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Full-Text Articles in Law

Book Review: James Duane, You Have The Right To Remain Innocent: What Police Officers Tell Their Children About The Fifth Amendment, Cecily J. Mullins Oct 2017

Book Review: James Duane, You Have The Right To Remain Innocent: What Police Officers Tell Their Children About The Fifth Amendment, Cecily J. Mullins

ConLawNOW

In this essay, the student author reviews the book You Have the Right to Remain Innocent by James Duane, which emphasizes the inherent risks of speaking to the police, regardless of whether or not you have something to hide.


Book Review: Deborah Rhode, Women And Leadership, Vaughn Hokanson Oct 2017

Book Review: Deborah Rhode, Women And Leadership, Vaughn Hokanson

ConLawNOW

In this essay, the student author reviews the book Women & Leadership by Deborah Rhode, which offers potential solutions to the all-too-common challenges faced by those seeking to increase the number of women in top leadership positions.


A Look At The Fourth Amendment Implications Of Drone Surveillance By Law Enforcement Today, Mary Mara Oct 2017

A Look At The Fourth Amendment Implications Of Drone Surveillance By Law Enforcement Today, Mary Mara

ConLawNOW

This paper will examine the current state of drone technology and its increasing prevalence in private and public settings. As police agencies seek to incorporate this new technology into their crime-fighting arsenal, serious Fourth Amendment privacy considerations arise. Although a national debate rages in this country about the impact of modern technology on privacy rights, Congress, the Federal Aviation Authority (FAA), and the Supreme Court have yet to weigh in on the Fourth Amendment implications of warrantless drone surveillance by law enforcement. Furthermore, while some states have attempted to step into the breach by passing legislation which limits the use …


Finding Justice, Laurie L. Levenson Jun 2017

Finding Justice, Laurie L. Levenson

ConLawNOW

In this essay memoralizing remarks presented on Constitution Day, Professor Laurie Levenson reflects on her transition from federal prosecutor to defense attorney as founder of Loyola Law School’s Project for the Innocent. She recounts the stories of two clients freed by the work of the Project. She then discusses how this work revealed blind faith in the Constitution is not enough to ensure that only the guilty are convicted. We need to do better. Levenson argues that we need to realize that constitutional rights only protect individuals if both prosecutors and defense lawyers want those rights to work. A prosecutor …


Perspectives From The Bench On Feminist Judgments, Elinore Marsh Stormer Apr 2017

Perspectives From The Bench On Feminist Judgments, Elinore Marsh Stormer

ConLawNOW

Judge Elinore Marsh Stormer, probate judge in Summit County, Ohio, gave these remarks as part of a panel discussion on feminist judging. The discussion took place at a conference sponsored by the Center for Constitutional Law at the University of Akron in October 2016. Judge Stormer offered insights on her own experience as a woman judge and on the role of judges addressing issues of gender equality in their courts.


Freedom Of Artistic Creation In The Constitution Of The Republic Of Poland, Filip Cieply Mar 2017

Freedom Of Artistic Creation In The Constitution Of The Republic Of Poland, Filip Cieply

ConLawNOW

The question of freedom of artistic creation, and of its integral aspect at the boundaries of art, is both intriguing in theoretical terms and significant in virtually every age and culture. Limitation of freedom of artistic creation is an issue that crosses various paradigms, hierarchies of values and normative systems.

The aim of this paper is to give an introduction to the interpretation of Article 73 of the Constitution of the Republic of Poland, which provides for freedom of artistic expression. In particular, the focus is put on the constitutional basis for legally limiting the freedom of artistic creation.


The Impact Of Justice Scalia's Replacement On Gender Equality Issues, Wilson R. Huhn Feb 2017

The Impact Of Justice Scalia's Replacement On Gender Equality Issues, Wilson R. Huhn

ConLawNOW

The last forty-six years may be accurately described as the era of the modern Republican Supreme Court. As a result of presidential elections, Republican presidents have nominated all ten of the Justices appointed to the United States Supreme Court between 1969 and 1991. Republicans have thus controlled the Court since 1970. During this period the right to gender equality was recognized and the right to marriage equality was realized. However, also during this period many Republican Justices staunchly opposed gender equality, and far more remains to be accomplished.

Since Justice Scalia’s death, the Supreme Court has been deadlocked on a …