Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (10)
- University of Michigan Law School (8)
- Touro University Jacob D. Fuchsberg Law Center (7)
- University of Georgia School of Law (7)
- Columbia Law School (6)
-
- Duquesne University (6)
- Georgetown University Law Center (5)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (5)
- Cornell University Law School (4)
- University of Maryland Francis King Carey School of Law (4)
- University of Pennsylvania Carey Law School (4)
- New York Law School (3)
- University of the Pacific (3)
- William & Mary Law School (3)
- Boston University School of Law (2)
- Cleveland State University (2)
- Fordham Law School (2)
- Maurer School of Law: Indiana University (2)
- The Catholic University of America, Columbus School of Law (2)
- The Peter A. Allard School of Law (2)
- University at Buffalo School of Law (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Florida Levin College of Law (2)
- University of Missouri-Kansas City School of Law (2)
- Washington and Lee University School of Law (2)
- American University Washington College of Law (1)
- Brooklyn Law School (1)
- California Western School of Law (1)
- Case Western Reserve University School of Law (1)
- Chicago-Kent College of Law (1)
- Keyword
-
- Constitutional law (13)
- United States Supreme Court (12)
- Constitutional Law (8)
- History (8)
- Law (8)
-
- Religion (8)
- Constitution (7)
- Government (7)
- United States (7)
- Democracy (6)
- Philosophy (6)
- Politics (6)
- Supreme Court (6)
- Theology (6)
- Congress (5)
- First Amendment (5)
- First amendment (4)
- Autonomy (3)
- Constitutional theory (3)
- Jurisprudence (3)
- Legal history (3)
- Right to privacy (3)
- Women (3)
- Adequacy theory (2)
- Admissibility (2)
- Affirmative action (2)
- Board of Education (2)
- Brown (2)
- Civil Rights (2)
- Civil War (2)
- Publication
-
- Faculty Scholarship (23)
- Scholarly Works (16)
- Publications (10)
- Articles (8)
- All Faculty Scholarship (6)
-
- Ledewitz Papers (6)
- Faculty Publications (5)
- Georgetown Law Faculty Publications and Other Works (5)
- Cornell Law Faculty Publications (4)
- Scholarly Articles (4)
- Articles & Chapters (3)
- Journal Articles (3)
- LLM Theses and Essays (3)
- McGeorge School of Law Scholarly Articles (3)
- All Faculty Publications (2)
- Articles by Maurer Faculty (2)
- Faculty Works (2)
- Law Faculty Articles and Essays (2)
- UF Law Faculty Publications (2)
- Articles & Book Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Book Chapters (1)
- Faculty Articles and Papers (1)
- Journal Publications (1)
- Law Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- Law Faculty Scholarship (1)
- Popular Media (1)
- Research Collection Yong Pung How School Of Law (1)
- Selected Speeches (1)
Articles 31 - 60 of 121
Full-Text Articles in Law
Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs
Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
The Federal Government And The Promise Of Brown, Brian K. Landsberg
The Federal Government And The Promise Of Brown, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
The U.S. Department of Justice has played an important role in the development and enforcement of school desegregation law, by participating in Brown and later cases. From the Truman administration to the present, the thrust of government policy has been to promote unity and vindicate the unmet promise of the equal protection clause. The ambiguity of the Supreme Court's decision in Brown has allowed considerable flexibility in defining and remedying discrimination. Whether Brown failed or succeeded depends on which possible meaning of Brown one accepts. The department now should protect the gains under Brown from retrogressive attacks and should oppose …
Political And Social Construction Of Families Through Pedagogy In Family Law Classrooms, Lundy Langston
Political And Social Construction Of Families Through Pedagogy In Family Law Classrooms, Lundy Langston
Journal Publications
Most family law materials available today fail to reflect the diversity' of family arrangements in modem society. Traditionally, family law is taught as a rules-based area of law. Students learn the requirements of marriage and the grounds for and consequences of divorce. Currently, there are efforts to expand the codification of family law through such things as support guidelines, uniform acts, and legislation listing specific factors to be considered in custody and property distribution cases. Many of these efforts stem from the underlying assumption that there is a uniform methodology describing and defining doctrine appropriate for resolution of family related …
Judicial Protection Of The Individual Against Administrative Actions In The United States And In Germany, Joerg Nikolaus Uhl
Judicial Protection Of The Individual Against Administrative Actions In The United States And In Germany, Joerg Nikolaus Uhl
LLM Theses and Essays
From the Preamble of the U.S. Constitution which begins “We the people…,” the focus of the American legal system is clear. The individual and personal freedom are the primary concern for protection under U.S. law. Conversely, the German legal system places its focus on the preservation of the democratic system. This difference and the weight the U.S. places on separation of powers, whereas the executive and legislative branches are closely related in Germany, have combined to produce many differences between the U.S. and German political and legal systems. This paper analyzes these differences, especially with regards to administrative agencies and …
Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro
Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro
LLM Theses and Essays
Traditionally, legal systems have been classified as either Common Law or Civil Law; scholars distinguish these systems based on their origins, as well their attitudes towards stare decisis. Common law considers precedent as a source of binding rules, while civil law does not. However, some scholars consider the methods for legal reasoning to be almost the same in every legal system. These scholars maintain that regardless of the source of law in a particular country, once a judge determines that the facts of one case are similar to those regulated by a certain rule, the judge will apply that particular …
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
LLM Theses and Essays
Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …
Federalism And Families, Anne Dailey
Federalism And Families, Anne Dailey
Faculty Articles and Papers
No abstract provided.
