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Articles 1 - 22 of 22
Full-Text Articles in Law
Public Interest Litigation And Role Of The Supreme Court In Ensuring Social Justice In Bangladesh, K. T. Alam, Abu Noman Mohammad Atahar Ali
Public Interest Litigation And Role Of The Supreme Court In Ensuring Social Justice In Bangladesh, K. T. Alam, Abu Noman Mohammad Atahar Ali
Abu Noman Mohammad Atahar Ali
No abstract provided.
Hate The Vile Campaign Ads? Blame The Supreme Court, Alan E. Garfield
Hate The Vile Campaign Ads? Blame The Supreme Court, Alan E. Garfield
Alan E Garfield
No abstract provided.
A More Perfect Union, Alan E. Garfield
Constitution, Kirk W. Junker
Constitution, Kirk W. Junker
Kirk W Junker
Las Paradojas De La Democracia Deliberativa / The Paradoxes Of Deliberative Democracy, Andres Palacios Lleras
Las Paradojas De La Democracia Deliberativa / The Paradoxes Of Deliberative Democracy, Andres Palacios Lleras
Andrés Palacios Lleras
Este artículo argumenta por qué la teoría de la democracia deliberativa es problemática y paradójica, y por lo tanto inadecuada para desarrollar las instituciones democráticas contemporáneas, o para reemplazarlas por otras. Es una teoría problemática porque parte de una postura epistemológica difícilmente sostenible. Es paradójica porque a pesar de ser presentada como incluyente a nivel social, la idea de deliberación que presenta y considera como deseable, es demasiado exigente como para ser realizada por toda clase de personas; y es de hecho, elitista en este aspecto. Pero también porque señala que las instancias que están mejor diseñadas para tomar decisiones …
Beyond Romer And Lawrence: The Right To Privacy Comes Out Of The Closet, Nancy C. Marcus
Beyond Romer And Lawrence: The Right To Privacy Comes Out Of The Closet, Nancy C. Marcus
Nancy C Marcus
This article examines significant developments in the Supreme Court's privacy rights jurisprudence through the Rehnquist era with a look ahead toward the future of privacy and liberty protections under a new Court. The article explores several problems faced by privacy rights proponents, ranging from opposition to unenumerated constitutional rights generally to more recent tradition-based challenges to privacy protections. Tracing the historic roots of privacy rights, the article reveals the original intent of the Constitution's drafters to establish an evolving constitution with inalienable unenumerated individual rights, including a right to privacy which encompasses an affirmative liberty interest in autonomy. The article …
The Freedom Of Intimate Association In The Twenty First Century, Nancy C. Marcus
The Freedom Of Intimate Association In The Twenty First Century, Nancy C. Marcus
Nancy C Marcus
This article contends that recent developments in the Supreme Court's jurisprudence have created a historic opportunity for the Court to revisit and clarify its freedom of intimate association doctrine. The article traces the history of the freedom of intimate association, explaining how the Supreme Court in Roberts v. United States Jaycees, the first decision explicitly articulating a right to intimate association, failed to describe the parameters and contours of that right with enough precision to sufficiently guide later decisions. The article describe the resulting split among the circuits in their efforts to implement Roberts' intimate association guidelines, with some circuits …
Relative Access To Corrective Speech: A New Test For Requiring Actual Malice, Aaron K. Perzanowski
Relative Access To Corrective Speech: A New Test For Requiring Actual Malice, Aaron K. Perzanowski
Aaron K. Perzanowski
This Article reexamines the First Amendment protections provided by the public figure doctrine. It suggests that the doctrine is rooted in a set of out-dated assumptions regarding the media landscape and, as a result, has failed to adapt in a manner that accounts for our changing communications environment. The public figure doctrine, which imposes the more rigorous actual malice standard of fault on defamation plaintiffs who enjoy greater access to mass media, was constructed in an era defined by one-to-many communications media. Newspapers, broadcasters, and traditional publishers exhausted the Court's understanding of the means of communicating with mass audiences. As …
The Catholic Second Amendment, David B. Kopel
The Catholic Second Amendment, David B. Kopel
David B Kopel
At the beginning of the second millennium, there was no separation of church and state, and kings ruled the church. Tyrannicide was considered sinful. By the end of the thirteenth century, however, everything had changed. The Little Renaissance that began in the eleventh century led to a revolution in political and moral philosophy, so that using force to overthrow a tyrannical government became a positive moral duty. The intellectual revolution was an essential step in the evolution of Western political philosophy that eventually led to the American Revolution.
