Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional Law (81)
- Constitutional History (58)
- Constitutional law (21)
- Constitution (18)
- First Amendment (17)
-
- Supreme Court (16)
- Criminal Law and Procedure (12)
- Civil Rights and Discrimination (10)
- Discrimination (8)
- Due process (8)
- Fifth Amendment (8)
- First amendment (8)
- Public Law and Legal Theory (8)
- Religion (8)
- Civil Rights (7)
- Constitutional history (7)
- Eighth Amendment (7)
- Fourth Amendment (7)
- Law and Society (7)
- Environmental Law (6)
- Free speech (6)
- Probable cause (6)
- Selected Professional Activities (6)
- Direito Constitucional (5)
- Equal protection (5)
- Establishment Clause (5)
- Federalism (5)
- International Law (5)
- Law & Religion (5)
- Legislation (5)
- Publication
-
- Peter J. Aschenbrenner (57)
- Alan E Garfield (9)
- Kent Greenfield (9)
- Sheri Lynn Johnson (9)
- Gregory S Alexander (8)
-
- John F. Stinneford (7)
- Josh Chafetz (7)
- Neil J. Kinkopf (7)
- John H. Blume (6)
- Michael A Helfand (6)
- Paulo Ferreira da Cunha (6)
- Sherry Colb (6)
- Cynthia R. Farina (5)
- James L. Kainen (5)
- Tanya Monique Washington (5)
- Germán M. Teruel Lozano (4)
- Martin A. Schwartz (4)
- Muna B Ndulo (4)
- Barry Cushman (3)
- Christopher H Hoebeke (3)
- Cynthia Grant Bowman (3)
- Donald B. Tobin (3)
- Eduardo M. Peñalver (3)
- Erin Daly (3)
- Juan Carlos Riofrío Martínez-Villalba (3)
- Mel Cousins (3)
- Sharon E. Rush (3)
- Shubhankar Dam (3)
- Stephen M. Feldman (3)
- Teresa M. G. Da Cunha Lopes (3)
- File Type
Articles 1 - 30 of 345
Full-Text Articles in Law
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar
Vincent Samar
Abstract
What Impact the Supreme Court’s Recent Hobby Lobby
Decision Might Have for LGBT Civil Rights?
Vincent J. Samar
The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the Court’s conservative majority …
Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven
Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven
Thomas Kleven
The book argues that a principle of equitable sharing is fundamental to the concept of democracy and to the democratic society the United States purports to be. It examines the political philosophies of John Locke, John Stuart Mill, and John Rawls, all of which contain a principle of equitable sharing in some form. It then examines the Declaration of Independence and the Constitution, both of which evidence a commitment to equitable sharing as foundational to the democratic society they contemplate. The book argues that the Supreme Court also has a meaningful role to play in the dialogue over the requirements …
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.
False Comfort And Impossible Promises: Uncertainty, Information Overload, And The Unitary Executive, Cynthia R. Farina
False Comfort And Impossible Promises: Uncertainty, Information Overload, And The Unitary Executive, Cynthia R. Farina
Cynthia R. Farina
The movement toward President-centered government is one of the most significant trends in modern American history. This trend has been accelerated by unitary executive theory, which provided constitutional and “good government” justifications for what political scientists have been calling the “personal” or “plebiscitary” presidency. This essay draws on cognitive, social and political psychology to suggest that the extreme cognitive and psychological demands of modern civic life make us particularly susceptible to a political and constitutional ideology organized around a powerful and beneficent leader who champions our interests in the face of internal obstacles and external threats. The essay goes on …
Escape From Cruel And Unusual Punishment: A Theory Of Constitutional Necessity, Cynthia R. Farina
Escape From Cruel And Unusual Punishment: A Theory Of Constitutional Necessity, Cynthia R. Farina
Cynthia R. Farina
The inmate who escapes from a federal or state prison and seeks to introduce evidence of unconstitutionally cruel and unusual confinement conditions to defend her action is barred by the well-established rule that prison conditions alone, no matter how intolerable or inhumane, neither justify nor excuse escape. If she attempts to use the defense of necessity—a limited exception to this rule—the prisoner will be required to show that a specific, imminent threat of death or serious injury prompt her escape. Evidence of prolonged or repeated deprivation and mistreatment sufficient to prove a violation of the eighth amendment may not be …
Blackletter Statement Of Federal Administrative Law: Standing, Cynthia R. Farina
Blackletter Statement Of Federal Administrative Law: Standing, Cynthia R. Farina
Cynthia R. Farina
No abstract provided.
Deconstructing Nondelegation, Cynthia R. Farina
Deconstructing Nondelegation, Cynthia R. Farina
Cynthia R. Farina
This Essay (part of the panel on "The Administrative State and the Constitution" at the 2009 Federalist Society Student Symposium) suggests that the persistence of debates over delegation to agencies cannot persuasively be explained as a determination finally to get constitutional law “right,” for nondelegation doctrine—at least as traditionally stated—does not rest on a particularly sound legal foundation. Rather, these debates continue because nondelegation provides a vehicle for pursuing a number of different concerns about the modern regulatory state. Whether or not one shares these concerns, they are not trivial, and we should voice and engage them directly rather than …
Undoing The New Deal Through The New Presidentialism, Cynthia R. Farina
Undoing The New Deal Through The New Presidentialism, Cynthia R. Farina
Cynthia R. Farina
No abstract provided.
The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb
The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb
Sherry Colb
Supreme Court doctrine protects two seemingly distinct kinds of interests under the heading of privacy rights: one "substantive," the other "procedural." The Fourth Amendment guarantee against "unreasonable searches and seizures" has been generally interpreted to protect procedural privacy. Searches are typically defined as governmental inspections of activities and locations in which an individual has a reasonable expectation of privacy from observation. In the typical case, this reasonable expectation of privacy may be breached only where the government has acquired a quantitatively substantial objective basis for believing that the search would uncover evidence of a crime. Substantive privacy rights have not …
What Is A Search? Two Conceptual Flaws In Fourth Amendment Doctine And Some Hints Of A Remedy, Sherry F. Colb
What Is A Search? Two Conceptual Flaws In Fourth Amendment Doctine And Some Hints Of A Remedy, Sherry F. Colb
Sherry Colb
No abstract provided.
Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb
Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb
Sherry Colb
No abstract provided.
Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb
Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb
Sherry Colb
No abstract provided.
Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb
Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb
Sherry Colb
American constitutional jurisprudence has long accepted the notion that the exercise of certain rights can only be restricted by the government if the restriction satisfies strict scrutiny. The Supreme Court has identified such rights as fundamental often by relying on an expansive interpretation of the word "liberty" in the due process clause of the fourteenth amendment. In this Article, Professor Colb argues that the Supreme Court has failed to recognize the right to physical liberty itself as a fundamental right. She demonstrates that at present conduct that is not itself constitutionally protected may serve as the basis for imprisonment even …
Stopping A Moving Target, Sherry F. Colb