A Catalogue Of Judicial Federalism In The United States, Thomas E. Baker
A Catalogue Of Judicial Federalism In The United States, Thomas E. Baker
Faculty Publications
No abstract provided.
The American Tradition Of Language Rights: The Forgotten Right To Government In A Known Tongue, Jose R. "Beto" Juarez
The American Tradition Of Language Rights: The Forgotten Right To Government In A Known Tongue, Jose R. "Beto" Juarez
Faculty Scholarship
No abstract provided.
A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young
A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young
Faculty Scholarship
No abstract provided.
Standing Back From The Forest: Justiciability And Social Choice, Maxwell L. Stearns
Standing Back From The Forest: Justiciability And Social Choice, Maxwell L. Stearns
Faculty Scholarship
No abstract provided.
Comparing Implied And Express Constitutional Freedoms, David S. Bogen
Comparing Implied And Express Constitutional Freedoms, David S. Bogen
Faculty Scholarship
No abstract provided.
Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber
Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber
Faculty Scholarship
This Article explores whether contemporary advocates of restrictions on bigoted expression have more in common with contemporary advocates of broad First Amendment rights or with past censors. The critical theorists who would ban some hate speech rely heavily on the equal citizenship principles that radical civil libertarians believe justify almost absolute speech rights. The First Amendment, past and present censors argue, does not fully protect speech inconsistent with what they believe are basic constitutional values. This claim repudiates a basic principle of American constitutionalism, the faith that "self-evident" constitutional values will triumph in the constitutional marketplace of ideas. The ideological …
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
Publications
No abstract provided.
The Second Adoption Of The Establishment Clause: The Rise Of The Non-Establishment Principle, Kurt T. Lash
The Second Adoption Of The Establishment Clause: The Rise Of The Non-Establishment Principle, Kurt T. Lash
Law Faculty Publications
In the 70 years since Gitlow first incorporated the First Amendment protections of speech and press against the states, the Establishment Clause has been a boon to incorporation's enemies and an embarrassment to its friends. Scholars who make the historical case for general incorporation either ignore, or carefully distinguish, the case of the Establishment Clause. Anti-incorporationists, on the other hand, use the case against incorporation of the Establishment Clause as their cause celebre. In fact, so wonderfully ambiguous is the history surrounding this opening line of the Bill of Rights that originalists use it to attack incorporation, and nonoriginalists use …
Telling Stories About Constitutional Law, Lewis H. Larue
Telling Stories About Constitutional Law, Lewis H. Larue
Scholarly Articles
Not available.
The Only Good Poor Woman: Unconstitutional Conditions And Welfare, Dorothy E. Roberts
The Only Good Poor Woman: Unconstitutional Conditions And Welfare, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Consolidation, Coordination, Competition, And Coherence: In Search Of A Forward Looking Communications Policy, Mark D. Director, Michael Botein
Consolidation, Coordination, Competition, And Coherence: In Search Of A Forward Looking Communications Policy, Mark D. Director, Michael Botein
Articles & Chapters
No abstract provided.
The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin
The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin
Articles
No abstract provided.
International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli
International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli
Scholarly Works
No abstract provided.
Planned Constitution Never Got Written, But Israel Still Got Constitutional Law, Marcia R. Gelpe
Planned Constitution Never Got Written, But Israel Still Got Constitutional Law, Marcia R. Gelpe
Faculty Scholarship
Israel's development of constitutional law without a written constitution presents a fascinating picture of how a system, unable to develop a constitution in the usual manner, has developed one in another manner. It shows how innovative lawmaking can be - and sometimes must be - to maintain a democratic political system.
A Fond Farewell, Bruce Ledewitz
A Fond Farewell, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Perspectives On The Law Of The American Sit-In, Bruce Ledewitz
Perspectives On The Law Of The American Sit-In, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law, 1993-1994 Term), Eileen Kaufman
Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law, 1993-1994 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
Hate Speech On Campus And The First Amendment: Can They Be Reconciled?, Thomas A. Schweitzer
Hate Speech On Campus And The First Amendment: Can They Be Reconciled?, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw
The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw
Scholarly Works
No abstract provided.
The Commerce Clause Quartet, Martin A. Schwartz, Leon D. Lazer
The Commerce Clause Quartet, Martin A. Schwartz, Leon D. Lazer
Scholarly Works
No abstract provided.
Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle
Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle
Journal Articles
The Supreme Court has been creating clear statement rules faster than commentators can keep track of them. At their strongest, clear statement rules treat all statutes as maintaining the status quo unless Congress clearly states its contrary intention in the text of the statute. Because clear statement rules "foreclose inquiry into extrinsic guides of interpretation," they eliminate any need—or opportunity—to glean evidence from the structure, purpose, or history of a statute to inform a determination about congressional intent. But the Court has vacillated regarding precisely what Congress must do to satisfy clear statement rules. Sometimes broad general language suffices; sometimes …
Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle
Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle
Publications
No abstract provided.
Defining Excessiveness: Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States, Sarah N. Welling, Medrith Lee Hager
Defining Excessiveness: Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States, Sarah N. Welling, Medrith Lee Hager
Law Faculty Scholarly Articles
In 1971, agents of the federal government seized a $20,000 yaught after finding a small quantity of marijuana on board. Ten years later government agents confiscated a twenty-eight foot boat that held drugs consisting of one marijuana twig and two marijuana leaves. Since then, the government has taken possession of a $250,000 home because a drug transaction occurred in a car parked in the driveway and of a smaller dwelling because the owner used the telephone inside to set up a drug deal at another location. In another incident, local, county, state, and federal agents shot and killed the owner …