Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 73

Full-Text Articles in Law

United States Supreme Court Survey: 2018 Term: Iancu V. Brunetti: Free Speech Meets "Immoral And Scandalous" Trademarks In The Supreme Court, Niki Kuckes Jan 2020

United States Supreme Court Survey: 2018 Term: Iancu V. Brunetti: Free Speech Meets "Immoral And Scandalous" Trademarks In The Supreme Court, Niki Kuckes

Law Faculty Scholarship

No abstract provided.


The Role Of Deference In Adjudicating The Military Transgender Policy, Daca And The Census, Peter Margulies Mar 2019

The Role Of Deference In Adjudicating The Military Transgender Policy, Daca And The Census, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Hard, Simple Truth About Gun Control, Carl Bogus Jan 2019

The Hard, Simple Truth About Gun Control, Carl Bogus

Law Faculty Scholarship

No abstract provided.


The Travel Ban And Presidential Power, Peter Margulies Apr 2018

The Travel Ban And Presidential Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.


U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan Jan 2018

U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan

Law Faculty Scholarship

No abstract provided.


Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies Jan 2018

Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies

Law Faculty Scholarship

No abstract provided.


U.S. Supreme Court Surveys: 2016 Term. Matal V. Tam: Free Speech Meets "Disparaging" Trademarks In The Supreme Court, Niki Kuckes Jan 2018

U.S. Supreme Court Surveys: 2016 Term. Matal V. Tam: Free Speech Meets "Disparaging" Trademarks In The Supreme Court, Niki Kuckes

Law Faculty Scholarship

No abstract provided.


United States Supreme Court Surveys: 2016 Term. Still Standing After All These Years: Five Decades Of Litigation Under The Fair Housing Act And The Supreme Court Still Can't Say For Sure Who Is Protected, David A. Logan Jan 2018

United States Supreme Court Surveys: 2016 Term. Still Standing After All These Years: Five Decades Of Litigation Under The Fair Housing Act And The Supreme Court Still Can't Say For Sure Who Is Protected, David A. Logan

Law Faculty Scholarship

No abstract provided.


Treason And Terror: A Toxic Brew, B. Mitchell Simpson Iii Jan 2018

Treason And Terror: A Toxic Brew, B. Mitchell Simpson Iii

Law Faculty Scholarship

No abstract provided.


The Klan's Constitution, Jared Goldstein Jan 2018

The Klan's Constitution, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


Searching For Federal Judicial Power: Article Iii And The Foreign Intelligence Surveillance Court, Peter Margulies May 2017

Searching For Federal Judicial Power: Article Iii And The Foreign Intelligence Surveillance Court, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Franchise Tax Board Of California V. Hyatt: A Split Court, Full Faith And Credit, And Federal Common Law, Jonathan M. Gutoff Jan 2017

Franchise Tax Board Of California V. Hyatt: A Split Court, Full Faith And Credit, And Federal Common Law, Jonathan M. Gutoff

Law Faculty Scholarship

No abstract provided.


Directv, Inc. V. Imburgia And The Continued Ascendance Of Federal Common Law: Class-Action Waivers And Mandatory Arbitration Under The Federal Arbitration Act, Michael Yelnosky Jan 2017

Directv, Inc. V. Imburgia And The Continued Ascendance Of Federal Common Law: Class-Action Waivers And Mandatory Arbitration Under The Federal Arbitration Act, Michael Yelnosky

Law Faculty Scholarship

No abstract provided.


Reauthorizing The Fisa Amendments Act: A Blueprint For Enhancing Privacy Protections And Preserving Foreign Intelligence Capabilities, Peter Margulies Jan 2016

Reauthorizing The Fisa Amendments Act: A Blueprint For Enhancing Privacy Protections And Preserving Foreign Intelligence Capabilities, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Justice At War: Military Tribunals And Article Iii, Peter Margulies Nov 2015

Justice At War: Military Tribunals And Article Iii, Peter Margulies

Law Faculty Scholarship

No abstract provided.


