Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
-
- Duke Law (5)
- Georgia State University College of Law (5)
- Cornell University Law School (2)
- Fordham Law School (2)
- Osgoode Hall Law School of York University (2)
-
- Seattle University School of Law (2)
- Vanderbilt University Law School (2)
- Campbell University School of Law (1)
- Case Western Reserve University School of Law (1)
- Maurice A. Deane School of Law at Hofstra University (1)
- Notre Dame Law School (1)
- Schulich School of Law, Dalhousie University (1)
- University of Michigan Law School (1)
- University of Oklahoma College of Law (1)
- Villanova University Charles Widger School of Law (1)
- Washington and Lee University School of Law (1)
- Publication
-
- Georgia State University Law Review (5)
- Alaska Law Review (2)
- Cornell Law Review (2)
- Fordham Law Review (2)
- Law and Contemporary Problems (2)
-
- Osgoode Hall Law Journal (2)
- Seattle University Law Review (2)
- Vanderbilt Journal of Transnational Law (2)
- Campbell Law Review (1)
- Case Western Reserve Law Review (1)
- Dalhousie Law Journal (1)
- Duke Law Journal (1)
- Hofstra Law Review (1)
- Law Quadrangle (formerly Law Quad Notes) (1)
- Notre Dame Law Review (1)
- Oklahoma Law Review (1)
- Villanova Law Review (1)
- Washington and Lee Law Review (1)
Articles 1 - 29 of 29
Full-Text Articles in Law
Alaska Equal Protection: Constitutional Law Or Common Law?, Paul E. Mcgreal
Alaska Equal Protection: Constitutional Law Or Common Law?, Paul E. Mcgreal
Alaska Law Review
No abstract provided.
Canon, Anti-Canon, And Judicial Dissent, Richard Primus
Canon, Anti-Canon, And Judicial Dissent, Richard Primus
Duke Law Journal
No abstract provided.
Religious Hybrids In The Lower Courts: Free Exercise Plus Or Constitutional Smoke Screen, William L. Esser Iv
Religious Hybrids In The Lower Courts: Free Exercise Plus Or Constitutional Smoke Screen, William L. Esser Iv
Notre Dame Law Review
No abstract provided.
Eighth Amendment Meanings From The Aba’S Moratorium Resolution, Louis D. Bilionis
Eighth Amendment Meanings From The Aba’S Moratorium Resolution, Louis D. Bilionis
Law and Contemporary Problems
Bilionis argues that the American Bar Association's moratorium resolution on capital punishment doesn't challenge the capacity of the Eighth Amendment.
Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester
Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester
Law and Contemporary Problems
Priester argues that the Constitution does restrict the power of the legislature by requiring that certain facts be proved as elements of the offense. He notes the Supreme Court's missed opportunity in "Jones v. United States" to adopt the test proposed by Justice Scalia.
The Supreme Court As An Enforcement Agency, Harold J. Krent
The Supreme Court As An Enforcement Agency, Harold J. Krent
Washington and Lee Law Review
No abstract provided.
Post-Mccleskey Racial Discrimination Claims In Capital Cases , John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson
Post-Mccleskey Racial Discrimination Claims In Capital Cases , John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson
Cornell Law Review
No abstract provided.
Another Case Of Freedom Vs. Safety: Stretching The First Amendment To Protect The Publication Of Murder Manuals-Bradenburg Need Not Apply?, Robert J. Coursey Iii
Another Case Of Freedom Vs. Safety: Stretching The First Amendment To Protect The Publication Of Murder Manuals-Bradenburg Need Not Apply?, Robert J. Coursey Iii
Georgia State University Law Review
No abstract provided.
Can Judicial Independence Be Attained In The South? Overcoming History, Elections, And Misperceptions About The Role Of The Judiciary, Stephen B. Bright
Can Judicial Independence Be Attained In The South? Overcoming History, Elections, And Misperceptions About The Role Of The Judiciary, Stephen B. Bright
Georgia State University Law Review
No abstract provided.
Judicial Independence: Playing Politics With The Constitution, Suzanna Sherry
Judicial Independence: Playing Politics With The Constitution, Suzanna Sherry
Georgia State University Law Review
No abstract provided.
