Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (6)
- Supreme Court of the United States (4)
- Judges (3)
- Criminal Law (2)
- Education Law (2)
-
- Intellectual Property Law (2)
- Jurisprudence (2)
- Law and Politics (2)
- Administrative Law (1)
- Arts and Humanities (1)
- Banking and Finance Law (1)
- Business Organizations Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Courts (1)
- Criminal Procedure (1)
- Evidence (1)
- Fourth Amendment (1)
- History (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Jurisdiction (1)
- Law Enforcement and Corrections (1)
- Law and Society (1)
- Legal Remedies (1)
- Legislation (1)
- National Security Law (1)
- Political Science (1)
- President/Executive Department (1)
- Sexuality and the Law (1)
- Institution
-
- University of Richmond (4)
- The University of San Francisco (3)
- Seattle University School of Law (2)
- University of New Hampshire (2)
- American University Washington College of Law (1)
-
- Fordham Law School (1)
- Northwestern Pritzker School of Law (1)
- Saint Louis University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Oklahoma College of Law (1)
Articles 1 - 19 of 19
Full-Text Articles in Law
The Judicial Behavior Of Justice Souter In Criminal Cases And The Denial Of A Conservative Counterrevolution, Scott P. Johnson
The Judicial Behavior Of Justice Souter In Criminal Cases And The Denial Of A Conservative Counterrevolution, Scott P. Johnson
The University of New Hampshire Law Review
[Excerpt] “The following article documents the judicial career of Justice David Souter from his time served as an attorney general and state judge in New Hampshire until his recent tenure on the U.S. Supreme Court. Based upon his written opinions and individual votes, Justice Souter clearly has evolved into a more liberal jurist than ideological conservatives would have preferred in the area of criminal justice. Over the course of his judicial career, Justice Souter has gained respect as an intellectual scholar by attempting to completely understand both sides of a dispute and applying precedent and legal rules in a flexible—albeit …
Judicial Independence: A Call For Reform, Terence J. Lau
Judicial Independence: A Call For Reform, Terence J. Lau
Nevada Law Journal
No abstract provided.
Dear President Bush: Leaving A Legacy On The Federal Bench, Carl Tobias
Dear President Bush: Leaving A Legacy On The Federal Bench, Carl Tobias
University of Richmond Law Review
No abstract provided.
The $62 Million Question: Is Virginia's New Center To House Sexually Violent Prisoners Money Well Spent?, Molly T. Geissenhainer
The $62 Million Question: Is Virginia's New Center To House Sexually Violent Prisoners Money Well Spent?, Molly T. Geissenhainer
University of Richmond Law Review
This comment examines Virginia's current civil commitment statute for sexual predators and attempts to identify areas where Virginia should concentrate its limited resources in order to address more adequately the ever-increasing problem of what to do with sex offenders. Part II briefly describes why sex offenders present law enforcement with unique problems in prevention and deterrence. Part III details the history of civil commitment legislation. Part IV examines Supreme Court of the United States jurisprudence regarding the constitutionality of sex offender civil commitment statutes. Part V examines the Virginia Sexually Violent Predator Act. Part VI briefly considers current violent sexual …
Does The Supreme Court Still Matter?, Timothy B. Dyk
Does The Supreme Court Still Matter?, Timothy B. Dyk
American University Law Review
No abstract provided.
Standing In The Way Of Clarity: Hein V. Freedom From Religion Foundation, Inc., Mark Wankum
Standing In The Way Of Clarity: Hein V. Freedom From Religion Foundation, Inc., Mark Wankum
University of Arkansas at Little Rock Law Review
This article deals with the often misunderstood and maligned issue of taxpayer standing. It seeks to explore the Court's standing jurisprudence as it has evolved from "cases and controversies" to a modern constitutional doctrine. The article begins with a discussion of the Framers' judiciary and the development of a modern standing doctrine. It then turns to the area of taxpayer and citizen suits, exploring the judicial landmarks and landmines from Frothigham v. Mellon to Flast. Next, applications and limitations of the Flast test during the Burger, Rehnquist, and early Roberts Courts are explored, before turning to the most recent decision …
Will The United States Follow England (And The Rest Of The World) In Abandoning Capital Punishment?, Frederick C. Millett
Will The United States Follow England (And The Rest Of The World) In Abandoning Capital Punishment?, Frederick C. Millett
The University of New Hampshire Law Review
[Excerpt] “Walking down Nanjing Road in Shanghai, you will not only pass by the foreign clothing stores that seem to be taking over the area, but also Pepsi signs every fifty feet, a McDonald’s, and a KFC—all with the backdrop of Chinese characters and the Oriental Pearl TV Tower. Along your way, you can stop in The Chopstick Shop to find the perfect set of chopsticks, buy a smoothie from a vendor, or just sit on a bench and watch the thousands of Chinese people walk by wearing Nike hats and Levi’s jeans. Just across the river is the Pudong …
Born In The U.S.A.? Rethinking Birthright Citizenship In The Wake Of 9/11, John C. Eastman
Born In The U.S.A.? Rethinking Birthright Citizenship In The Wake Of 9/11, John C. Eastman
University of Richmond Law Review
No abstract provided.
