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Articles 1 - 16 of 16

Full-Text Articles in Law

Winkelman: Pro Se Parents Of Children With Disabilities In The Courts (Or Not?), Sonja Kerr Dec 2009

Winkelman: Pro Se Parents Of Children With Disabilities In The Courts (Or Not?), Sonja Kerr

Alaska Law Review

No abstract provided.


Transgendered In Alaska: Navigating The Changing Legal Landscape For Change In Gender Petitions, Leslie Dubois-Need, Amber Kingery Dec 2009

Transgendered In Alaska: Navigating The Changing Legal Landscape For Change In Gender Petitions, Leslie Dubois-Need, Amber Kingery

Alaska Law Review

No abstract provided.


The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky Oct 2009

The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky

Law and Contemporary Problems

No abstract provided.


Kendra’S Law And The Rights Of The Mentally Ill: An Empirical Peek Behind The Courts’ Legal Analysis And A Suggested Template For The New York State Legislature’S Reconsideration For Renewal In 2010, Kathryn A. Worthington Oct 2009

Kendra’S Law And The Rights Of The Mentally Ill: An Empirical Peek Behind The Courts’ Legal Analysis And A Suggested Template For The New York State Legislature’S Reconsideration For Renewal In 2010, Kathryn A. Worthington

Cornell Journal of Law and Public Policy

No abstract provided.


When Insiders Become Outsiders: Parental Objections To Public School Sex Education Programs, Emily J. Brown Oct 2009

When Insiders Become Outsiders: Parental Objections To Public School Sex Education Programs, Emily J. Brown

Duke Law Journal

This Note argues that parents' fundamental right to direct their children's moral and educational upbringing includes the right to exempt their children from objectionable sex education programs in public schools. Schools usurp parents' fundamental rights when they unilaterally introduce children to topics of human sexuality without parental notice or permission. Alleged violations of these rights merit strict scrutiny review from courts. When parents' objections are confined to discrete, tangible events, parents are constitutionally entitled to exempt their children from objectionable activities. The efficacy of this constitutional relief is more limited, however, when parental objections are pervasive and unassociated with a …


Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle Aug 2009

Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle

Duke Journal of Gender Law & Policy

Because the government has historically enacted laws criminalizing abortion to preserve traditional stereotypes regarding a woman's domestic and subordinate position in society,22 abortion regulations necessitate an Equal Protection Clause analysis. [...] this article will examine first how Gonzales and Glucksberg forecast Roe's now inevitable demise, and accordingly, why abortion regulations must now be evaluated under an Equal Protection Clause analysis- in place of the crumbling Due Process Clause framework.23 Finally, this article will explain how and why the Partial Birth Abortion Act of 2003 violates the Equal Protection Clause of the Fourteenth Amendment.


The Exxon Valdez Case And Regularizing Punishment, Jeffrey L. Fisher Jun 2009

The Exxon Valdez Case And Regularizing Punishment, Jeffrey L. Fisher

Alaska Law Review

No abstract provided.


“The Judge Said, ‘Son, What Is Your Alibi …?” A Survey Of Alaska Criminal Discovery Principles, James Fayette Jun 2009

“The Judge Said, ‘Son, What Is Your Alibi …?” A Survey Of Alaska Criminal Discovery Principles, James Fayette

Alaska Law Review

No abstract provided.


The Failure Of Adversarial Process In The Administrative State, Bryan T. Camp Jan 2009

The Failure Of Adversarial Process In The Administrative State, Bryan T. Camp

Indiana Law Journal

No abstract provided.


Giving Public Opinion The Process That Is Due: What The Supreme Court Can Learn From Its Eighth Amendment Jurisprudence, Rebecca Wilhelm Jan 2009

Giving Public Opinion The Process That Is Due: What The Supreme Court Can Learn From Its Eighth Amendment Jurisprudence, Rebecca Wilhelm

Hofstra Law Review

No abstract provided.


Counting Offenses, Jeffrey M. Chemerinsky Jan 2009

Counting Offenses, Jeffrey M. Chemerinsky

Duke Law Journal

Is a criminal defendant who discharges a weapon five times in rapid succession guilty of one crime or several crimes? This question of how to divide charges has vexed legal philosophers and Supreme Court Justices. It is a question of profound importance, but one that legal scholarship has seldom addressed. The answer has an impact on each stage of a criminal justice prosecution. The difference between one charge and multiple charges can affect the likelihood of a plea bargain, the strategy for trial, and, if the defendant is convicted, the length of a prison sentence. This Note, citing numerous examples …


Reclaiming Skepticism: Lessons From Guantanamo, Heidi Kitrosser Jan 2009

Reclaiming Skepticism: Lessons From Guantanamo, Heidi Kitrosser

William Mitchell Law Review

No abstract provided.


In Defense Of “Footnote Four”: A Historical Analysis Of The New Deal’S Effect On Land Regulation In The U.S. Supreme Court, Christopher S. Dodrill Jan 2009

In Defense Of “Footnote Four”: A Historical Analysis Of The New Deal’S Effect On Land Regulation In The U.S. Supreme Court, Christopher S. Dodrill

Law and Contemporary Problems

At the turn of the nineteenth century, the US Supreme Court established and reinforced numerous so-called "economic rights." During the Lochner v. New York era, the Court invalidated almost 200 federal and state economic and labor regulations for interfering with the right to contract and for violating substantive due process. In 1937, however, Justice Stone's famous "footnote four" in United States v. Carolene Products Co. closed the coffin on Lochner. After Carolene Products, the Court stopped applying heightened scrutiny to economic legislation, and it began consciously protecting "discrete and insular minorities." Here, Dodrill explains the Lochner-era Supreme Court's standard of …


Incompatible Theories: Natural Law And Substantive Due Process, Mattei Ion Radu Jan 2009

Incompatible Theories: Natural Law And Substantive Due Process, Mattei Ion Radu

Villanova Law Review

No abstract provided.


Justice On Appeal In Criminal Cases: A Twentieth-Century Perspective, Paul D. Carrington Jan 2009

Justice On Appeal In Criminal Cases: A Twentieth-Century Perspective, Paul D. Carrington

Faculty Scholarship

Criminal appeals was a hot topic in the 1970s, reflecting the politics of the Great Society and the development of the constitutional requirements of due process. There was then widespread agreement that the function of the criminal appeal was to assure that the appropriate judges were giving visible attention to all convictions to assure that they were justified. This paper will pose the question: what has become of that vision of a former generation?


The Unbearable Lightness Of Marriage In The Abortion Decisions Of The Supreme Court: Altered States In Constitutional Law, William W. Van Alstyne Jan 2009

The Unbearable Lightness Of Marriage In The Abortion Decisions Of The Supreme Court: Altered States In Constitutional Law, William W. Van Alstyne

Faculty Scholarship

No abstract provided.