Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Georgetown University Law Center (18)
- William & Mary Law School (18)
- Cornell University Law School (13)
- The Catholic University of America, Columbus School of Law (9)
- Florida International University College of Law (8)
-
- University of Colorado Law School (7)
- University of Georgia School of Law (7)
- University of Maryland Francis King Carey School of Law (6)
- University of Michigan Law School (6)
- University of Pennsylvania Carey Law School (6)
- Maurer School of Law: Indiana University (5)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (5)
- Vanderbilt University Law School (5)
- Brooklyn Law School (4)
- Cleveland State University (4)
- Columbia Law School (4)
- Touro University Jacob D. Fuchsberg Law Center (4)
- University of Kentucky (4)
- University of Pittsburgh School of Law (4)
- American University Washington College of Law (3)
- Chicago-Kent College of Law (3)
- Duke Law (3)
- Duquesne University (3)
- Florida State University College of Law (3)
- Notre Dame Law School (3)
- University at Buffalo School of Law (3)
- University of Baltimore Law (3)
- University of Cincinnati College of Law (3)
- Wayne State University (3)
- Boston University School of Law (2)
- Keyword
-
- Constitutional law (17)
- Constitution (15)
- Constitutional Law (12)
- Supreme Court (12)
- Terrorism (10)
-
- United States Supreme Court (10)
- First Amendment (8)
- Federalism (7)
- History (6)
- Democracy (5)
- International law (5)
- Religion (5)
- Sixth Amendment (5)
- Civil liberties (4)
- Courts (4)
- Discrimination (4)
- First amendment (4)
- Government (4)
- Judicial review (4)
- Law (4)
- Politics (4)
- United States (4)
- War (4)
- Witnesses (4)
- Armed conflict (3)
- Civil rights (3)
- Confrontation Clause (3)
- Copyright (3)
- Criminal justice (3)
- Due Process (3)
- Publication
-
- Faculty Publications (32)
- Faculty Scholarship (21)
- Georgetown Law Faculty Publications and Other Works (16)
- Scholarly Works (15)
- All Faculty Scholarship (12)
-
- Cornell Law Faculty Publications (12)
- Articles (9)
- Journal Articles (9)
- Scholarly Articles (9)
- Publications (8)
- Articles by Maurer Faculty (5)
- Vanderbilt Law School Faculty Publications (5)
- Articles in Law Reviews & Other Academic Journals (3)
- Faculty Articles and Other Publications (3)
- Law Faculty Articles and Essays (3)
- Law Faculty Publications (3)
- Law Faculty Research Publications (3)
- Law Faculty Scholarly Articles (3)
- Ledewitz Papers (3)
- Scholarly Publications (3)
- Faculty Publications & Other Works (2)
- Law Faculty Scholarship (2)
- Reviews (2)
- Akron Law Faculty Publications (1)
- All Faculty Publications (1)
- Amicus Briefs (1)
- Articles & Chapters (1)
- Commissioned Reports, Studies and Public Policy Documents (1)
- Cornell Law Faculty Working Papers (1)
- Elisabeth Haub School of Law Faculty Publications (1)
Articles 181 - 204 of 204
Full-Text Articles in Law
Comment On Professor Carrington's Article "The Independence And Democratic Accountability Of The Supreme Court Of Ohio", Roy A. Schotland
Comment On Professor Carrington's Article "The Independence And Democratic Accountability Of The Supreme Court Of Ohio", Roy A. Schotland
Georgetown Law Faculty Publications and Other Works
In my view, whether or not Article III is written as members of a new constitutional convention might write it, there is nothing more fundamental to the way our entire judicial system operates (including in many ways, although indirectly, our state courts) than federal judges being as independent as law can make them. Perhaps I suffer from Burkean skepticism about reform of long-standing institutions, or perhaps I am merely a supporter of the status quo. But I believe that, despite obvious drawbacks in giving anyone life tenure in any job, we gain far more than we lose by making federal …
Realspace Sovereigns In Cyberspace: Problems With The Anticybersquatting Consumer Protection Act, Catherine T. Struve, R. Polk Wagner
Realspace Sovereigns In Cyberspace: Problems With The Anticybersquatting Consumer Protection Act, Catherine T. Struve, R. Polk Wagner
All Faculty Scholarship
No abstract provided.