United States V. Castleman: The Meaning Of Domestic Violence, Emily J. Sack Jan 2015

United States V. Castleman: The Meaning Of Domestic Violence, Emily J. Sack

Law Faculty Scholarship

No abstract provided.


Dynamic Surveillance: Evolving Procedures In Metadata And Foreign Content Collection After Snowden, Peter Margulies Dec 2014

Dynamic Surveillance: Evolving Procedures In Metadata And Foreign Content Collection After Snowden, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Al Bahlul And Article Iii: A Reply To Marty And Steve, Peter Margulies, Peter Margulies Jul 2014

Al Bahlul And Article Iii: A Reply To Marty And Steve, Peter Margulies, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The American Liberty League And The Rise Of Constitutional Nationalism, Jared Goldstein Jan 2014

The American Liberty League And The Rise Of Constitutional Nationalism, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


Jurisdiction And The Enforcement Of Foreign Judgments, Tanya Monestier Nov 2013

Jurisdiction And The Enforcement Of Foreign Judgments, Tanya Monestier

Law Faculty Scholarship

No abstract provided.


A Response To Steve Vladeck And Kevin Jon Heller, Peter Margulies Jul 2013

A Response To Steve Vladeck And Kevin Jon Heller, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Immigration Consequences To A Charge Of Simple Assault Or Battery, Deborah Gonzalez Feb 2013

Immigration Consequences To A Charge Of Simple Assault Or Battery, Deborah Gonzalez

Law Faculty Scholarship

No abstract provided.


Defining, Punishing, And Membership In The Community Of Nations: Material Support And Conspiracy Charges In Military Commissions, Peter Margulies Jan 2013

Defining, Punishing, And Membership In The Community Of Nations: Material Support And Conspiracy Charges In Military Commissions, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Can Popular Constitutionalism Survive The Tea Party Movement?, Jared Goldstein Jan 2011

Can Popular Constitutionalism Survive The Tea Party Movement?, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


The Tea Party Movement And The Perils Of Popular Originalism, Jared A. Goldstein Jan 2011

The Tea Party Movement And The Perils Of Popular Originalism, Jared A. Goldstein

Law Faculty Scholarship

The Tea Party movement presents something of a curiosity for constitutional theory because it combines originalist ideology and popular constitutionalist methods. Like minotaurs, werewolves, and other half-man, half-animal hybrids of myth and legend, the Tea Party's hybrid of originalism and popular constitutionalism serves to expose the limitations of both sources upon which it draws. Although originalists assert that interpreting the Constitution according to its original meaning would take politics out of constitutional law, the Tea Party movement shows that originalism also provides a powerful political rhetoric. Moreover, while popular constitutionalists assert that democracy would be advanced by empowering the ...


The Methodology Of Comparative Law, Edward J. Eberle Jan 2011

The Methodology Of Comparative Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


The Architecture Of First Amendment Free Speech, Edward J. Eberle Jan 2011

The Architecture Of First Amendment Free Speech, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies Jan 2011

Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies Nov 2010

Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies

Law Faculty Scholarship

Liability in national security matters hinges on curbing both official myopia and hindsight bias. The Framers knew that officials could be short-sighted, prioritizing expedience over abiding values. Judicial review emerged as an antidote to myopia of this kind. However, the Framers recognized that ubiquitous second-guessing of government decisions would also breed instability. Balancing these conflicting impulses has produced judicial oscillation between intervention and deference. Recent decisions on Bivens claims in the war on terror have defined extremes of deference or intervention. Cases like Ashcroft v. Iqbal and Arar v. Ashcroft display a categorical deference that rewards officials' myopia. On the ...


The Costs Of Abusing Probationary Sentences: Overincarceration And The Erosion Of Due Process, Andrew Horwitz Apr 2010

The Costs Of Abusing Probationary Sentences: Overincarceration And The Erosion Of Due Process, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.