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Articles 1 - 30 of 45
Full-Text Articles in Law
Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman
Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman
Robert L. Hayman
This is a foreword to a compendium of writings by our lost friend and colleague, Bobby Lipkin, collected within a special issue of the Widener Law Review. Bobby’s constitutionalism beholds and celebrates that "no constitutional truths emanate from either politically unaccountable" courts or from paradigmatically imperfect constitutional legal theories. Rather, Bobby’s constitutionalism was participatory and justificatory: it derives from the Constitution’s republican democracy. The Constitution means what We the People allow it to mean at constitutional inflection points in our nation’s history. We miss Bobby dearly.
Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman
Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman
Erin Daly
This is a foreword to a compendium of writings by our lost friend and colleague, Bobby Lipkin, collected within a special issue of the Widener Law Review. Bobby’s constitutionalism beholds and celebrates that "no constitutional truths emanate from either politically unaccountable" courts or from paradigmatically imperfect constitutional legal theories. Rather, Bobby’s constitutionalism was participatory and justificatory: it derives from the Constitution’s republican democracy. The Constitution means what We the People allow it to mean at constitutional inflection points in our nation’s history. We miss Bobby dearly.
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Eileen Kaufman
No abstract provided.
Civil Rights And Related Decisions, Eileen Kaufman
Civil Rights And Related Decisions, Eileen Kaufman
Eileen Kaufman
No abstract provided.
Civil Rights And Related Decisions, Eileen Kaufman
Civil Rights And Related Decisions, Eileen Kaufman
Eileen Kaufman
No abstract provided.
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Eileen Kaufman
No abstract provided.
In Efforts To Regulate Immigration, States Test Limits Of Their Authority, Alan E. Garfield
In Efforts To Regulate Immigration, States Test Limits Of Their Authority, Alan E. Garfield
Alan E Garfield
No abstract provided.
Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Banks
Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Banks
Taunya Lovell Banks
Renowned civil rights advocate and race man Thurgood Marshall came of age as a lawyer during the black protest movement in the 1930s. He represented civil rights protesters, albeit reluctantly, but was ambivalent about post-Brown mass protests. Although Marshall recognized law's limitations, he felt more comfortable using litigation as a tool for social change. His experiences as a legal advocate for racial equality influenced his thinking as a judge. Marshall joined the United States Supreme Court in 1967, as dramatic advancement of black civil rights through litigation waned. Other social movements, notably the women's rights movement, took its place. The …
Don't Be So Quick To Ban Violent Videogames, Alan E. Garfield
Don't Be So Quick To Ban Violent Videogames, Alan E. Garfield
Alan E Garfield
No abstract provided.
Copyright And The First Amendment: Comrades, Combatants Or Uneasy Allies?, Joseph P. Bauer
Copyright And The First Amendment: Comrades, Combatants Or Uneasy Allies?, Joseph P. Bauer
Joseph P. Bauer
The copyright regime and the First Amendment seek to promote the same goals. Both seek the creation and dissemination of more, better and more diverse literary, pictorial, musical and other works. But, they use significantly different means to achieve those goals. The copyright laws afford to the creator of a work the exclusive right to reproduce, distribute, transform and perform that work for a extended period of time. The First Amendment, on the other hand, proclaims that Congress “shall make no law ... abridging the freedom of speech or of the press,” thus at least nominally indicating that limitations on …
Senate Debate Served Us All Well, Erin Daly, Paul Regan
Senate Debate Served Us All Well, Erin Daly, Paul Regan
Paul L Regan
No abstract provided.
Senate Debate Served Us All Well, Erin Daly, Paul Regan
Senate Debate Served Us All Well, Erin Daly, Paul Regan
Erin Daly
No abstract provided.
Non-Compactness And Voter Exchange; Towards A Constitutional Cure For Gerrymandering, Shlomo Angel
Non-Compactness And Voter Exchange; Towards A Constitutional Cure For Gerrymandering, Shlomo Angel
Shlomo Angel
No abstract provided.
