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Full-Text Articles in Law
The Return Of Reasonableness: Saving The Fourth Amendment From The Supreme Court, Melanie D. Wilson
The Return Of Reasonableness: Saving The Fourth Amendment From The Supreme Court, Melanie D. Wilson
Scholarly Articles
Although there is no recipe for defining Fourth Amendment reasonableness, the Supreme Court produces its most anomalous Fourth Amendment outcomes when it decides "mixed" questions of reasonableness, assessing issues that turn on how ordinary, prudent citizens think and behave. The Court treats these mixed issues, combinations of fact and law, as if they raise purely legal questions. But mixed issues are more complex and require someone to determine historical facts, apply those facts to principles of Fourth Amendment law, and consider the totality of the circumstances, including taking into account community and cultural influences. The Supreme Court will take its …
The American Presidency, The 2008 Election, And The Constitution's Natural Born Citizenship Proviso, Sarah Helene Duggin, Mary Beth Collins
The American Presidency, The 2008 Election, And The Constitution's Natural Born Citizenship Proviso, Sarah Helene Duggin, Mary Beth Collins
Scholarly Articles
The following discussion describes the historical context of the natural born citizenship clause; explores some of the issues the proviso raises in contemporary American society, particularly its impact on Senator McCain and future presidential hopefuls; and offers a brief reflection on why the United States needs to amend Article II to eliminate natural born citizenship as a qualification for the presidency and vice presidency.
The Problem Of Religious Learning, Marc O. Degirolami
The Problem Of Religious Learning, Marc O. Degirolami
Scholarly Articles
The problem of religious learning is that religion-including the teaching about religion-must be separated from liberal public education, but that the two cannot be entirely separated if the aims of liberal public education are to be realized. It is a problem that has gone largely unexamined by courts, constitutional scholars, and other legal theorists. Though the U.S. Supreme Court has offered a few terse statements about the permissibility of teaching about religion in its Establishment Clause jurisprudence, and scholars frequently urge policies for or against such controversial subjects as Intelligent Design or graduation prayers, insuffi- cient attention has been paid …
God’S Littlest Children And The Right To Live: The Case For A Positivist Pro-Life Overturning Of Roe, Raymond B. Marcin
God’S Littlest Children And The Right To Live: The Case For A Positivist Pro-Life Overturning Of Roe, Raymond B. Marcin
Scholarly Articles
For those who understand that God's littlest children have the same right to life that all God's children have, the day on which the United States Supreme Court decided Roe v. Wade was a day that echoed the grief and frustration that, more than a century earlier, accompanied the decision in Dred Scott v. Sandford. And the day on which the United States Supreme Court decides to overturn Roe v. Wade and all the other pro-abortion decisions will be a day of heart-felt thanksgiving. From the pro-life perspective, however, it will not be enough, that the Supreme Court merely overturns …