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Articles 1 - 22 of 22
Full-Text Articles in Law
The "New Judicial Federalism" Before Its Time: A Comprehensive Review Of Economic Substantive Due Process Under State Constitutional Law Since 1940 And The Reasons For Its Recent Decline, Anthony B. Sanders
American University Law Review
The coming of the New Deal may have spelled the end of the Lochner era in the federal courts, but in the state courts Lochner's doctrine of economic substantive due process lives on. Since the New Deal, courts in almost every state have rebuffed the United States Supreme Court and have interpreted their own state constitutions' due process clauses to provide substantive protections to economic liberties. This Article presents a comprehensive survey of state court use of economic substantive due process since the New Deal. It includes an enumeration of every instance since 1940 of a state court of highest …
Homegrown Child Pornography And The Commerce Clause: Where To Draw The Line On Interstate Production Of Child Pornography, Lauren Bianchini
Homegrown Child Pornography And The Commerce Clause: Where To Draw The Line On Interstate Production Of Child Pornography, Lauren Bianchini
American University Law Review
No abstract provided.
The Historical Amendability Of The American Constitution: Speculations On An Empirical Problematic, Darren R. Latham
The Historical Amendability Of The American Constitution: Speculations On An Empirical Problematic, Darren R. Latham
American University Law Review
No abstract provided.
Foreign Law And The U.S. Constitution, Kenneth Anderson
Foreign Law And The U.S. Constitution, Kenneth Anderson
Popular Media
The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional adjudication has emerged as a major debate among justices of the U.S. Supreme Court, with Justice Anthony Kennedy writing for a majority approving the practice in the March 2005 decision of Roper v. Simmons, and Justices Antonin Scalia and Stephen Breyer undertaking an unusual public discussion of the practice in January 2005 at American University law school. This article examines the arguments made by Justices Kennedy, Scalia, and Breyer for and against the practice, setting them in the broader context of constitutional theory. It …
Fair V. Rumsfeld, Michael J. Collins
Fair V. Rumsfeld, Michael J. Collins
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Return Of J. Edgar Hoover: The Fbi's Reversion To Political Intelligence Gathering , Zehra Naqvi
The Return Of J. Edgar Hoover: The Fbi's Reversion To Political Intelligence Gathering , Zehra Naqvi
The Modern American
No abstract provided.
Spotlight On Kevin Jennings: Executive Director And Co-Founder Of The Gay, Lesbian, And Straight Education Network (Glsen) , Lydia Edwards
Spotlight On Kevin Jennings: Executive Director And Co-Founder Of The Gay, Lesbian, And Straight Education Network (Glsen) , Lydia Edwards
The Modern American
No abstract provided.
A Direct Approach To Reparations: Municipal Efforts To Ensure Social Justice , Samuel Emiliano Brown
A Direct Approach To Reparations: Municipal Efforts To Ensure Social Justice , Samuel Emiliano Brown
The Modern American
No abstract provided.
Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison
Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison
The Modern American
No abstract provided.
Our Forgotten Colony: Puerto Rico And The War On Drugs, Leeann O'Neill, Jennifer Gumbrewicz
Our Forgotten Colony: Puerto Rico And The War On Drugs, Leeann O'Neill, Jennifer Gumbrewicz
The Modern American
No abstract provided.
Post Operative Transsexuals' Right To Marriage, Sarah Leinicke
Post Operative Transsexuals' Right To Marriage, Sarah Leinicke
The Modern American
No abstract provided.
The Nyse As State Actor?: Rational Actors, Behavioral Insights & Joint Investigations, Steven J. Cleveland
The Nyse As State Actor?: Rational Actors, Behavioral Insights & Joint Investigations, Steven J. Cleveland
American University Law Review
No abstract provided.
For Crying Out Loud: Ohio's Legal Battle With Public Breastfeeding And Hope For The Future, Brianne Whelan
For Crying Out Loud: Ohio's Legal Battle With Public Breastfeeding And Hope For The Future, Brianne Whelan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Gonzales V. United States Air Force: Should Courts Consider Rape To Be Incident To Military Service?, Elizabeth A. Reidy
Gonzales V. United States Air Force: Should Courts Consider Rape To Be Incident To Military Service?, Elizabeth A. Reidy
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Constitutional Right To Water In Uruguay, Rachael Moshman
The Constitutional Right To Water In Uruguay, Rachael Moshman
Sustainable Development Law & Policy
No abstract provided.
Obligations Of State And Non-State Actors Regarding The Human Right To Water Under The South African Constitution, Anna R. Welch
Obligations Of State And Non-State Actors Regarding The Human Right To Water Under The South African Constitution, Anna R. Welch
Sustainable Development Law & Policy
No abstract provided.
True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson
True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Symposium: Feminist Theory And The Erosion Of Women's Reproductive Rights: The Implications Of Fetal Personhood Laws And In Vitro Fertilization, Lisa Mclennan Brown
Symposium: Feminist Theory And The Erosion Of Women's Reproductive Rights: The Implications Of Fetal Personhood Laws And In Vitro Fertilization, Lisa Mclennan Brown
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Elk Grove Unified School District V. Newdow, Rachel Prouser
Elk Grove Unified School District V. Newdow, Rachel Prouser
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Web Surfing In Chilly Waters: How The Patriot Act's Amendments To The Pen Register Statute Burden Freedom Of Inquiry, James Mcclintick
Web Surfing In Chilly Waters: How The Patriot Act's Amendments To The Pen Register Statute Burden Freedom Of Inquiry, James Mcclintick
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Party Parity: A Defense Of The Democratic Party Equal Division Rule, Lisa Schnall
Party Parity: A Defense Of The Democratic Party Equal Division Rule, Lisa Schnall
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Contesting Conservatisms, Family Feuds And The Privatization Of Dependency, Brenda Crossman
Contesting Conservatisms, Family Feuds And The Privatization Of Dependency, Brenda Crossman
American University Journal of Gender, Social Policy & the Law
No abstract provided.