constitutional inquiry in cases like Bakke and VMI in the context of integration also puts in perspective the diversity justification. Affirmative action policies are constitutional because they integrate state programs. Integration on the basis of race and sex also diversifies state programs. In contrast, attempts to justify sex-segregation in state programs by arguing the policy promotes diversity is irrelevant to an equal protection analysis. Voluntarily created all-female schools should be constitutional because they promote the equal citizenship of women without damaging the equal citizenship stature of men. This is true for voluntarily race-segregated programs for minorities; as well. …
Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito
Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito
Natsu Taylor Saito
Saito draws parallels between the internment of Japanese Americans during WWII and the current actions being taken by the US government as it seeks out terrorists in the post-9/11 world. The action of unequal prosecution of citizens based on race has roots that extend far back in American history, and the unfair internment of citizens in the 20th century should not be considered an aberration of public policy.
The Scope Of “High Crimes And Misdemeanors” After The Impeachment Of President Clinton, Neil Kinkopf
The Scope Of “High Crimes And Misdemeanors” After The Impeachment Of President Clinton, Neil Kinkopf
Neil J. Kinkopf
Kinkopf believes that the House of Representatives' decision to impeach Pres Clinton on the charge that he committed perjury before the grand jury, a charge that did not involve official conduct, was proper. Even though Pres Clinton's misconduct was not a proper basis for impeachment or conviction, his case demonstrates that if would be terribly unwise to understand official misconduct to be a necessary element of a high crime or misdemeanor.
Supreme Court Religious Freedom Case Should Give Us Pride, Alan E. Garfield
Supreme Court Religious Freedom Case Should Give Us Pride, Alan E. Garfield
Alan E Garfield
No abstract provided.
Constitution And Pollution: Federalism At Work, David R. Hodas
Constitution And Pollution: Federalism At Work, David R. Hodas
David R. Hodas
No abstract provided.
Are ‘We The People’ Meeting Our Responsibilities?, Alan E. Garfield
Are ‘We The People’ Meeting Our Responsibilities?, Alan E. Garfield
Alan E Garfield
No abstract provided.
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
James L. Kainen
No abstract provided.
The Founders’ Origination Clause (And Implications For The Affordable Care Act), Prof. Robert G. Natelson
The Founders’ Origination Clause (And Implications For The Affordable Care Act), Prof. Robert G. Natelson
Robert G. Natelson
This Article is the first comprehensive examination of the original legal force of the Constitution’s Origination Clause, drawing not merely on the records of the 1787-90 constitutional debates, but on founding-era British and American legislative practice and other sources. This Article defines the bills governed by the Origination Clause, the precise meaning of the House origination requirement, and the extent of the Senate’s amendment power. For illustrative purposes, the Article tests against its findings the currently-litigated claim that the financial penalty for failure to acquire individual health insurance under the Patient Protection and Affordable Care Act is invalid as a …
The Constitutional Right To Bargain Collectively: The Ironies Of Labour History In The Supreme Court Of Canada, Eric Tucker
The Constitutional Right To Bargain Collectively: The Ironies Of Labour History In The Supreme Court Of Canada, Eric Tucker
Eric M. Tucker
In June 2007 the Supreme Court of Canada held that the right to collective bargaining is a constitutionally protected under the Charter of Rights and Freedoms' guarantee of freedom of association. In so doing, they overruled a twenty-year old line of precedent that had rejected that very proposition. The court rested its current position of four grounds, one of which was that Canadian labour history supports the view that collective bargaining had become recognized as a fundamental right prior to the Charter. This article critically reviews the court's labour history and argues that it erroneously asserts that workers enjoyed a …
Is Contraception Mandate ‘No Big Deal?’, Alan E. Garfield
Is Contraception Mandate ‘No Big Deal?’, Alan E. Garfield
Alan E Garfield
No abstract provided.