Alaska Supreme Court, Alaska Court Of Appeals, U.S. District Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska Year In Review, Gregory M. Bair, Mercedes J. Caravello, Michael J. Chiavalloti, Emily J. Grogan
Alaska Supreme Court, Alaska Court Of Appeals, U.S. District Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska Year In Review, Gregory M. Bair, Mercedes J. Caravello, Michael J. Chiavalloti, Emily J. Grogan
Alaska Law Review
No abstract provided.
Researching Georgia Law (1998 Edition), Nancy P. Johnson, Nancy Adams Deel
Researching Georgia Law (1998 Edition), Nancy P. Johnson, Nancy Adams Deel
Georgia State University Law Review
No abstract provided.
Antidiscrimination And Affirmative Action Policies: Economic Efficiency And The Constitution, Edward M. Iacobucci
Antidiscrimination And Affirmative Action Policies: Economic Efficiency And The Constitution, Edward M. Iacobucci
Osgoode Hall Law Journal
This article assesses the economic efficiency of race-based antidiscrimination and affirmative action policies with a view to assessing relevant Canadian and American constitutional law. The article reviews economic arguments about why antidiscrimination laws may be efficient in addressing externalities, in hastening the exit of bigoted employers from the market, and in preventing the potentially inefficient use of race as a proxy for information; affirmative action may be efficient in accounting for differential signaling costs across race. The article concludes that economic analysis supports the approach in section 15 of the Charter which generally bans discriminatory government action, but recognizes that …
Salvaging The Welfare State?: The Prospects For Judicial Review Of The Canada Health & Social Transfer, Lorne Sossin
Salvaging The Welfare State?: The Prospects For Judicial Review Of The Canada Health & Social Transfer, Lorne Sossin
Dalhousie Law Journal
The Canadian Health and Social Transfer ("CHST"), which came into force on April 1, 1996, contains no national standards relating to the quality of social welfare. The goal of this new transfer was to promote provincial flexibility in the sphere of social policy. The author argues that this flexibility may undermine the core of the Canadian welfare state. Given the preoccupation of the provincial and federal governments with devolution, welfare recipients must turn to the judiciary to determine the "bottom line" of the welfare state. The author explores the various constitutional and administrative law grounds on which the federal government's …
Right Not To Be John Garvey , Alan E. Brownstein
Right Not To Be John Garvey , Alan E. Brownstein
Cornell Law Review
No abstract provided.
O'Hare Truck Service, Inc. V. City Of Northlake: Further Limiting The Spoils Of The Victor, Jaimie Johnson
O'Hare Truck Service, Inc. V. City Of Northlake: Further Limiting The Spoils Of The Victor, Jaimie Johnson
Georgia State University Law Review
No abstract provided.
The Right To Participate, Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes
The Right To Participate, Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes
Law Quadrangle (formerly Law Quad Notes)
The following essay is excerpted and adapted from The Law of Democracy: Legal Structure of the Political Process, © The Foundation Press, Inc., Westbury, NY (1998). Publication is by permission.
Constitutions are often viewed today as constraints on majoritarian power in the service of minority interests. But constitutional ground rules also create the possibility of ongoing democratic self-government; constitutions establish relatively stable and non-negotiable precommitments that enable generally accepted structures of political competition to emerge and endure.
Despite the centrality of this role for the American Constitution , however, there is paradoxically little that the text or its history offers …
The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard
The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard
Campbell Law Review
The purpose of this article is to examine the constitutionality of anti-gang legislation within the context of the First Amendment. Specifically, the doctrines of vagueness and overbreadth and the related issue of freedom of association will be examined with respect to statutory provisions which criminalize gang participation.
How Much Freedom For Racist Speech?: Transnational Aspects Of A Conflict Of Human Rights, Friedrich Kübler
How Much Freedom For Racist Speech?: Transnational Aspects Of A Conflict Of Human Rights, Friedrich Kübler
Hofstra Law Review
No abstract provided.
Mandating English Proficiency For College Instructors: States' Responses To "The Ta Problem", Kenneth King
Mandating English Proficiency For College Instructors: States' Responses To "The Ta Problem", Kenneth King
Vanderbilt Journal of Transnational Law
This Note examines the background, provisions, effects, and constitutionality of state legislation mandating English proficiency assessment for college instructors. Such legislation responds to complaints about the comprehensibility of international instructors--particularly teaching assistants--at U.S. colleges and universities. U.S. universities employ large numbers of international instructors in scientific, technical, and business fields. Such employment is only one aspect of a broader U.S. importation of scientific and technical talent. This Note first considers the background and legitimacy of complaints about international instructors, and then examines the background and details of specific state provisions. It discusses the statutes' effects and particular concerns they raise, …
The Federal System As Bill Of Rights: Original Understandings, Modern Misreadings, Thomas B. Mcaffee
The Federal System As Bill Of Rights: Original Understandings, Modern Misreadings, Thomas B. Mcaffee
Villanova Law Review
No abstract provided.