Deciding When Hate Is A Crime: The First Amendment, Police Detectives, And The Identification Of Hate Crime, Jeannine Bell
Deciding When Hate Is A Crime: The First Amendment, Police Detectives, And The Identification Of Hate Crime, Jeannine Bell
Articles by Maurer Faculty
This Article adds to the debate a story of how hate crime law is enforced, based on the experiences of the police detectives who are required to enforce hate crime law. Part I of this Article provides a brief description of hate crime laws and argues that the police play an important role in the determination of how hate crime law is enforced and ultimately, whether defendants’ First Amendment rights will be respected. Part II describes critics’ concerns about defendants’ First Amendment rights and the narrow constitutional line that enforcers of hate crime law must walk between enforcing hate crime …
The Story Of A Forgotten Battle, Nathan B. Oman
The Story Of A Forgotten Battle, Nathan B. Oman
Faculty Publications
No abstract provided.
Constitutional Issues In Information Privacy, Fred H. Cate, Robert E. Litan
Constitutional Issues In Information Privacy, Fred H. Cate, Robert E. Litan
Articles by Maurer Faculty
The U.S. Constitution has been largely ignored in the recent flurry of privacy laws and regulations designed to protect personal information from incursion by the private sector, despite the fact that many of these enactments and efforts to enforce them significantly implicate the First Amendment. Questions about the role of the Constitution have assumed new importance in the aftermath of the September 11 terrorist attacks on the World Trade Center and the Pentagon. Efforts to identify and bring to justice the perpetrators and to protect against future terrorist attacks, while threatening to weaken constitutional protections against government intrusions into personal …
Enemy Aliens, David Cole
Enemy Aliens, David Cole
Georgetown Law Faculty Publications and Other Works
In the wake of September 11, many have argued that the new sense of vulnerability that we all feel calls for a recalibration of the balance between liberty and security. In fact, however, much of what our government has done in the war on terrorism has not asked American citizens to make the difficult choice of deciding which of their liberties they are willing to sacrifice for increased security. Instead, the government has taken the politically easier route of selectively sacrificing the rights of aliens, and especially Arab and Muslim aliens, in the name of furthering national security. This is …
Baker's Promise, Equal Protection, And The Modern Redistricting Revolution: A Plea For Rationality, Luis Fuentes-Rohwer
Baker's Promise, Equal Protection, And The Modern Redistricting Revolution: A Plea For Rationality, Luis Fuentes-Rohwer
Articles by Maurer Faculty
The conventional wisdom contends that Baker v. Carr did not set down a standard for lower courts to follow. This Article responds to this position. It reaches three conclusions. First, it argues the implicit promise of Baker v. Carr pointed toward a loose, flexible rationality standard for deciding redistricting controversies. Under this approach, states were given much room to enact redistricting plans in accordance to their states' particular needs. Second, the lower courts applied precisely this standard in litigation in the wake of Baker, and did so quite capably. This conclusion responds to those who exhort the imposition of a …
A Balanced Diet Of First Amendment Cases, Joel Gora
A Balanced Diet Of First Amendment Cases, Joel Gora
Faculty Scholarship
No abstract provided.
Enda Before It Starts: Section 5 Of The Fourteenth Amendment And The Availability Of Damages Awards To Gay State Employees Under The Proposed Employment Non-Discrimination Act, William D. Araiza
Faculty Scholarship
No abstract provided.
