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Full-Text Articles in Law
Constitutional Issues Surrounding Student Possession And Use Of Cell Phones In Schools, Ralph Mawdsley, Charles Russo
Constitutional Issues Surrounding Student Possession And Use Of Cell Phones In Schools, Ralph Mawdsley, Charles Russo
Charles J. Russo
Constitutional challenges to limits on the possession and/ or use of cell phones in schools present potential claims involving the Fourth Amendment rights of students to privacy and to be free from unreasonable searchesalong with parental Fourteenth Amendment Liberty Clauserights to direct the education and upbringing of their children. However, as reflected in this article, as long as educational officials enact policies in line with state laws that are explicitly designed to enhance school safety, challenges filed by students and their parents are probably destined to fail because constitutional claims are likely to be outweighed by concerns for the greater …
The Ecuadorian Exemplar: The First Ever Vindications Of Constitutional Rights Of Nature, Erin Daly
The Ecuadorian Exemplar: The First Ever Vindications Of Constitutional Rights Of Nature, Erin Daly
Erin Daly
The 'Sala de le Corte Provincial' - a provincial court in Ecuador - became the first court ever to vindicate the recently constitutionalized rights of nature. Recognizing the indisputable importance of the rights of nature for present and future generations, the court held the provincial government liable for flooding damages caused by dumping of construction debris. This judicial victory is arguably overshadowed by challenges facing the plaintiffs in seeing the courts order enforced, however. A subsequent case bears witness to the judiciary’s vindication of rights of nature in Ecuador with ever increasing legal effect.
Pennsylvania Constitutional Conventions: Discarding The Myths, John Gedid
Pennsylvania Constitutional Conventions: Discarding The Myths, John Gedid
John L. Gedid
No abstract provided.
The Tea Party And The Constitution, Christopher W. Schmidt
The Tea Party And The Constitution, Christopher W. Schmidt
Christopher W. Schmidt
This Article considers the Tea Party as a constitutional movement. I explore the Tea Party’s ambitious effort to transform the role of the Constitution in American life, examining both the substance of the Tea Party’s constitutional claims and the tactics movement leaders have embraced for advancing these claims. No major social movement in modern American history has so explicitly tied its reform agenda to the Constitution. From the time when the Tea Party burst onto the American political scene in early 2009, its supporters claimed in no uncertain terms that much recent federal government action overstepped constitutionally defined limitations. A …
Should Pennsylvania Amend Its Constitution? The Pennsylvania Bar Association Considers Calls For Reform, John Gedid
Should Pennsylvania Amend Its Constitution? The Pennsylvania Bar Association Considers Calls For Reform, John Gedid
John L. Gedid
No abstract provided.
History Of The Pennsylvania Constitution (Chapter 3), John Gedid
History Of The Pennsylvania Constitution (Chapter 3), John Gedid
John L. Gedid
No abstract provided.
Justice Stephen Field: Frontier Justice Or Justice At The Natural Rights Frontier?, John Eastman
Justice Stephen Field: Frontier Justice Or Justice At The Natural Rights Frontier?, John Eastman
John C. Eastman
Produced for a conference by the Claremont Institute commemmorating the 150th Anniversary of California statehood, this article explores the jurisprudential philosophy of one of California's great jurists, Supreme Court Justice Stephen Field. From his decisions dealing with property rights, government regulation, and Chinese exclusion statutes, Justice Field consistently demonstrated a deep understanding of the natural law principles that provide the foundation of legitimacy for republican government.