Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (8)
- Courts (2)
- Criminal Law (2)
- Criminal Procedure (2)
- Law and Politics (2)
-
- Political Science (2)
- Political Theory (2)
- Social and Behavioral Sciences (2)
- Administrative Law (1)
- American Politics (1)
- Arts and Humanities (1)
- Communication (1)
- Communication Technology and New Media (1)
- Comparative Politics (1)
- Comparative and Foreign Law (1)
- Critical and Cultural Studies (1)
- Environmental Law (1)
- Evidence (1)
- Judges (1)
- Law and Gender (1)
- Law and Race (1)
- Law and Society (1)
- Legal History (1)
- Mass Communication (1)
- Public Administration (1)
- Public Affairs (1)
- Public Affairs, Public Policy and Public Administration (1)
- Speech and Rhetorical Studies (1)
Articles 1 - 25 of 25
Full-Text Articles in Law
El Interés En Las Acciones Y Recursos, Juan Carlos Riofrío Martínez-Villalba
El Interés En Las Acciones Y Recursos, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
No abstract provided.
Judge Judges On How They Use Their Power, Alan E. Garfield
Judge Judges On How They Use Their Power, Alan E. Garfield
Alan E Garfield
No abstract provided.
Lo Que El Legislador Puede Hacer Por La Moral, Juan Carlos Riofrío Martínez-Villalba
Lo Que El Legislador Puede Hacer Por La Moral, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
No abstract provided.
A Brief History Of The Fifth Amendment Guarantee Against Double Jeopardy, David S. Rudstein
A Brief History Of The Fifth Amendment Guarantee Against Double Jeopardy, David S. Rudstein
David S Rudstein
No abstract provided.
Comparative Notions Of Fairness: Comparative Perspectives On The Fairness Doctrine With Special Emphasis On Israel And The United States, Guy E. Carmi
Guy E Carmi
The Article offers a comparative analysis of the manner in which different legal systems refer to mechanisms that are intended to ensure fairness, impartiality, and balance in mass media reporting and on issues of public importance, namely, the Fairness Doctrine and its non-U.S. counterparts. The Article reviews several systems, yet focuses on those in Israel and the United States.
The Israeli fairness doctrine was imported from the American system, where it was subsequently repealed. Despite this fact, the Israeli Supreme Court has left the doctrine intact. The prima facie contradiction between the obsolescence of the doctrine in its land of …
Institutional Context In Constitutional Law: A Critical Examination Of Term Limits, Judicial Campaign Codes, And Anti-Pornography Ordinances, Mark D. Rosen
Mark D. Rosen
No abstract provided.
The Pledge As Sacred Political Ritual, Sheldon Nahmod
The Pledge As Sacred Political Ritual, Sheldon Nahmod
Sheldon Nahmod
No abstract provided.
The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal
The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.
Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay
Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay
Richard Kay
Book reivew of 'Constitutional Odyssey: Can Canadians Become a Sovereign People?', by Peter H. Russell (Toronto, University of Toronto Press, 2004).
In Incognito: The Principle Of Double Effect In American Constitutional Law, Edward Lyons
In Incognito: The Principle Of Double Effect In American Constitutional Law, Edward Lyons
Edward C. Lyons
In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as …
The Non-Political Branch (Reviewing Lee Epstein & Jeffrey A. Segal, Advice And Consent: The Politics Of Judicial Appointments (2005)), Michael R. Dimino
The Non-Political Branch (Reviewing Lee Epstein & Jeffrey A. Segal, Advice And Consent: The Politics Of Judicial Appointments (2005)), Michael R. Dimino
Michael R Dimino
Grounding Nike: Exposing Nike's Quest For A Constitutional Right To Lie, Tamara R. Piety
Grounding Nike: Exposing Nike's Quest For A Constitutional Right To Lie, Tamara R. Piety
Tamara R. Piety
This article discusses how Nike's procedural posture in the 2003 Nike v. Kasky case amounted to a request for a constitutional right to lie.
The Dangers Of Fighting Terrorism With Technocommunitarianism: Constitutional Protections Of Free Expression, Exploration, And Unmonitored Activity In Urban Spaces, Marc J. Blitz
Marc J. Blitz
No abstract provided.
