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Constitutional Law

2010

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Articles 1 - 30 of 490

Full-Text Articles in Law

Glenn Beck Bad News For Religious Conservatism, Nathan B. Oman Dec 2010

Glenn Beck Bad News For Religious Conservatism, Nathan B. Oman

Popular Media

No abstract provided.


December 30, 2010: What Does “One Nation Under God” In The Pledge Of Allegiance Mean?, Bruce Ledewitz Dec 2010

December 30, 2010: What Does “One Nation Under God” In The Pledge Of Allegiance Mean?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Does “one Nation under God” in the Pledge of Allegiance Mean?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 28, 2010: Natural Goodness, Bruce Ledewitz Dec 2010

December 28, 2010: Natural Goodness, Bruce Ledewitz

Hallowed Secularism

Blog post, “Natural Goodness“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 24, 2010: Merry Christmas Season, Bruce Ledewitz Dec 2010

December 24, 2010: Merry Christmas Season, Bruce Ledewitz

Hallowed Secularism

Blog post, “Merry Christmas Season“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 23, 2010: The Repeal Of Don’T Ask Don’T Tell, Bruce Ledewitz Dec 2010

December 23, 2010: The Repeal Of Don’T Ask Don’T Tell, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Repeal of Don’t Ask Don’t Tell“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 19, 2010: Why Does The Government Celebrate Christmas?, Bruce Ledewitz Dec 2010

December 19, 2010: Why Does The Government Celebrate Christmas?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Does the Government Celebrate Christmas?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 14, 2010: A Fundamental Rights Decision Masquerading As A Commerce Decision, Bruce Ledewitz Dec 2010

December 14, 2010: A Fundamental Rights Decision Masquerading As A Commerce Decision, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Fundamental Rights Decision Masquerading as a Commerce Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 11, 2010: Hallowed Secularism And The Tea Party, Bruce Ledewitz Dec 2010

December 11, 2010: Hallowed Secularism And The Tea Party, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hallowed Secularism and the Tea Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Summary Of Berkson V. Lepome, 126 Nev. Adv. Op. No. 46, Cayla Witty Dec 2010

Summary Of Berkson V. Lepome, 126 Nev. Adv. Op. No. 46, Cayla Witty

Nevada Supreme Court Summaries

No abstract provided.


Michigan V. Bryant: Defining The “Testimonial Statement”, Hsien-Ying Shine Chen Dec 2010

Michigan V. Bryant: Defining The “Testimonial Statement”, Hsien-Ying Shine Chen

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Religion: How To Stay Out Of Court, Kenneth Akers, Sara Rotramel, Jorge Wellmann Dec 2010

Religion: How To Stay Out Of Court, Kenneth Akers, Sara Rotramel, Jorge Wellmann

Parameters of Law in Student Affairs and Higher Education (CNS 670)

In the First Amendment to the Constitution of the United States of America, it reads that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This single sentence, the Establishment Clause, is the backbone of religious freedom in the United States, and with its several annotations it has given shape and breadth to the concept of religion in America, more specifically our topic, i.e. …


December 8, 2010: Uphold Proposition 8, Bruce Ledewitz Dec 2010

December 8, 2010: Uphold Proposition 8, Bruce Ledewitz

Hallowed Secularism

Blog post, “Uphold Proposition 8“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 5, 2010: Seeking Common Ground: A Secular Statement, Bruce Ledewitz Dec 2010

December 5, 2010: Seeking Common Ground: A Secular Statement, Bruce Ledewitz

Hallowed Secularism

Blog post, “Seeking Common Ground: A Secular Statement“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Impeachment And Assassination, Josh Chafetz Dec 2010

Impeachment And Assassination, Josh Chafetz

Cornell Law Faculty Publications

In 1998, the conservative provocateur Ann Coulter made waves when she wrote that President Clinton should be either impeached or assassinated. Coulter was roundly - and rightly - condemned for suggesting that the murder of the President might be justified, but her conceptual linking of presidential impeachment and assassination was not entirely unfounded. Indeed, Benjamin Franklin had made the same linkage over two hundred years earlier, when he noted at the Constitutional Convention that, historically, the removal of “obnoxious” chief executives had been accomplished by assassination. Franklin suggested that a proceduralized mechanism for removal - impeachment - would be preferable. …


Presidential Succession: The Art Of The Possible, James E. Fleming Dec 2010

Presidential Succession: The Art Of The Possible, James E. Fleming

Faculty Scholarship

I am deeply honored that John D. Feerick invited me to come back to Fordham University School of Law and appear in this splendid conference. Yet I hasten to say that, when it comes to presidential succession, John Feerick and Joel K. Goldstein are tough acts to follow. Indeed, in an otherwise wonderfully organized conference, the line of succession here is flawed. I suppose I should declare myself unqualified to follow these experts on presidential succession! I shall bring the perspective of the constitutional theory generalist to bear on the questions framed for our panel.