The Fiduciary Theory Of Governmental Legitimacy And The Natural Charter Of The Judiciary, Luke A. Wake
The Fiduciary Theory Of Governmental Legitimacy And The Natural Charter Of The Judiciary, Luke A. Wake
Luke A. Wake
In legal academia, there are various claims as to the proper role of the courts and the standard of review to be employed in evaluating claims of right. These competing judicial philosophies have been the subject of great debate in recent years. Yet underlying these debates is the question of rights and whether men are entitled, in justice, to assurances of personal autonomy, or whether the concept of rights is a mere legal fiction.
In a recent article in the Journal of Law and Philosophy, Evan Fox-Decent argues that individuals are entitled, at a minimum, to certain guarantees of bodily …
Hate Funeral Protests? Then Ignore Them, Alan E. Garfield
Hate Funeral Protests? Then Ignore Them, Alan E. Garfield
Alan E Garfield
No abstract provided.
Patriotism For Profit And Persuasion: The Trademark, Free Speech, And Governance Problems With Protection Of Governmental Marks In The United States, Malla Pollack
Malla Pollack
“Governmental marks” are words or phrases which involve the identity of a social group that is partly defined in terms of its citizenship in a government-institution. The power to name a social group (especially one from which exit is difficult) confers enormous power over the group’s members. Legally classifying such words as trademarks commodifies them, increasing the namer’s power: both by giving the word monetary value and by providing the mark-holder with the legal right to prevent others from manipulating the word’s meaning.
Destination marketing employing governmental marks has become ubiquitous. The municipal governments of both New York City and …
Rights Bring Responsibility: Clear Constitutional Protections May Be Only The Beginning Of The Discussion, Alan E. Garfield
Rights Bring Responsibility: Clear Constitutional Protections May Be Only The Beginning Of The Discussion, Alan E. Garfield
Alan E Garfield
No abstract provided.
Justice For All: Victim Lost In The Legal Shuffle, Dana Harrington Conner
Justice For All: Victim Lost In The Legal Shuffle, Dana Harrington Conner
Dana Harrington Conner
No abstract provided.
Inheriting Inequality: Wealth, Race, And The Laws Of Succession, Palma Joy Strand
Inheriting Inequality: Wealth, Race, And The Laws Of Succession, Palma Joy Strand
palma joy strand
The article begins by documenting deep inequality in the form of Black-White wealth disparities: While the overall wealth distribution in the United States is highly unequal from both historical and international perspectives, racial wealth disparities are particularly acute, with median Black net worth approximately a tenth of median White net worth (as compared to median Black income that is approximately two-thirds of median White income). Next, the article ties the perpetuation of this inequality to current inheritance law. It then confronts this inequality as a civil rights issue in terms of its social effects, its historical causes, and legal avenues …
Acontextual Judicial Review, Louis Michael Seidman
Acontextual Judicial Review, Louis Michael Seidman
Louis Michael Seidman
Is constitutional judicial review a necessary component of a just polity? A striking feature of the current debate is its tendency to proceed as if the question could be answered in the same way always and everywhere. Defenders of constitutional review argue that is a conceptually necessary feature of constitutionalism, the rule of law, and the effective protection of individual rights. Critics claim that it is necessarily inconsistent with progressive politics and democratic engagement. Largely missing from the debate is a fairly obvious point: Like any other institution, constitutional review must be evaluated within a particular temporal, cultural, and political …
Reverse Incorporation Of State Constitutional Law, Joseph Blocher
Reverse Incorporation Of State Constitutional Law, Joseph Blocher
Joseph Blocher
State supreme courts and the United States Supreme Court are the independent and final arbiters of their respective constitutions, and may therefore take different approaches to analogous state and federal constitutional issues. Such issues arise often, because the documents were modeled on each other and share many of the same guarantees. In answering them, state courts have, as a matter of practice, generally adopted federal constitutional doctrine as their own. Federal courts, by contrast, have largely ignored state constitutional law when interpreting the federal constitution. In McDonald v. Chicago, to take only the most recent example, the Court declined to …
Ricci V. Destefano And Disparate Treatment: How The Case Makes Title Vii And The Equal Protection Clause Unworkable, Allen R. Kamp
Ricci V. Destefano And Disparate Treatment: How The Case Makes Title Vii And The Equal Protection Clause Unworkable, Allen R. Kamp
Allen R. Kamp
Abstract
Although early commentators have focused on Ricci’s discussion of disparate impact, I see what Ricci is saying about disparate treatment as being more important.
