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Full-Text Articles in Law
Twelve Theories Of A Right To Bear Arms, Michael S. Green
Twelve Theories Of A Right To Bear Arms, Michael S. Green
Michael S. Green
In order to determine the scope of the Second Amendment under an individual-right interpretation, a theory of the value of private arms possession is required. Insufficient attention has been paid, however, to the variety of available theories. This Article outlines twelve different theories of why private arms possession might be worthy of constitutional protection. Each theory is a possible interpretation of justifications for the Second Amendment that have been offered in the past. Because the scope of the Second Amendment can vary given the theory one adopts, greater sensitivity to the differences between these theories is crucial if the scope …
Grieving Families V. Freedom Of Speech: Why Funeral Protest Laws Are Constitutional And Necessary To Protect Families, Carrie Ann Harris
Grieving Families V. Freedom Of Speech: Why Funeral Protest Laws Are Constitutional And Necessary To Protect Families, Carrie Ann Harris
Carrie Ann Harris
Over the past few years, most notably during the current War on Terror, many families of soldiers who have died in action have had certain repulsive and distasteful guests invite themselves to the funerals. These protestors hold signs such as “Thank God for Dead Soldiers” and “Your Son is Going to Hell.” Americans have become outraged at these protestors and lawmakers have heard their voices. This paper discusses funeral attendees’ rights of safety and privacy versus the protestors’ rights to free speech. All of these rights are important in the United States today. However, in the end, the Funeral Protest …
Editorial, Recordings Can Protect Those Secretly Taped, Wesley Oliver
Editorial, Recordings Can Protect Those Secretly Taped, Wesley Oliver
Wesley M Oliver
No abstract provided.
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World., David A. Schultz
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World., David A. Schultz
David A Schultz
Post 9-11 concerns in the United States, among the European Union (EU) members, and other western democracies regarding international terrorism forced convergence of the traditionally distinct policy areas of domestic criminal justice and national security. This convergence has produced several policy and institutional conflicts that pit individual rights against homeland security, domestic law and institutions against international norms and tribunals, and criminal justice agencies against national security organizations. This Article examines regime responses to international terrorism, principally in the United States, in comparison to the European Union, seeking to describe the consequences of the merger of criminal justice norms with …
Troubled Doctrine, Extraordinary Deference: The State Action Requirement And Amateur Sports, Dionne L. Koller
Troubled Doctrine, Extraordinary Deference: The State Action Requirement And Amateur Sports, Dionne L. Koller
Dionne L. Koller
The state action doctrine has been criticized for decades. Among the criticisms is that the doctrine as applied will fail to account for changing realities in the exercise of state power. Building on this criticism, this article makes the claim that the state action doctrine’s failure to account for the realities of increased state power in amateur sports has important consequences for the amateur athletes and others who are regulated by ostensibly private organizations such as the National Collegiate Athletic Association (NCAA), the United States Olympic Committee (USOC), and the United States Anti-Doping Agency (USADA). While some commentators previously have …
Towards An Explicit Balancing Inquiry: R.A.V. And Black Through The Lens Of Foreign Freedom Of Expression Jurisprudence , Matthew S. Melamed
Towards An Explicit Balancing Inquiry: R.A.V. And Black Through The Lens Of Foreign Freedom Of Expression Jurisprudence , Matthew S. Melamed
Matthew S Melamed
The article concerns the balancing inquiry that currently provides implicit structure to recent United States Supreme Court decisions concerning the constitutionality of laws banning cross burning, as exemplified in R.A.V. v. City of St. Paul and Virginia v. Black. Part I identifies the historical antipathy towards balancing inspired by the First Amendment, simultaneously considering the jurisprudential failure of First Amendment fundamentalism and the powerful ideological hold that it nevertheless still exerts. Part II briefly introduces the motivation and means by which the European Court of Human Rights and the Canadian Constitutional Court utilize explicit balancing tests in freedom of expression …
Neuroimaging And The "Complexity" Of Capital Punishment, Orlando Carter Snead
Neuroimaging And The "Complexity" Of Capital Punishment, Orlando Carter Snead
O. Carter Snead
The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and in the public square, the contours of a project to transform capital sentencing both in principle and practice have emerged. In the short term, such scientists seek to intervene in the process of capital sentencing by serving as mitigation experts for defendants, where they invoke neuroimaging research on the roots of criminal violence to support their arguments. Over …
Fired For Blogging: Are There Legal Protections For Employees Who Blog?, Robert Sprague
Fired For Blogging: Are There Legal Protections For Employees Who Blog?, Robert Sprague
Robert Sprague
No abstract provided.
The Migration Of Constitutional Ideas, Sujit Choudhry
The Migration Of Constitutional Ideas, Sujit Choudhry
Sujit Choudhry
The migration of constitutional ideas across jurisdictions is one of the central features of contemporary constitutional practice. The increasing use of comparative jurisprudence in interpreting constitutions is one example of this. In this 2007 book, leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe and Australia discuss the dynamic processes whereby constitutional systems influence each other. They explore basic methodological questions which have thus far received little attention, and examine the complex relationship between national and supranational constitutionalism - an issue of considerable contemporary interest in Europe. The migration of constitutional ideas is …
Writing Public Order Laws That Pass Constitutional Muster, Lawrence Rosenthal
Writing Public Order Laws That Pass Constitutional Muster, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.
Collective Deliberative Democracy As An Indigenous Right To Self-Determination, Russell Miller
Collective Deliberative Democracy As An Indigenous Right To Self-Determination, Russell Miller
Russell A. Miller
No abstract provided.
Business Blogs And Commercial Speech: A New Analytical Framework For The 21st Century, Robert Sprague
Business Blogs And Commercial Speech: A New Analytical Framework For The 21st Century, Robert Sprague
Robert Sprague
No abstract provided.
Constitutionalism In Divided Societies, Sujit Choudhry
Constitutionalism In Divided Societies, Sujit Choudhry
Sujit Choudhry
No abstract provided.
Wrestling With God: The Courts' Tortuous Treatment Of Religion (Paperback), Patrick Garry
Wrestling With God: The Courts' Tortuous Treatment Of Religion (Paperback), Patrick Garry
Patrick M. Garry
The relationship between church and state is both controversial and unsettled. For decades, the courts have vacillated dramatically in their rulings on when a particular governmental accommodation rises to the level of an impermissible state establishment of religion. Without a comprehensive theory of the First Amendment establishment clause, religion cases have devolved into a jurisprudence of minutiae. Seemingly insignificant occurrences, such as a student reading a religious story or a teacher wearing a cross on a necklace, have led to years of litigation. And because of the constant threat of judicial intrusion, a pervasive social anxiety exists about the presence …