Logic And Legitimacy: The Uses Of Constitutional Argument, Brian Winters
Logic And Legitimacy: The Uses Of Constitutional Argument, Brian Winters
Case Western Reserve Law Review
No abstract provided.
Constitutional Conflicts: The Perils And Rewards Of Pioneering In The Law School Classroom, Derrick Bell
Constitutional Conflicts: The Perils And Rewards Of Pioneering In The Law School Classroom, Derrick Bell
Seattle University Law Review
The challenge in teaching Constitutional Law is to teach the doctrine while puncturing the myths. It is not an easy task. Americans treat the Constitution as a hallowed document created by men so divinely inspired that the document they produced in 1787 has been amended less than three dozen times. They might add that because of a number of factors, including those amendments, there are now only about 300 operative words in the Constitution, and that most litigation has centered about the meaning of a dozen or so terms: "due process," "cruel and unusual punishment," "commerce," "free exercise," "commander- in-chief," …
Private Religious Choice In German And American Constitutional Law: Government Funding And Government Religious Speech, Ingrid B. Wuerth
Private Religious Choice In German And American Constitutional Law: Government Funding And Government Religious Speech, Ingrid B. Wuerth
Vanderbilt Journal of Transnational Law
We will never face Germany's specific problems of religion and government, arising as they do from its particular history. The sharply contested religion cases from Germany in the late 1990s do, however, point to problems with our growing reliance on private religious choice analysis that demand our attention in both government funding and speech cases. To understand the problems of funding religious groups in neutral programs, we must back up and ask the foundational question: what goals may the government pursue with its funding? The broader those goals are defined, the greater the potential distortion of private religious choice, through …
Constitutional Law: Racial And Political Gerrymandering--Different Problems Require Different Solutions, Robert Redwine
Constitutional Law: Racial And Political Gerrymandering--Different Problems Require Different Solutions, Robert Redwine
Oklahoma Law Review
No abstract provided.
A Bill Of Rights For The United Kingdom: From London To Strasbourg By The Northwest Passage?, Stephen Sedley
A Bill Of Rights For The United Kingdom: From London To Strasbourg By The Northwest Passage?, Stephen Sedley
Osgoode Hall Law Journal
In anticipation of the United Kingdom's patriation of the European Convention on Human Rights, the author explores the possible impact that a Bill of Rights will have on the U.K. system of justice from a European and U.K. perspective. The author argues that, from a European perspective, the U.K. has an established history of yielding to supra-national law given its membership in the European Union. However, from a U.K. perspective, this will present new challenges, as the constitutionality of domestic legislation is subject to increased judicial scrutiny in ensuring conformance with European Convention obligations. The author argues that the pressures …
The Pedagogical Considerations Of Using A Constitutional Law Textbook In Political Science, Christopher P. Banks
The Pedagogical Considerations Of Using A Constitutional Law Textbook In Political Science, Christopher P. Banks
Seattle University Law Review
This Review first describes the importance of each consideration by analyzing how a two-volume constitutional law casebook, written by Professor David M. O'Brien of the Woodrow Wilson Department of Government and Foreign Affairs at the University of Virginia, can be admirably employed to teach the principle that constitutional law is, in fact, politics. Overall, the volumes are excellent undergraduate political science constitutional law texts. However, the casebook volumes have two flaws. First, they do not address the vital question of "what is political science?," a query that ought to be routinely asked by anyone teaching public law courses. Second, they …
The Vestigial Constitution: The History And Significance Of The Right To Petition., Gregory A. Mark
The Vestigial Constitution: The History And Significance Of The Right To Petition., Gregory A. Mark
Fordham Law Review
No abstract provided.
The Constitutionality Of Covenant Marriage Laws, Melissa Lawton
The Constitutionality Of Covenant Marriage Laws, Melissa Lawton
Fordham Law Review
No abstract provided.