Majoritarian Difficulty And Theories Of Constitutional Decision Making, Michael C. Dorf Dec 2010

Majoritarian Difficulty And Theories Of Constitutional Decision Making, Michael C. Dorf

Cornell Law Faculty Publications

Recent scholarship in political science and law challenges the view that judicial review in the United States poses what Alexander Bickel famously called the "counter-majoritarian difficulty." Although courts do regularly invalidate state and federal action on constitutional grounds, they rarely depart substantially from the median of public opinion. When they do so depart, if public opinion does not eventually come in line with the judicial view, constitutional amendment, changes in judicial personnel, and/or changes in judicial doctrine typically bring judicial understandings closer to public opinion. But if the modesty of courts dissolves Bickel's worry, it raises a distinct one: Are …


The Political Branches And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia Dec 2010

The Political Branches And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia

Journal Articles

In the late eighteenth and early nineteenth centuries, the U.S. Supreme Court went out of its way to follow background rules of the law of nations, particularly the law of state-state relations. As we have recently argued, the Court followed the law of nations because adherence to such law preserved the constitutional prerogatives of the political branches to conduct foreign relations and decide momentous questions of war and peace. Although we focused primarily on the extent to which the Constitution obligated courts to follow the law of nations in the early republic, the explanation we offered rested on an important, …


Re-Examining Customary International Law And The Federal Courts: An Introduction, Anthony J. Bellia Dec 2010

Re-Examining Customary International Law And The Federal Courts: An Introduction, Anthony J. Bellia

Journal Articles

Legal scholars have debated intensely the role of customary international law in the American federal system. The debate involves serious questions surrounding the United States's constitutional structure, foreign relations, and human rights. Despite an impressive body of scholarship, the debate has stood at an impasse in recent years, without either side garnering a consensus. This symposium–Re-examining Customary International Law and the Federal Courts–aspires to help advance the debate over the status of customary international law in the federal courts.

The symposium received thoughtful and constructive contributions from Professors Curtis A. Bradley, Bradford R. Clark, Andrew Kent, Carlos M. Vizquez, and …


Judges Playing Jury: Constitutional Conflicts In Deciding Fair Use On Summary Judgment, Ned Snow Dec 2010

Judges Playing Jury: Constitutional Conflicts In Deciding Fair Use On Summary Judgment, Ned Snow

Faculty Publications

Issues of fair use in copyright cases are usually decided at summary judgment. But it was not always so. For well over a century, juries routinely decided these issues. The law recognized that fair use issues were highly subjective and thereby inherently factual — unfit for summary disposition by a judge. Today, however, all this has been forgotten. Judges are characterizing factual issues as purely legal so that fair use may be decided at summary judgment. Even while judges acknowledge that reasonable minds may disagree on these issues, they characterize the issues as legal, preventing them from ever reaching a …


The Constitutional Right To Informational Privacy: Nasa V. Nelson, Russell T. Gorkin Nov 2010

The Constitutional Right To Informational Privacy: Nasa V. Nelson, Russell T. Gorkin

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


November 30,2010: There Is No G-O-D In America, Bruce Ledewitz Nov 2010

November 30,2010: There Is No G-O-D In America, Bruce Ledewitz

Hallowed Secularism

Blog post, “There is no G-o-d in America“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 25, 2010: Happy Thanksgiving, Bruce Ledewitz Nov 2010

November 25, 2010: Happy Thanksgiving, Bruce Ledewitz

Hallowed Secularism

Blog post, “Happy Thanksgiving“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 23, 2010: Religion, Art, Science And Philosophy Are Invitations, Bruce Ledewitz Nov 2010

November 23, 2010: Religion, Art, Science And Philosophy Are Invitations, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Religion, Art, Science and Philosophy Are Invitations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Rethinking The Order Of Battle In Constitutional Torts: A Reply To John Jeffries, Nancy Leong Nov 2010

Rethinking The Order Of Battle In Constitutional Torts: A Reply To John Jeffries, Nancy Leong

NULR Online

The Supreme Court’s decision in Pearson v. Callahan ended an eight-year experiment in the adjudication of qualified immunity claims. That experiment began with Saucier v. Katz, in which the Court held that lower courts mustdecide whether a government officer violated a plaintiff’s constitutional rights before addressing the question of whether the government officer was entitled to immunity. The Court’s rationale for requiring lower courts to first address the merits was the need to clarify constitutional law for the benefit of both government actors (who could then better conform their behavior to constitutional standards) and future plaintiffs (who could then …


November 20, 2010: The Task Of Secularism, Bruce Ledewitz Nov 2010

November 20, 2010: The Task Of Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Task of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 18, 2010: “Getting Honest”, Bruce Ledewitz Nov 2010

November 18, 2010: “Getting Honest”, Bruce Ledewitz

Hallowed Secularism

Blog post, ““Getting Honest” “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 16, 2010: How Is Reality God-Like?, Bruce Ledewitz Nov 2010

November 16, 2010: How Is Reality God-Like?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How is Reality God-Like?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 14, 2010: Global Warming, Bruce Ledewitz Nov 2010

November 14, 2010: Global Warming, Bruce Ledewitz

Hallowed Secularism

Blog post, “Global Warming“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 11, 2010: So, What About God?, Bruce Ledewitz Nov 2010

November 11, 2010: So, What About God?, Bruce Ledewitz

Hallowed Secularism

Blog post, “So, What About God?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 7, 2010: How To Fix The Establishment Clause, Bruce Ledewitz Nov 2010

November 7, 2010: How To Fix The Establishment Clause, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Fix the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.