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Articles 1 - 18 of 18
Full-Text Articles in Law
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
University of Richmond Law Review
No abstract provided.
Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner
Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner
University of Richmond Law Review
No abstract provided.
The Doctrine Of Deference: Shifting Constitutional Presumptions And The Supreme Court's Restatement Of Student Rights, Bernard James, Joanne E.K. Larson
The Doctrine Of Deference: Shifting Constitutional Presumptions And The Supreme Court's Restatement Of Student Rights, Bernard James, Joanne E.K. Larson
South Carolina Law Review
No abstract provided.
Military Detention And The Judiciary: Al Qaeda, The Kkk And Supra-State Law, Wayne Mccormack
Military Detention And The Judiciary: Al Qaeda, The Kkk And Supra-State Law, Wayne Mccormack
San Diego International Law Journal
This Article touches on the choice of whether to use the language and tools of war or the language and tools of law enforcement in responding to terrorism. The principal focus, however, is on the limited issue of judicial review and military detentions. The Article reviews the case law created on this subject during the Civil War and World War II. Historical considerations are found by the author to be relevant and helpful in solving the incoherency of current legal responses to terrorism. For instance, indefinite military detention is not coherent with either the international law concept of violations of …
The Irrelevance Of Sincerity: Deliberative Democracy In The Supreme Court, John M. Kang
The Irrelevance Of Sincerity: Deliberative Democracy In The Supreme Court, John M. Kang
Saint Louis University Law Journal
No abstract provided.
The Rehnquist Revolution, Erwin Chemerinsky
The Rehnquist Revolution, Erwin Chemerinsky
The University of New Hampshire Law Review
[Excerpt] "When historians look back at the Rehnquist Court, without a doubt they will say that its greatest changes in constitutional law were in the area of federalism. Over the past decade, and particularly over the last five years, the Supreme Court has dramatically limited the scope of Congress’ powers and has greatly expanded the protection of state Sovereign Immunity. Virtually every area of law, criminal and civil, is touched by these changes. Since I began teaching constitutional law in 1980, the most significant differences in constitutional law are a result of the Supreme Court’s revival of federalism as a …
The Law Of Typicality: Examining The Procedural Due Process Implications Of Sandin V. Conner, Donna H. Lee
The Law Of Typicality: Examining The Procedural Due Process Implications Of Sandin V. Conner, Donna H. Lee
Fordham Law Review
Although the Due Process Clause of the Fourteenth Amendment has long protected against deprivations that implicate state-created liberty interests as well as core constitutional concerns, the Supreme Court changed course in liberty interest jurisprudence in Sandin v. Conner. It retreated from a positivist approach and articulated a new test for determining when a prisoner's claim warrants procedural due process. The Court held that the challenged action must impose an "atypical and significant" hardship, but provided little guidance on how to measure typicality and significance. This Article proposes a methodology for examining typicality that is grounded in empirical evidence and advocates …
Foreword, Paula A. Monopoli
Foreword, Paula A. Monopoli
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Justice Sandra Day O'Connor: The World's Most Powerful Jurist?, Diane Lowenthal, Barbara Palmer
Justice Sandra Day O'Connor: The World's Most Powerful Jurist?, Diane Lowenthal, Barbara Palmer
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb
Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
What Lawrence V. Texas Says About The History And Future Of Reproductive Rights, Cynthia Dailard
What Lawrence V. Texas Says About The History And Future Of Reproductive Rights, Cynthia Dailard
Fordham Urban Law Journal
This article explores the ways in which the court's recognition of a broad zone of personal liberty in Lawrence v. Texas may serve to strengthen a woman's constitutionally protected reproductive rights in future Supreme Court decisions. Part of the author's analysis focuses on using particular Justices' opinions (and dissents) to predict the direction of future challenges to abortion rights in front of the Supreme Court.
To Be Announced: Silence From The United States Supreme Court And Disagreement Among Lower Courts Suggest An Uncertain Future For Class-Wide Arbitration - Green Tree Fin. Corp. V. Bazzle, Jonathan R. Bunch
Journal of Dispute Resolution
With growth in the area of arbitration agreements relating to employment, credit cards, loans, and other form agreements, the issue of class-wide arbitration has become an area of significant judicial activity. However, increased judicial activity has not resulted in increased clarity; to the dismay of those parties seeking to pursue or avoid class-wide arbitration, the law on this issue has become unpredictable from jurisdiction to jurisdiction. The United States Supreme Court has expressed the importance of the class-action as a valuable device for vindicating plaintiffs' rights. Additionally, the Supreme Court has recognized arbitration as a valuable form of dispute resolution. …
The Jose Padilla Story, Donna R. Newman
Torture, Marcy Strauss
The Torture Warrant: A Response To Professor Strauss, Alan M. Dershowitz
The Torture Warrant: A Response To Professor Strauss, Alan M. Dershowitz
NYLS Law Review
No abstract provided.
Investigating New York’S Son Of Sam Law: Problems With The Recent Extension Of Tort Liability For People Convicted Of Crimes, Jessica Yager
Investigating New York’S Son Of Sam Law: Problems With The Recent Extension Of Tort Liability For People Convicted Of Crimes, Jessica Yager
NYLS Law Review
No abstract provided.
Five Critical Issues In New York’S Grandparent Visitation Law After Troxel V. Granville, Stephen A. Newman
Five Critical Issues In New York’S Grandparent Visitation Law After Troxel V. Granville, Stephen A. Newman
NYLS Law Review
No abstract provided.
Homophobia And The “Matthew Shepard Effect” In Lawrence V. Texas, Kris Franklin
Homophobia And The “Matthew Shepard Effect” In Lawrence V. Texas, Kris Franklin
NYLS Law Review
No abstract provided.