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Articles 1 - 30 of 30

Full-Text Articles in Law

Religion, Constitutionalism, And Ethos, Neil Siegel Feb 2009

Religion, Constitutionalism, And Ethos, Neil Siegel

Schmooze 'tickets'

No abstract provided.


The Dueling First Amendments: Government As Funder And The Establishment Clause, Carol Nackenoff Feb 2009

The Dueling First Amendments: Government As Funder And The Establishment Clause, Carol Nackenoff

Schmooze 'tickets'

No abstract provided.


If An Amendment Were Adopted Declaing The United States A Christian Nation, Would It Be Constitutional? Well ... Let's Look At Turkey, Gary J. Jacobsohn Feb 2009

If An Amendment Were Adopted Declaing The United States A Christian Nation, Would It Be Constitutional? Well ... Let's Look At Turkey, Gary J. Jacobsohn

Schmooze 'tickets'

No abstract provided.


The Curious Case Of School Prayer: Political Entrepreneurship And The Relative (Im)Permeability Of Legal Institutions, Bradley D. Hays Feb 2009

The Curious Case Of School Prayer: Political Entrepreneurship And The Relative (Im)Permeability Of Legal Institutions, Bradley D. Hays

Schmooze 'tickets'

No abstract provided.


The Rule Against Scandal, Marci A. Hamilton Feb 2009

The Rule Against Scandal, Marci A. Hamilton

Schmooze 'tickets'

No abstract provided.


A Reflection On Native Americans And The Religion Clauses, Leslie F. Goldstein Feb 2009

A Reflection On Native Americans And The Religion Clauses, Leslie F. Goldstein

Schmooze 'tickets'

No abstract provided.


Is There A Paradox In Amending A Sacred Text?, Beau Breslin Feb 2009

Is There A Paradox In Amending A Sacred Text?, Beau Breslin

Schmooze 'tickets'

No abstract provided.


Like A Hole In The Head, Lief H. Carter Feb 2009

Like A Hole In The Head, Lief H. Carter

Schmooze 'tickets'

No abstract provided.


Sexuality, Religion, And The Right Of Conscience, Emily R. Gill Feb 2009

Sexuality, Religion, And The Right Of Conscience, Emily R. Gill

Schmooze 'tickets'

No abstract provided.


Toward A Judeo-Christian Constitutional Interpretation, Henry L. Chambers Feb 2009

Toward A Judeo-Christian Constitutional Interpretation, Henry L. Chambers

Schmooze 'tickets'

No abstract provided.


Religion And Constitutionalism: Indigenous Societies, David S. Bogen Feb 2009

Religion And Constitutionalism: Indigenous Societies, David S. Bogen

Schmooze 'tickets'

No abstract provided.


Religion And Jacksonian America, Keith E. Whittington Feb 2009

Religion And Jacksonian America, Keith E. Whittington

Schmooze 'tickets'

No abstract provided.


Atmospheric Harms In Constitutional Law, Frederick Mark Gedicks Feb 2009

Atmospheric Harms In Constitutional Law, Frederick Mark Gedicks

Schmooze 'tickets'

No abstract provided.


Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David C. Gray Jan 2009

Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David C. Gray

Faculty Scholarship

This essay, written for the 2009 Constitutional Schmooze, explores the complex role of religion as a source of both stability and instability. Drawing on a broader body of work in transitional justice, this essay argues that religion has an important role to play in the complex web of overlapping associations and oppositions constitutive of a dynamically stable society and further contends that constitutional protections which encourage a diversity of religions provide the best hope of harnessing that potential while limiting the dangers of religion evidenced in numerous cases of mass atrocity.


Brief For Amicus Curiae David A. Super: Supporting Plaintiff-Appellants Urging Reversal, In Howard V. Hawkins (2009)., David A. Super Jan 2009

Brief For Amicus Curiae David A. Super: Supporting Plaintiff-Appellants Urging Reversal, In Howard V. Hawkins (2009)., David A. Super

Faculty Scholarship

The Supreme Court has consistently held that congressional intent governs whether federal statutes are privately enforceable. Where Congress has been silent, a line of cases culminating in Gonzaga Univ. v. Doe, 536 U.S. 273 (2002), prescribes a formula for inferring congressional intent from the structure of a statute. Here, however, Congress has not been silent: the Food and Nutrition Act specifies the amount of retroactive benefits that may be awarded households in “any judicial action arising under this Act” and makes certain records of state agencies “available for review in any action filed by a household to enforce any ...


60 Years Of The Basic Law And Its Interpretation: An American Perspective, Peter E. Quint Jan 2009

60 Years Of The Basic Law And Its Interpretation: An American Perspective, Peter E. Quint

Faculty Scholarship

In commemoration of the 60th anniversary of the adoption of the German Basic Law (Constitution) , the author discusses certain aspects of the Basic Law, in comparison with the Constitution of the United States, and examines important developments in the jurisprudence if the German Constitutional Court interpreting the Basic Law.


Foreword: Our Paradoxical Religion Clauses, Mark A. Graber Jan 2009

Foreword: Our Paradoxical Religion Clauses, Mark A. Graber

Faculty Scholarship

No abstract provided.


