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Articles 1 - 16 of 16
Full-Text Articles in Law
Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori
Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Water Marketing In Western Prior Appropriation States: A Model For The East, James L. Huffman
Water Marketing In Western Prior Appropriation States: A Model For The East, James L. Huffman
Georgia State University Law Review
No abstract provided.
Questioning Deference, Christina E. Wells
Questioning Deference, Christina E. Wells
Missouri Law Review
Part I of this Article discusses executive branch actions in the crises discussed earlier and identifies a pattern of response to certain perceived threated. Part II assesses this historical pattern in light of a psychological understanding of risk assessment, concluding that the pattern is consistent with predictably skewed risk assessment. Part III discusses the psychology of accountability and the possibility that judicial review can serve as a mechanism of accountability and improve executive decision making.
Education Elementary And Secondary Education: Authorize The Reading Or Posting Of Certain Writings, Documents, And Records Without Content-Based Censorship Thereof; Provide For Notice To Local School Superintendents; And For Other Purposes, Joshua Brooker, Laura Verduci
Education Elementary And Secondary Education: Authorize The Reading Or Posting Of Certain Writings, Documents, And Records Without Content-Based Censorship Thereof; Provide For Notice To Local School Superintendents; And For Other Purposes, Joshua Brooker, Laura Verduci
Georgia State University Law Review
The bill would have permitted state school boards to allow and encourage their teachers and administrators to read or post in their school building, classrooms, or at any event, documents or any portion of documents that relate to American heritage. The bill would have provided a list of documents, including the Constitution, the Declaration of Independence, the Mayflower Compact, and United States Supreme Court decisions. The bill would have prohibited content-based censorship of American history and heritage-based documents regarding any religious references.
"Perfect Good Faith", Erin Ruble, Gerald Torres
"Perfect Good Faith", Erin Ruble, Gerald Torres
Nevada Law Journal
No abstract provided.
Judicial Independence And The Scope Of Article Iii--A View From The Federalist, Michael G. Collins
Judicial Independence And The Scope Of Article Iii--A View From The Federalist, Michael G. Collins
University of Richmond Law Review
No abstract provided.
Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty
Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty
Michigan Law Review
Conflict abroad almost always enhances executive power at home. This expectation has held true at least since the constitutions of antiquity. It holds no less true for modern constitutions, including the Constitution of the United States. Constitutional arguments for executive power likewise escalate with increased perceptions of foreign threat. It is therefore hardly surprising that broad assertions of presidential power have become commonplace after the events of September 11, 2001, and the ensuing war on international terrorism. One perennial weapon in the executive arsenal is the so-called "Vesting Clause" of Article II of the Constitution. This clause, which provides that …
The Constitution At The Threshold Of Life And Death: A Suggested Approach To Accommodate An Interest In Life And A Right To Die, Michael P. Allen
The Constitution At The Threshold Of Life And Death: A Suggested Approach To Accommodate An Interest In Life And A Right To Die, Michael P. Allen
American University Law Review
In the past fifteen years, the United States Supreme Court has decided three cases in which it tentatively began to explore what the United States Constitution has to say about issues that are popularly described as the "right to die." In this article, I suggest that the current state of constitutional analysis does not provide for an effective mechanism for securing an individual's "right to die," at least not without undervaluing a state's interest in the preservation of human life should a state choose to take such a position. In the article, I suggest that it is possible to adopt …
The Jose Padilla Story, Donna R. Newman
A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait
A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait
NYLS Law Review
No abstract provided.
Torture, Marcy Strauss
The Torture Warrant: A Response To Professor Strauss, Alan M. Dershowitz
The Torture Warrant: A Response To Professor Strauss, Alan M. Dershowitz
NYLS Law Review
No abstract provided.
Judicial Independence In Virginia, W. Hamilton Bryson
Judicial Independence In Virginia, W. Hamilton Bryson
University of Richmond Law Review
No abstract provided.
"Bound Fast And Brought Under The Yokes": John Adams And The Regulation Of Privacy At The Founding, Allison L. Lacroix
"Bound Fast And Brought Under The Yokes": John Adams And The Regulation Of Privacy At The Founding, Allison L. Lacroix
Fordham Law Review
No abstract provided.
Turn Down The Volume: The Constitutionality Of Ohio's Municipal Ordinances Regulating Sound From Car Stereo Systems, Stuart A. Laven
Turn Down The Volume: The Constitutionality Of Ohio's Municipal Ordinances Regulating Sound From Car Stereo Systems, Stuart A. Laven
Cleveland State Law Review
This article will examine municipal ordinances criminalizing the emission of sound from car stereo systems in excess of proscribed limits, including the methods adopted to measure offending sound and the penalties imposed for violations, the Ohio (and certain non-Ohio) cases which have challenged the constitutionality of such ordinances, and certain constitutional aspects of such ordinances and their enforcement which have yet to be addressed.
Austria's Pre-War Brown V. Board Of Education, Maria L. Marcus
Austria's Pre-War Brown V. Board Of Education, Maria L. Marcus
Fordham Urban Law Journal
This article discusses the Austrian Constitutional Court's 1931 decision in which it held that the University of Vienna's regulations dividing students into ethnically based groups was unconstitutional. The article compares the similarities and differences between this case and later critical American equal opportunity cases including Brown v. Board of Education and suggests that an understanding of the current racial challenges is most effective by examining both global and American perspectives. This article explores the balance between maintaining universities autonomy and ensuring that racism does not foster in an institution free from judicial intervention. In discussing two cases, this article points …