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Articles 1 - 6 of 6
Full-Text Articles in Law
The Bill Of Rights As A Term Of Art, Gerard N. Magliocca
The Bill Of Rights As A Term Of Art, Gerard N. Magliocca
Notre Dame Law Review
This Article argues that the use of the “Bill of Rights” to describe the first
set of constitutional amendments emerged long after the Founding as a justification
for expanding federal power at home and abroad. In making that
claim, I challenge two common misconceptions about the Bill of Rights. One
is that the first set of amendments was known by that name from the start.
This is not true. James Madison never said that what was ratified in 1791 was
a bill of rights, and that label was not widely used for those provisions until
after 1900. The second fallacy …
U.S. State Building And The Second Amendment, Darren Dale Gil
U.S. State Building And The Second Amendment, Darren Dale Gil
Dissertations
This dissertation used a comparative case study strategy employing a mixed methods thematic content analysis approach1 to explore U.S. government support for Second Amendment freedoms as compared to other freedoms in the U.S. Bill of Rights in American-led state-building projects in Cuba (1898-1901), Germany (1945-1949), and Iraq (2003-2005). The dissertation tested for Republican and Democratic political party support regarding Second Amendment freedoms in U.S. state-building projects. Findings from the three case studies showed that the American government did not support individual arms rights in its state-building efforts as it did with the other nine Bill of Rights freedoms. Findings …
S16rs Sgr No. 5 (Student Bill Of Rights), Ariel Bergeron, Jeffery Anderson, James Mickler, Gabrielle Triche
S16rs Sgr No. 5 (Student Bill Of Rights), Ariel Bergeron, Jeffery Anderson, James Mickler, Gabrielle Triche
Student Senate Enrolled Legislation
No abstract provided.
Political Protections Of Fundamental Rights As A Means Of Mitigating The Weaknesses Of Legal Protections, Lara Pratt
Political Protections Of Fundamental Rights As A Means Of Mitigating The Weaknesses Of Legal Protections, Lara Pratt
Lara Pratt
The purpose of this paper is to highlight the important role of political protections of fundamental rights. The paper acknowledges that legal protections as a way of protecting rights against legislative encroachment, have definite strengths – in particular the court provides an determination as to the rights-compatibility of challenged legislation (whatever the consequence of such a determination may be), it offers authoritative interpretations of rights and provides a forum in which victims of (alleged) rights violations can challenge the legislation. However, at the same time, this paper points out that these strengths necessarily bring with them certain weaknesses – the …
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
What is the constitutional significance of the proverbial "keep off the grass" sign? This question — asked by curmudgeonly neighbors everywhere — has been given new currency in a recent decision by the United States Supreme Court. Indeed, Florida v. Jardines might have bestowed constitutional curmudgeons with significant new Fourth Amendment protections. By expressing expectations regarding — and control over — access to property, "the people" may be able to claim greater Fourth Amendment protections not only for their homes, but also for their persons, papers, and effects. This article launches a constitutionally grounded, but lighthearted campaign of citizen education …
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Stephen E. Henderson, Andrew G. Ferguson
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Stephen E. Henderson, Andrew G. Ferguson
Stephen E Henderson