Child Witness Policy: Law Interfacing With Social Science, Louise E. Graham, Dorothy F. Marsil, Jean Montoya, David Ross
Child Witness Policy: Law Interfacing With Social Science, Louise E. Graham, Dorothy F. Marsil, Jean Montoya, David Ross
Law Faculty Scholarly Articles
The number of children testifying in court has posed serious practical and legal problems for the judicial system. One problem confronting the courts is how to protect children from experiencing the psychological trauma resulting from a face-to-face confrontation with a defendant who may have physically harmed the child or threatened future harm to the child. Another concern is that this trauma may impair children's memory performance and their willingness to disclose the truth. In response to these concerns, child witness innovations proliferated throughout the United States in the 1980s and 1990s. Among the innovations were: placing a screen between child …
Charities And The Constitution: Evaluating The Role Of Constitutional Principles In Determining The Scope Of Tax Law's Public Policy Limitation For Charities, David A. Brennen
Charities And The Constitution: Evaluating The Role Of Constitutional Principles In Determining The Scope Of Tax Law's Public Policy Limitation For Charities, David A. Brennen
Law Faculty Scholarly Articles
This Article expands the discussion of whether tax-exempt charities, for constitutional law purposes, should be treated as government actors, as private actors or as something in between. While government actors are subject to constitutional law restrictions concerning discrimination and free speech, private non-government actors are not generally subject to these same restrictions. Although tax-exempt charities are often thought of as sovereigns and, thus, government-like, the fact remains that charities are private entities created to serve public purposes. As private entities, charities - like all other private entities - are not necessarily bound by constitutional law principles. Still, the many “public” …
Dial-In Testimony, Richard D. Friedman, Bridget Mary Mccormack
Dial-In Testimony, Richard D. Friedman, Bridget Mary Mccormack
Articles
For several hundred years, one of the great glories of the common law system of criminal justice has been the requirement that prosecution witnesses give their testimony in the presence of the accused" face to face," in the time-honored phrase-under oath, subject to cross-examination, and, unless unfeasible, in open court. In the United States, this principle is enshrined in the Confrontation Clause of the Sixth Amendment, which provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him." But now a new way is developing for witnesses for the prosecution …
Incentives To Create Under A "Lifetime-Plus-Years" Copyright Duration: Lessons From A Behavioral Economic Analysis For Eldred V. Ashcroft, Avishalom Tor, Dotan Oliar
Incentives To Create Under A "Lifetime-Plus-Years" Copyright Duration: Lessons From A Behavioral Economic Analysis For Eldred V. Ashcroft, Avishalom Tor, Dotan Oliar
Journal Articles
In this Article, we highlight for the first time some of the significant but hitherto unrecognized behavioral effects of copyright law on individuals' incentives to create and then examine the implications of our findings for the constitutional analysis of Eldred v. Ashcroft. We show that behavioral biases - namely, individuals' optimistic bias regarding their future longevity and their sub-additive judgments in circumstances resembling the extant rule of copyright duration - explain the otherwise puzzling lifetime-plus-years basis for copyright protection given to individual authors, and reveal how this regime provides superior incentives to create. Thus, insofar as the provision of increased …
The Rehnquist Court And Criminal Procedure, Stephen F. Smith
The Rehnquist Court And Criminal Procedure, Stephen F. Smith
Journal Articles
Much of recent discussions of conservative judicial activism has concerned the revival of federalism-based limits on Congress during the Rehnquist Court. The allure of federalism as a topic for discussion is understandable, yet I argue that constitutional criminal procedure provides a better context within which to test the Rehnquist Court's commitment to judicial restraint. In this Essay, I examine the topic at hand against the background of the many important developments that have taken place in criminal procedure on Rehnquist's watch. The results of this examination are surprising because they suggest that activism is not necessarily the antithesis of restraint. …
Is The Rehnquist Court An "Activist" Court? The Commerce Cause Cases, Randy E. Barnett
Is The Rehnquist Court An "Activist" Court? The Commerce Cause Cases, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In United States v. Lopez, the Supreme Court, for the first time in sixty years, declared an act of Congress unconstitutional because Congress had exceeded its powers under the Commerce Clause. In 2000, the Court reaffirmed the stance it took in Lopez in the case of United States v. Morrison, once again finding that Congress had exceeded its powers. Are these examples of something properly called "judicial activism"? To answer this question, we must clarify the meaning of the term "judicial activism." With this meaning in hand, the author examines the Court's Commerce Clause cases. The answer he …
Treaties And The Eleventh Amendment, Carlos Manuel Vázquez
Treaties And The Eleventh Amendment, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
The Supreme Court's recent invigoration of federalism doctrine has revived a question that had long lain dormant in constitutional law: whether and to what extent federalism limits apply to exercises of the Treaty Power. In the days before the famous switch in time that saved nine, the Court in Missouri v. Holland upheld a statute passed by Congress to implement a treaty even though it assumed that the statute would exceed Congress's legislative power under Article I in the absence of the treaty. The significance of this holding abated considerably when the Court embraced a broader interpretation of the Commerce …
Congress's Power To Promote The Progress Of Science: Eldred V. Ashcroft, Lawrence B. Solum
Congress's Power To Promote The Progress Of Science: Eldred V. Ashcroft, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
This essay investigates the issues raised by Eldred v. Ashcroft, in which the Supreme Court may decide whether the Copyright Term Extension Act (CTEA) exceeds Congress's authority under that clause. The essay frames the issues in Eldred v. Ashcroft by discussing the history of copyright legislation in general and the CTEA in particular and then summarizing the procedural history of Eldred v. Ashcroft. The essay then undertakes a detailed investigation of the text of the Intellectual Property Clause, with a special emphasis on the interpretation of the clause by the first Congress and early judicial decisions. Three elements …
America’S Death Penalty: Just Another Form Of Violence, John Bessler
America’S Death Penalty: Just Another Form Of Violence, John Bessler
All Faculty Scholarship
The author in this piece reflects on the death penalty in the U.S. in the aftermath of the 9/11 terrorist attacks. The writer goes on to argue that capital punishment is, in and of itself, a form of violence. Also discussed in the article are the gradual removal of executions from public view, issues of deterrence and violent crime, and the author's preference for life-without-possibility-of-parole sentences.