One can see Ricci as the case in which the Court came down in favor of one of two competing interpretations of the Equal Protection Clause and Title VII. The anti-subordination principle “is most concerned with actions of a majority race to intentionally subjugate members of a minority race . . . it is when government serves to ‘perpetuate . . . the subordinate status of a specially disadvantaged group that the Fourteenth Amendment is …
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power
Garrett Power
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …
From Enemy Combatant To American Citizen: Protecting Our Constitution, Not Our Enemy, Annie Macaleer
From Enemy Combatant To American Citizen: Protecting Our Constitution, Not Our Enemy, Annie Macaleer
Annie Macaleer
This Article advocates maintaining the use of Combatant Status Review Tribunals and military commissions in the framework that the executive and legislative branches have already established during the Bush administration, despite the Obama administration’s recent policy to try detainees in federal court. Furthermore, this Article argues against the use of Article III criminal courts as an arena to prosecute unlawful enemy combatants.
Allshouse V. Pennsylvania, Brief Of The National Association Of Criminal Defense Lawyers, The Pennsylvania Association Of Criminal Defense Lawyers, The Public Defender Association Of Pennsylvania, And The Defender Association Of Philadelphia, As Amici Curiae On Behalf Of Petitioner, Jules Epstein
Jules Epstein
No abstract provided.
Stevens Applied Common Sense, Alan E. Garfield
Conservative College Club Should Be Open To Gays, Alan E. Garfield
Conservative College Club Should Be Open To Gays, Alan E. Garfield
Alan E Garfield
No abstract provided.
Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin
Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin
Craig Martin
There has been little study of the analytical framework employed by the Japanese courts in resolving constitutional claims under the right to be treated as an equal and not be discriminated against. In the Japanese literature the only comparative analysis done focuses on American equal protection jurisprudence. This article examines the development of the equality rights doctrine in the Japanese Supreme Court from the perspective of an increasingly universal “proportionality analysis” approach to rights enforcement, of which the Canadian equality rights jurisprudence is a good example, in contrast to the American approach. This comparative analysis, which begins with a review …
Meting Out Penalties Without Statutory Authority: The Mis-Enforcement Of The California Talent Agencies Act, Rick Siegel
Meting Out Penalties Without Statutory Authority: The Mis-Enforcement Of The California Talent Agencies Act, Rick Siegel
rick siegel
No abstract provided.
Our Unsettled Ninth Amendment: An Essay On Unenumerated Rights And The Impossibility Of Textualism, Louis Michael Seidman
Our Unsettled Ninth Amendment: An Essay On Unenumerated Rights And The Impossibility Of Textualism, Louis Michael Seidman
Louis Michael Seidman
The Ninth Amendment – our resident anarchic and sarcastic “constitutional jester” – mocks the effort of scholars and judges alike to tame and normalize constitutional law. It is not as if the stern disciplinarians haven’t tried. We now have two generations worth of painstaking, erudite, and occasionally brilliant scholarship that attempts to rein it in. Yet the amendment stubbornly resists control. It stands as a paradoxical, textual monument to the impossibility of textualism, an entrenched, settled instantiation of the inevitability of unsettlement. If it did not exist,
This essay has two parts. In Part I, I present a new and, …