Returning Rico To Racketeers: Corporations Cannot Constitute An Associated-In-Fact Enterprise Under 18 U.S.C. § 1961(4), Caroline N. Mitchell, Jordan Cunningham, Mark R. Lentz
Returning Rico To Racketeers: Corporations Cannot Constitute An Associated-In-Fact Enterprise Under 18 U.S.C. § 1961(4), Caroline N. Mitchell, Jordan Cunningham, Mark R. Lentz
Fordham Journal of Corporate & Financial Law
No abstract provided.
Out On A Limb Without Direction: How The Second Circuit’S Decision In Fox V. Fcc Failed To Adequately Address Broadcast Indecency And Why The Supreme Court Must Correct The Confusion, Andrew Smith
Saint Louis University Public Law Review
No abstract provided.
Revisiting The Application Of The Exclusionary Rule To The Good Faith Exceptions In Light Of Hudson V.Michigan, Shenequa L. Grey
Revisiting The Application Of The Exclusionary Rule To The Good Faith Exceptions In Light Of Hudson V.Michigan, Shenequa L. Grey
University of San Francisco Law Review
This Article examines other instances where the Supreme Court has historically held evidence inadmissible to determine whether such evidence should now be admissible in light of the Hudson v. Michigan analysis.
The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria L. Ontiveros, Joshua R. Drexler
The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria L. Ontiveros, Joshua R. Drexler
University of San Francisco Law Review
This Article highlights the economic and legal framework that has allowed a caste-like structure to be perpetuated where undocumented workers are exploited in order to do the work that economies demand, and to the extent that denial of education to the children of undocumented workers becomes part-and-parcel of this peculiar institution, the Thirteenth Amendment should prohibit it.
The Fallacy Of Mandating Contraceptive Equity: Why Laws That Protect Women With Health Insurance Deepen Institutional Discrimination, Phyra M. Mccandless
The Fallacy Of Mandating Contraceptive Equity: Why Laws That Protect Women With Health Insurance Deepen Institutional Discrimination, Phyra M. Mccandless
University of San Francisco Law Review
This Comment takes a close look at the United States' approach to health insurance and various unsuccessful efforts at broadening the health care choices of American women in the form of contraceptive equity laws.
Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine
Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine
American Indian Law Review
No abstract provided.
Independent Of The Constitution?--Issues Raised By An Independent Federal Legislative Ethics Commission With Independent Enforcement Authority, Paul Taylor
University of Richmond Law Review
No abstract provided.
Solving The Parents Involved Paradox, Lino A. Graglia
Solving The Parents Involved Paradox, Lino A. Graglia
Seattle University Law Review
The Supreme Court's decision in Parents Involved in Community Schools v. Seattle School District No. 1 (Parents Involved) presents the seeming paradox that the Constitution can on one day require a school district to take drastic measures, including busing students across a giant school district to increase racial integration in schools, and then prohibit school districts from taking even the mildest measures, such as using race as a tie-breaker in making student assignments, on the next. How, a rational observer must wonder, can this be possible? The answer is that, as usual in the making of “constitutional law,” the Constitution …
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathon L. Entin
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathon L. Entin
Seattle University Law Review
This Article examines some of the jurisprudential roots of the racial discrimination debate, tracing the issue back to Brown and its immediate aftermath but finding the seeds of the disagreement in the ambiguities of the first Justice Harlan's celebrated dissenting opinion in Plessy v. Ferguson. The tensions between the two approaches did not matter in Plessy because segregation was impermissible under either theory, but the two approaches pointed in opposite directions in Parents Involved. Part II offers an overview of the Seattle and Louisville policies that were struck down in Parents Involved. Part III examines the various …
Raising The Dead: How The Ninth Circuit Avoided The Supreme Court's Guidelines Concerning Aesthetic Functionality And Still Got Away With It In Au-Tomotive Gold, Yevgeniy Markov
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz
Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz
Touro Law Review
No abstract provided.