Mathematics And The Legal Imagination: A Response To Paul Edelman, Michael I. Meyerson
Mathematics And The Legal Imagination: A Response To Paul Edelman, Michael I. Meyerson
All Faculty Scholarship
This article, a response to a review by Prof. Paul Edelman of Prof. Meyerson's book "Political Numeracy: Mathematical Perspectives on Our Chaotic Constitution," explains how the study of mathematics can spur creative legal thinking.
Pick A Number, Any Number: State Representation In Congress After The 2000 Census, Suzanna Sherry, Paul H. Edelman
Pick A Number, Any Number: State Representation In Congress After The 2000 Census, Suzanna Sherry, Paul H. Edelman
Vanderbilt Law School Faculty Publications
In this essay, Professors Edelman and Sherry explain the mathematics behind the allocation of congressional seats to each state, and survey the different methods of allocation that Congress has used over the years. Using 2000 census figures, they calculate each state's allocation under five different methods, and discuss the advantages and disadvantages of the various methods.
The Mote In Thy Brother’S Eye: A Review Of Human Rights As Politics And Idolatry, William M. Carter Jr.
The Mote In Thy Brother’S Eye: A Review Of Human Rights As Politics And Idolatry, William M. Carter Jr.
Articles
Michael Ignatieffs provocatively titled collection of essays, Human Rights As Politics and Idolatry [hereinafter Human Rights], is a careful examination of the theoretical underpinnings and contradictions in the area of human rights. At bottom, both of his primary essays, Human Rights As Politics and Human Rights As Idolatry, make a claim that is perhaps contrary to the instincts of human rights thinkers and activists: namely, that international human rights can best be philosophically justified and effectively applied to the extent that they strive for minimal ism. Human rights activists generally argue for the opposite conclusion: that international human rights be …
Tradition, Principle And Self-Sovereignty: Competing Conceptions Of Liberty In The United States Constitution, Robin West
Georgetown Law Faculty Publications and Other Works
The “liberty” protected by the United States Constitution has been variously interpreted as the “liberty” of thinking persons to speak, worship and associate with others, unimpeded by onerous state law; the liberty of consumers and producers to make individual market choices, including the choice to sell one’s labour at any price one sees fit, free of redistributive or paternalistic legislation that might restrict it; and the liberty of all of us in the domestic sphere to make choices regarding reproductive and family life, free of state law that might restrict it on grounds relating to public morals. Although the United …
A Subversive Strand Of The Warren Court, Gary Peller
A Subversive Strand Of The Warren Court, Gary Peller
Georgetown Law Faculty Publications and Other Works
The choice between "de jure" and "de facto" standards of review arises whenever a legal standard is needed to identify violations of specific constitutional rights or norms in particular cases. The issue is methodological in the sense that the question is faced regardless of the particular right or norm at issue (although it is not really true that the choice between these methodologies would have no influence on the choice of rights or norms to apply). A de Jure approach limits the imposition of constitutional norms to cases in which the state has affirmatively acted to help create a particular …
Federalism, Law Enforcement, And The Supremacy Clause: The Strange Case Of Ruby Ridge, Seth P. Waxman
Federalism, Law Enforcement, And The Supremacy Clause: The Strange Case Of Ruby Ridge, Seth P. Waxman
Georgetown Law Faculty Publications and Other Works
There is no "federalism clause" in the Constitution, and the case law ranges over a number of different provisions - the Commerce and General Welfare Clauses, and the Eleventh and Fourteenth Amendments, for example. But the two provisions that most directly implicate the doctrine are the Supremacy Clause and the Tenth Amendment. The former states that "[t]his Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land ....”, The latter provides that "[t]he powers not delegated to the United States by the Constitution, nor prohibited by …