Institutional Autonomy And Constitutional Structure, Randy J. Kozel
Institutional Autonomy And Constitutional Structure, Randy J. Kozel
Randy J Kozel
This Review makes two claims. The first is that Paul Horwitz’s excellent book, "First Amendment Institutions," depicts the institutionalist movement in robust and provocative form. The second is that it would be a mistake to assume from its immersion in First Amendment jurisprudence (not to mention its title) that the book's implications are limited to the First Amendment. Professor Horwitz presents First Amendment institutionalism as a wide-ranging theory of constitutional structure whose focus is as much on constraining the authority of political government as it is on facilitating expression. These are the terms on which the book's argument — and, …
Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun
Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun
Samuel W. Calhoun
No abstract provided.
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Samuel W. Calhoun
No abstract provided.
Here’S Some Malarkey: Judges Are Umpires, Alan E. Garfield
Here’S Some Malarkey: Judges Are Umpires, Alan E. Garfield
Alan E Garfield
No abstract provided.
Remembering Justice Warren’S Surprising Legacy, Robert Hayman
Remembering Justice Warren’S Surprising Legacy, Robert Hayman
Robert L. Hayman
No abstract provided.
Instead Of Government Truth Police, A Wiser Course Is Informed Citizenry, Alan E. Garfield
Instead Of Government Truth Police, A Wiser Course Is Informed Citizenry, Alan E. Garfield
Alan E Garfield
No abstract provided.
Neurotechnologies At The Intersection Of Criminal Procedure And Constitutional Law, Amanda C. Pustilnik
Neurotechnologies At The Intersection Of Criminal Procedure And Constitutional Law, Amanda C. Pustilnik
Amanda C Pustilnik
The rapid development of neurotechnologies poses novel constitutional issues for criminal law and criminal procedure. These technologies can identify directly from brain waves whether a person is familiar with a stimulus like a face or a weapon, can model blood flow in the brain to indicate whether a person is lying, and can even interfere with brain processes themselves via high-powered magnets to cause a person to be less likely to lie to an investigator. These technologies implicate the constitutional privilege against compelled, self-incriminating speech under the Fifth Amendment and the right to be free of unreasonable search and seizure …
Making The Case For Contraception Over Religious Views, Alan E. Garfield
Making The Case For Contraception Over Religious Views, Alan E. Garfield
Alan E Garfield
No abstract provided.
The Privilege Against Self-Incrimination In Bankruptcy And The Plight Of The Debtor, Timothy R. Tarvin
The Privilege Against Self-Incrimination In Bankruptcy And The Plight Of The Debtor, Timothy R. Tarvin
Timothy R Tarvin
Who Deserves The Right To Decide On Abortion?, Alan E. Garfield
Who Deserves The Right To Decide On Abortion?, Alan E. Garfield
Alan E Garfield
No abstract provided.
Court Considers Space Restrictions On First Amendment, Alan E. Garfield
Court Considers Space Restrictions On First Amendment, Alan E. Garfield
Alan E Garfield
No abstract provided.
Anti-Anti-Evasion In Constitutional Law, Michael B. Kent Jr., Brandon P. Denning
Anti-Anti-Evasion In Constitutional Law, Michael B. Kent Jr., Brandon P. Denning
Michael B. Kent Jr.
No abstract provided.
Constitutional Trespass, Laurent Sacharoff
Constitutional Trespass, Laurent Sacharoff
Laurent Sacharoff
The H. Albert Young Distinguished Lecture In Constitutional Law, Constitutional Comparisons: Emerging Dignity Rights At Home And Abroad, Erin Daly
Erin Daly
No abstract provided.
What Is A 'Religious Institution'?, Zoe D. Robinson
What Is A 'Religious Institution'?, Zoe D. Robinson
Zoe Robinson
The Contraception Mandate And The Forgotten Constitutional Question, Zoe D. Robinson
The Contraception Mandate And The Forgotten Constitutional Question, Zoe D. Robinson
Zoe Robinson
El Ámbito De Aplicación De La Ley (Cap. 5) / Comentarios A La Da 1ª, A La Df 1ª Y A La Df 2ª (Cap. 24), Germán M. Teruel Lozano
El Ámbito De Aplicación De La Ley (Cap. 5) / Comentarios A La Da 1ª, A La Df 1ª Y A La Df 2ª (Cap. 24), Germán M. Teruel Lozano
Germán M. Teruel Lozano
No abstract provided.