Constitutional Necessity And Presidential Prerogative: Does Presidential Discretion Undergird Or Undermine The Constitution?, Michael P. Van Alstine Jan 2009

Constitutional Necessity And Presidential Prerogative: Does Presidential Discretion Undergird Or Undermine The Constitution?, Michael P. Van Alstine

Faculty Scholarship

No abstract provided.


Running Cars, Constitutions And Metaphors Into The Ground, Mark A. Graber Jan 2009

Running Cars, Constitutions And Metaphors Into The Ground, Mark A. Graber

Faculty Scholarship

Professor Sanford Levinson frequently analogizes the Constitution of the United States to a vehicle that desperately needs repairs. “[R]elying on the present Constitution.” he writes, “is similar to driving a car with very bad brakes and slick tires.” Much commentary on Our Undemocratic Constitution implicitly challenges the automotive metaphor. The Constitution of the United States, supporters profess, is not really as bad as Levinson would have us believe. The following pages take a road less traveled. Ancient constitutional institutions in the United States are suffering from severe wear and tear. Nevertheless, decisions to drive a comparatively unsafe car are ...


The Universal Declaration And South African Constitutional Law: A Response To Justice Arthur Chaskalson, Peter E. Quint Jan 2009

The Universal Declaration And South African Constitutional Law: A Response To Justice Arthur Chaskalson, Peter E. Quint

Faculty Scholarship

No abstract provided.


Dr. King And The Battle For Hearts And Minds, Wendy B. Scott Jan 2009

Dr. King And The Battle For Hearts And Minds, Wendy B. Scott

Faculty Scholarship

In 1954, a unanimous Supreme Court held that laws requiring dual public school systems, separated solely on the basis of race, violated the rights afforded to African American children under the Fourteenth Amendment Equal Protection and Due Process clauses. Brown v. Board of Education marked the beginning of a judicial assault on what the Court in Loving v. Virginia called statutory schemes and state court decisions that served as “an endorsement of the doctrine of White Supremacy.” Both Chief Justice Earl Warren and Dr. King recognized that the practice of White Supremacy did more than keep people separated. In Brown ...


Judicial Diversity, Sherrilyn A. Ifill Jan 2009

Judicial Diversity, Sherrilyn A. Ifill

Faculty Scholarship

No abstract provided.


The Fourth Amendment's New Frontier: Judicial Reasoning Applying The Fourth Amendment To Electronic Communications, Amanda Yellon Jan 2009

The Fourth Amendment's New Frontier: Judicial Reasoning Applying The Fourth Amendment To Electronic Communications, Amanda Yellon

Journal of Business & Technology Law

No abstract provided.


New Modes And Orders: Is A Jus Post Bellum Of Constitutional Transformation Possible Or Desirable?, Nahal Bhuta Jan 2009

New Modes And Orders: Is A Jus Post Bellum Of Constitutional Transformation Possible Or Desirable?, Nahal Bhuta

International & Comparative Law Colloquium Papers

No abstract provided.


Last Best Chance For The Great Writ: Equitable Tolling And Federal Habeas Corpus, Anne R. Traum Jan 2009

Last Best Chance For The Great Writ: Equitable Tolling And Federal Habeas Corpus, Anne R. Traum

Maryland Law Review

No abstract provided.


Medellin And Originalism , D.A. Jeremy Telman Jan 2009

Medellin And Originalism , D.A. Jeremy Telman

Maryland Law Review

No abstract provided.


Baze V. Rees: Merging Eighth Amendment Precedents Into A New Standard For Method Of Execution Challenges, Molly E. Grace Jan 2009

Baze V. Rees: Merging Eighth Amendment Precedents Into A New Standard For Method Of Execution Challenges, Molly E. Grace

Maryland Law Review

No abstract provided.


Rebuilding The Slaughter-House: The Cases' Support For Civil Rights, David S. Bogen Jan 2009

Rebuilding The Slaughter-House: The Cases' Support For Civil Rights, David S. Bogen

Faculty Scholarship

The Slaughter-House Cases have a bad reputation for good reason. Justice Miller’s narrow reading of the Privileges or Immunities Clause was used to prevent the federal government from adequately protecting African-Americans after the Civil War. Further, his opinion for the Court significantly delayed the application of the Bill of Rights to the states. But no one knows whether the world would be better with a different decision, because counter-factuals are never certain. The case did not involve either racial discrimination or incorporation, and total condemnation of the opinion for weakening civil rights misses its context and misreads its design ...


Compelled Speech Under The Commercial Speech Doctrine: The Case Of Menu Label Laws, Jennifer L. Pomeranz Jan 2009

Compelled Speech Under The Commercial Speech Doctrine: The Case Of Menu Label Laws, Jennifer L. Pomeranz

Journal of Health Care Law and Policy

No abstract provided.


Boumediene V. Bush: Justice Scalia’S Fear Of An Unfamiliar Race And Religion, Scott S. Allen Jr. Jan 2009

Boumediene V. Bush: Justice Scalia’S Fear Of An Unfamiliar Race And Religion, Scott S. Allen Jr.

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.