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Articles 1 - 30 of 221
Full-Text Articles in Law
The "New Judicial Federalism" Before Its Time: A Comprehensive Review Of Economic Substantive Due Process Under State Constitutional Law Since 1940 And The Reasons For Its Recent Decline, Anthony B. Sanders
American University Law Review
The coming of the New Deal may have spelled the end of the Lochner era in the federal courts, but in the state courts Lochner's doctrine of economic substantive due process lives on. Since the New Deal, courts in almost every state have rebuffed the United States Supreme Court and have interpreted their own state constitutions' due process clauses to provide substantive protections to economic liberties. This Article presents a comprehensive survey of state court use of economic substantive due process since the New Deal. It includes an enumeration of every instance since 1940 of a state court of highest …
Theorizing Agency, Susan Carle
Theorizing Agency, Susan Carle
American University Law Review
Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …
Homegrown Child Pornography And The Commerce Clause: Where To Draw The Line On Interstate Production Of Child Pornography, Lauren Bianchini
Homegrown Child Pornography And The Commerce Clause: Where To Draw The Line On Interstate Production Of Child Pornography, Lauren Bianchini
American University Law Review
No abstract provided.
Balancing Deterrence, Comity Considerations, And Judicial Efficiency: The Use Of The D.C. Circuit's Proximate Cause Standards For Determining Subject Matter Jurisdiction Over Extraterritorial Antitrust Cases, Stephanie Casy
American University Law Review
No abstract provided.
The Historical Amendability Of The American Constitution: Speculations On An Empirical Problematic, Darren R. Latham
The Historical Amendability Of The American Constitution: Speculations On An Empirical Problematic, Darren R. Latham
American University Law Review
No abstract provided.
Shades Of Grey: Can The Copyright Fair Use Defense Adapt To New Re-Contextualized Forms Of Music And Art?, Nicholas B. Lewis
Shades Of Grey: Can The Copyright Fair Use Defense Adapt To New Re-Contextualized Forms Of Music And Art?, Nicholas B. Lewis
American University Law Review
No abstract provided.
Epilogue: Overcriminalizing: An Agenda For Change, Paul Rosenzweig
Epilogue: Overcriminalizing: An Agenda For Change, Paul Rosenzweig
American University Law Review
No abstract provided.
2004 Trademark Law Decisions Of The Federal Circuit, Bruce J. Goldner, Kenneth A. Plevan
2004 Trademark Law Decisions Of The Federal Circuit, Bruce J. Goldner, Kenneth A. Plevan
American University Law Review
No abstract provided.
Jurisdiction And Separation Of Powers Strategies To Limit The Expansion Of Federal Crimes, John S. Baker Jr.
Jurisdiction And Separation Of Powers Strategies To Limit The Expansion Of Federal Crimes, John S. Baker Jr.
American University Law Review
No abstract provided.
Ethics And The Problem Of White Collar Crime, John Hasnas
Ethics And The Problem Of White Collar Crime, John Hasnas
American University Law Review
No abstract provided.
The Overcriminalization Phenomenon, Erik Luna
The Overcriminalization Phenomenon, Erik Luna
American University Law Review
No abstract provided.
The Many Faces Of Overcriminalization: From Morals And Mattress Tags To Overfederalization, Sara Sun Beale
The Many Faces Of Overcriminalization: From Morals And Mattress Tags To Overfederalization, Sara Sun Beale
American University Law Review
No abstract provided.
Constitutional Historicism: An Examination Of The Eighth Amendment Evolving Standards Of Decency Test, William C. Heffernan
Constitutional Historicism: An Examination Of The Eighth Amendment Evolving Standards Of Decency Test, William C. Heffernan
American University Law Review
No abstract provided.
Comment: Does Hiibel Redefine Terry? The Latest Expansion Of The Terry Doctrine And The Silent Impact Of Terrorism On The Supreme Court's Decision To Compel Identification, Jamie L. Stulin
American University Law Review
No abstract provided.
The Federal Marriage Amendment: To Protect The Sanctity Of Marriage Or Destroy Constitutional Democracy?, Joan Schaffner
The Federal Marriage Amendment: To Protect The Sanctity Of Marriage Or Destroy Constitutional Democracy?, Joan Schaffner
American University Law Review
No abstract provided.
Comment: Agency And Liability In Sexual Harassment Law: Toward A Broader Definition Of Tangible Employment Actions, Aric G. Elsenheimer
Comment: Agency And Liability In Sexual Harassment Law: Toward A Broader Definition Of Tangible Employment Actions, Aric G. Elsenheimer
American University Law Review
No abstract provided.
Pennsylvania State Police V. Suders, Leilani J. Hart
Pennsylvania State Police V. Suders, Leilani J. Hart
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Textual Harassment: A New Historicist Reappraisal Of The Parol Evendence Rule With Gender In Mind, Hila Keren
Textual Harassment: A New Historicist Reappraisal Of The Parol Evendence Rule With Gender In Mind, Hila Keren
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Fair V. Rumsfeld, Michael J. Collins
Fair V. Rumsfeld, Michael J. Collins
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Return Of J. Edgar Hoover: The Fbi's Reversion To Political Intelligence Gathering , Zehra Naqvi
The Return Of J. Edgar Hoover: The Fbi's Reversion To Political Intelligence Gathering , Zehra Naqvi
The Modern American
No abstract provided.
American Indian And Alaskan Native Health Care Today: The United States Government's Disparate Treatment Leaves Tribal People Trailing , Deborah Broken Rope
American Indian And Alaskan Native Health Care Today: The United States Government's Disparate Treatment Leaves Tribal People Trailing , Deborah Broken Rope
The Modern American
No abstract provided.
It's All About The Benjamins: Economic Obstacles Plugging The Diversity Pipeline Into The Practice Of Law , Vanessa Johnson
It's All About The Benjamins: Economic Obstacles Plugging The Diversity Pipeline Into The Practice Of Law , Vanessa Johnson
The Modern American
No abstract provided.
The Presumed Alliance: The Unspoken Conflict Between Latinos And Blacks And What It Means For America , Leeann O’Neill
The Presumed Alliance: The Unspoken Conflict Between Latinos And Blacks And What It Means For America , Leeann O’Neill
The Modern American
No abstract provided.
Preparing For America's Future: Latinos In Education, Roopa Nemi
Preparing For America's Future: Latinos In Education, Roopa Nemi
The Modern American
No abstract provided.
Volume 1, Issue 2, The Modern American
Spotlight On Kevin Jennings: Executive Director And Co-Founder Of The Gay, Lesbian, And Straight Education Network (Glsen) , Lydia Edwards
Spotlight On Kevin Jennings: Executive Director And Co-Founder Of The Gay, Lesbian, And Straight Education Network (Glsen) , Lydia Edwards
The Modern American
No abstract provided.
Letter From The Executive Board, The Modern American
Letter From The Executive Board, The Modern American
The Modern American
No abstract provided.
A Direct Approach To Reparations: Municipal Efforts To Ensure Social Justice , Samuel Emiliano Brown
A Direct Approach To Reparations: Municipal Efforts To Ensure Social Justice , Samuel Emiliano Brown
The Modern American
No abstract provided.
Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison
Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison
The Modern American
No abstract provided.
Save A Hunter, Shoot A Hmong, Aimee J. Baldillo, Jeanette Mendy, Vincent A. Eng
Save A Hunter, Shoot A Hmong, Aimee J. Baldillo, Jeanette Mendy, Vincent A. Eng
The Modern American
No abstract provided.