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2014

Constitutional Law

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Institution
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Articles 1 - 30 of 488

Full-Text Articles in Law

December 30, 2014: The Radical Religious Message Of A Charlie Brown Christmas, Bruce Ledewitz Dec 2014

December 30, 2014: The Radical Religious Message Of A Charlie Brown Christmas, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Radical Religious Message of A Charlie Brown Christmas“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 27, 2014: Religion As Tool, Not Identity, Bruce Ledewitz Dec 2014

December 27, 2014: Religion As Tool, Not Identity, Bruce Ledewitz

Hallowed Secularism

Blog post, “Religion as Tool, Not Identity“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 24, 2014: Christmas Mourning, 2014, Bruce Ledewitz Dec 2014

December 24, 2014: Christmas Mourning, 2014, Bruce Ledewitz

Hallowed Secularism

Blog post, “Christmas Mourning, 2014“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 21, 2014: Questioning Capitalism, Bruce Ledewitz Dec 2014

December 21, 2014: Questioning Capitalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Questioning Capitalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 18, 2014: Good News On Cuba, Bruce Ledewitz Dec 2014

December 18, 2014: Good News On Cuba, Bruce Ledewitz

Hallowed Secularism

Blog post, “Good News on Cuba“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 14, 2014: The Tough Guys Who Favor Torture, Bruce Ledewitz Dec 2014

December 14, 2014: The Tough Guys Who Favor Torture, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Tough Guys Who Favor Torture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 11, 2014: No Justification For Torture, Bruce Ledewitz Dec 2014

December 11, 2014: No Justification For Torture, Bruce Ledewitz

Hallowed Secularism

Blog post, “No Justification for Torture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Kansas V. Nebraska & Colorado: Keeping Equity Afloat In The Republican River Dispute, Charles Punia Dec 2014

Kansas V. Nebraska & Colorado: Keeping Equity Afloat In The Republican River Dispute, Charles Punia

Duke Journal of Constitutional Law & Public Policy Sidebar

This commentary previews an upcoming Supreme Court case, Kansas v. Nebraska & Colorado. The Supreme Court will have the opportunity to resolve a decades-old conflict over water rights in the Republican River which flows through Colorado, Nebraska, and Kansas. In this case of original jurisdiction, the Court will determine both whether Nebraska violated a 60-year old compact concerning water rights, and what the appropriate remedy should be for that violation.


December 9, 2014: There Was A Moment, Bruce Ledewitz Dec 2014

December 9, 2014: There Was A Moment, Bruce Ledewitz

Hallowed Secularism

Blog post, “There Was a Moment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 6, 2014: The Death Of Meaning In Law And Life, Bruce Ledewitz Dec 2014

December 6, 2014: The Death Of Meaning In Law And Life, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Death of Meaning in Law and Life“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Federal Appeals Court Spares Mentally Ill Man From Execution -- For Now, Lauren Carasik Dec 2014

Federal Appeals Court Spares Mentally Ill Man From Execution -- For Now, Lauren Carasik

Media Presence

No abstract provided.


Dynamic Surveillance: Evolving Procedures In Metadata And Foreign Content Collection After Snowden, Peter Margulies Dec 2014

Dynamic Surveillance: Evolving Procedures In Metadata And Foreign Content Collection After Snowden, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman Dec 2014

The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman

All Faculty Scholarship

Conservative constitutional jurisprudence in the United States has an important libertarian dimension. In recent years, a conservative majority of the Supreme Court has strengthened the constitutional protections for property rights, recognized an individual right to own firearms, imposed limits on the welfare state and the powers of the federal government, cut back on affirmative action, and held that closely held corporations have a right to religious liberty that permits them to deny contraceptive coverage to their female employees. This libertarian streak also can be seen in decisions on freedom of speech and association. In several leading cases, conservative judges have …


Intellectual Origins Of (Modern) Substantive Due Process, The, Joshua D. Hawley Dec 2014

Intellectual Origins Of (Modern) Substantive Due Process, The, Joshua D. Hawley

Faculty Publications

Almost fifty years after the Supreme Court revived the doctrine, substantive due process remains a puzzle. Detractors insist it is nothing more than judicial policy making. Defenders say it accords with the deepest values of the Constitution. But on all sides, the present scholarly debate suffers from an impoverished understanding of modern substantive due process's intellectual history, which has led to an impoverished understanding of the doctrine's core normative content. It is time for a revisionist turn. This Article supplies that turn by excavating the intellectual origins of modern substantive due process and relating that history to the doctrine's development. …


Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose Dec 2014

Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose

Faculty Scholarship

This paper takes a closer look at the First Amendment rights of college athletes to access social media while simultaneously participating in intercollegiate athletics. The question posed is quite simple: can a coach or athletic department at a public university legally restrict a student-athlete's use of social media? If so, does the First Amendment provide any restraints on the type or length of restrictions that can be imposed? Thus far, neither question has been presented to a court for resolution. However, the answers are vital, as college coaches and athletic directors seek to regulate their athletes in a constitutional manner.


A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court's Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily C. Paavola Dec 2014

A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court's Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily C. Paavola

Cornell Law Faculty Publications

This article examines empirically the capital cases decided by the lower courts since the United States Supreme Court created the categorical ban against the execution of persons with intellectual disability twelve years ago in the Atkins decision.


The Limits Of Enumeration, Richard A. Primus Dec 2014

The Limits Of Enumeration, Richard A. Primus

Articles

According to a well-known principle of constitutional interpretation here identified as the “internal-limits canon,” the powers of Congress must always be construed as authorizing less legislation than a general police power would. This Article argues that the internallimits canon is unsound. Whether the powers of Congress would in practice authorize any legislation that a police power would authorize is a matter of contingency: it depends on the relationship between the powers and the social world at a given time. There is no reason why, at a given time, the powers cannot turn out to authorize any legislation that a police …


November 30, 2014: More Reasons The Democratic Party Coalition Collapsed, Bruce Ledewitz Nov 2014

November 30, 2014: More Reasons The Democratic Party Coalition Collapsed, Bruce Ledewitz

Hallowed Secularism

Blog post, “More Reasons the Democratic Party Coalition Collapsed“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Ferguson — What Now?, Timothy Zick Nov 2014

Ferguson — What Now?, Timothy Zick

Popular Media

No abstract provided.


November 26, 2014: Pope Tells Haggard Europe That It Is In Need Of Cultural Renewal, Bruce Ledewitz Nov 2014

November 26, 2014: Pope Tells Haggard Europe That It Is In Need Of Cultural Renewal, Bruce Ledewitz

Hallowed Secularism

Blog post, “Pope Tells Haggard Europe that it is in Need of Cultural Renewal“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Cost Of Public Protest, Timothy Zick Nov 2014

The Cost Of Public Protest, Timothy Zick

Popular Media

No abstract provided.


Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson Nov 2014

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson

Criminal Justice Faculty Publications

Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …


November 21, 2014: The Secular Death Penalty, Bruce Ledewitz Nov 2014

November 21, 2014: The Secular Death Penalty, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Secular Death Penalty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Zick On Public Protest And Ferguson, Timothy Zick Nov 2014

Zick On Public Protest And Ferguson, Timothy Zick

Popular Media

No abstract provided.


November 20, 2014: Not Serving The Interests Of The Country, Bruce Ledewitz Nov 2014

November 20, 2014: Not Serving The Interests Of The Country, Bruce Ledewitz

Hallowed Secularism

Blog post, “Not Serving the Interests of the Country“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill Nov 2014

Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill

NULR Online

No abstract provided.


November 16, 2014: A Beautiful Movie, Bruce Ledewitz Nov 2014

November 16, 2014: A Beautiful Movie, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Beautiful Movie“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 13, 2014: The Climate Deal With China, Bruce Ledewitz Nov 2014

November 13, 2014: The Climate Deal With China, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Climate Deal with China“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 9, 2014: How Destructive Is Capitalism?, Bruce Ledewitz Nov 2014

November 9, 2014: How Destructive Is Capitalism?, Bruce Ledewitz

Hallowed Secularism

Blog post, “ How Destructive Is Capitalism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 6, 2014: An Election Of Anxiety, Bruce Ledewitz Nov 2014

November 6, 2014: An Election Of Anxiety, Bruce Ledewitz

Hallowed Secularism

Blog post, “An Election of Anxiety“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.