The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant
The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant
David B Kopel
Guns and Violence tells a remarkable story of a society's self-destruction, of how a government in a few decades managed to reverse six hundred years of social progress in violence reduction. The book is also a testament to the amazing self-confidence of British governments; Labour and Conservative alike have proceeded with an extreme anti-self-defense agenda, although the agenda has never had much supporting evidence beyond the government's own platitudes.
The Metamorphosis Of Aboriginal Title, Brian Slattery
The Metamorphosis Of Aboriginal Title, Brian Slattery
Brian Slattery
Aboriginal title has undergone a significant transformation from the colonial era to the present day. In colonial times, aboriginal title was governed by Principles of Recognition based on ancient relations between the Crown and Indigenous American peoples. With the passage of time, this historical right has evolved into a generative right, governed by Principles of Reconciliation. As a generative right, aboriginal title exists in a dynamic but latent form, which is capable of partial articulation by the courts but whose full implementation requires agreement between the Indigenous party and the Crown. The courts have the power to recognize the core …
Wrestling With God: The Courts' Tortuous Treatment Of Religion, Patrick Garry
Wrestling With God: The Courts' Tortuous Treatment Of Religion, Patrick Garry
Patrick M. Garry
The relationship between church and state is both controversial and unsettled. For decades, the courts have vacillated dramatically in their rulings on when a particular governmental accommodation rises to the level of an impermissible state establishment of religion. Without a comprehensive theory of the First Amendment establishment clause, religion cases have devolved into a jurisprudence of minutiae. Seemingly insignificant occurrences, such as a student reading a religious story or a teacher wearing a cross on a necklace, have led to years of litigation. And because of the constant threat of judicial intrusion, a pervasive social anxiety exists about the presence …
Continuing The March Toward Reasonableness: Last Term's Fourth Amendment Decisions, Lawrence Rosenthal
Continuing The March Toward Reasonableness: Last Term's Fourth Amendment Decisions, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.
Bartnicki V. Vopper, 532 U.S. 514 (2001), Alan Garfield
Bartnicki V. Vopper, 532 U.S. 514 (2001), Alan Garfield
Alan E Garfield
No abstract provided.
A Shared Constitutionalism: Stemm Cells And The Case For Transatlanticism, Russell Miller
A Shared Constitutionalism: Stemm Cells And The Case For Transatlanticism, Russell Miller
Russell A. Miller
No abstract provided.
Book Review(Reviewing Arguing Marbury V. Madison (Mark Tushnet Ed., 2005), Robert Lipkin
Book Review(Reviewing Arguing Marbury V. Madison (Mark Tushnet Ed., 2005), Robert Lipkin
Robert Justin Lipkin
No abstract provided.
So What Is The Real Legacy Of Oakes? Two Decades Of Proportionality Analysis Under The Canadian Charter’S Section 1, Sujit Choudhry
So What Is The Real Legacy Of Oakes? Two Decades Of Proportionality Analysis Under The Canadian Charter’S Section 1, Sujit Choudhry
Sujit Choudhry
Palazzolo, The Public Trust, And The Property Owner’S Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan
Erin Ryan
South Carolina recently promulgated new guidelines regulating the State’s consideration of requests by private marsh island owners to build bridges for vehicular access through publicly owned marsh and tidelands. Many thousands of these islands hug the South Carolina coast, but they are surrounded by tidelands subject to South Carolina’s formidable public trust doctrine, which obligates the State to manage submerged lands and waterways for the benefit of the public. This piece evaluates the relationship between the public trust doctrine and the takings subtext to the debate over the new guidelines – a relationship that has become particularly interesting in the …
Changing Expectations Of Privacy And The Fourth Amendment, Robert Power
Changing Expectations Of Privacy And The Fourth Amendment, Robert Power
Robert C Power
Unburdening The Constitution: What Has The Indian Constitution Got To Do With Private Universities, Modernity And Nation States?, Shubhankar Dam
Unburdening The Constitution: What Has The Indian Constitution Got To Do With Private Universities, Modernity And Nation States?, Shubhankar Dam
Shubhankar Dam
This article critically analyses the decision of the Indian Supreme Court in Yashpal and another v. State of Chhattisgarh and others holding the establishment of private universities as unconstitutional. Swayed by the overwhelmingly irresponsible character of the respondent universities, the Supreme Court innovated constitutional arguments to uphold the claims of the petitioners. While intuitively correct in the context of the immediate facts, the judgment, when analysed in the abstract, reveals the self-inflicted harm it has the potential to cause. The judgment is technologically regressive: it fails to account for the emerging trends in education, especially those related to the use …
A Cultural Turn: Reflections On Recent Historical And Legal Writing On The Second Amendment
A Cultural Turn: Reflections On Recent Historical And Legal Writing On The Second Amendment
William G. Merkel
Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan
Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan
Donald J. Kochan