Subsidiarity, Federalism, And Federal Prosecution Of Street Crime, John F. Stinneford
Subsidiarity, Federalism, And Federal Prosecution Of Street Crime, John F. Stinneford
John F. Stinneford
No abstract provided.
How The Confrontation Clause Defeated The Rape Shield Statute: Acquaintance Rape, The Consent Defense And The Nj Supreme Court's Ruling In State V. Garron, James B. Johnston
How The Confrontation Clause Defeated The Rape Shield Statute: Acquaintance Rape, The Consent Defense And The Nj Supreme Court's Ruling In State V. Garron, James B. Johnston
James B Johnston
Rape shield statutes are designed to limit a judge's discretion in allowing information about a rape victim's sexual past into evidence at trial. This is done to prevent dual victimization of the rape victim. First during the rape and then at trial. Despite rape shield protections the NJ Supreme Court ruled in State v. Garron that a victim's prior flirtations with the attacker, some of which occurred 6 years before the rape was admissible. The court overturned the attacker's guilty verdict and he went free. Advocates for rape victims rights were outraged. This article provides an analysis and critique of …
The European Convention On Human Rights And The Control Of Private Law, Richard Kay
The European Convention On Human Rights And The Control Of Private Law, Richard Kay
Richard Kay
This article explores the evolution of the European Convention on Human Rights' applicability in private law through the development of the concept of positive obligations on states party. It explores the case law of the European Court of Human Rights primarily through the case of Pla and Puncernau v . Andorra, looking at the Court's willingness to review domestic courts' interpretation and regulation of private transactions. It considers the impact of this jurisprudence in the context of other doctrinal instruments emphasizing the consequent potential expansion of the Court's jurisdiction
Thinking About Presidents, John C. Yoo, Robert Delahunty
Thinking About Presidents, John C. Yoo, Robert Delahunty
John C Yoo
Why are some Presidents great and others not? Does their attitude toward the Constitution have anything to do with it? What do legal scholars have to contribute to presidential studies? This paper reviews and uses data from the book "Presidential Leadership" to suggest possible relationships between presidential success and their approach to constitutional interpretation. It argues that the formalist versus functionalist debate over the separation of powers has reached a stalemate, and that constitutional law can gain by study of political science approaches to the Presidency. It also suggests that presidential studies, which views reliance on a president's constitutional powers …
Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author)
Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author)
Shubhankar Dam
The Indian Supreme Court has been praised as one of the most socially active courts in the world, especially so in the environmental field. Yet it is arguable that many of the benefits claimed for judicial involvement are far from real. Three phases of activism are identified. In the 1970s, the Court developed the concept of environmental rights based on ensuring that the directive principles of state policy and the fundamental right to life contained the Constitution worked in mutual support. This was followed by a period when the Court extended liability principles. The most recent and most controversial phase …
Vineet Narain V Union Of India: A Court Of Law And Not Justice: Is The Indian Supreme Court Bound By The Indian Constitution, Shubhankar Dam
Vineet Narain V Union Of India: A Court Of Law And Not Justice: Is The Indian Supreme Court Bound By The Indian Constitution, Shubhankar Dam
Shubhankar Dam
The last twenty five years are an “impressive” chronicle of the Indian Supreme Court in action. Its novel functioning has changed the internal dynamics of Indian polity in a manner unknown to constitutional democracies. From an institution entrusted with the task of adjudicating disputes between parties, the Indian Supreme Court has transformed itself into an institution enjoined to promote the ideals of a socio-economic and political justice. Its prior role as an “adjudicator” has undergone a reappraisal. The judges therein are no more adjudicators but activists, energetically contributing to the accomplishment of India's constitutional vision. In this new creation, they …
Lawmaking Beyond Lawmakers: The Little Right And The Great Wrong, Shubhankar Dam
Lawmaking Beyond Lawmakers: The Little Right And The Great Wrong, Shubhankar Dam
Shubhankar Dam
No abstract provided.
The Opacity Of Transparency, Mark Fenster
The Opacity Of Transparency, Mark Fenster
Mark Fenster
Inherently Dangerous: The Potential For An Internet-Specific Standard Restricting Speech That Performs A Teaching Function, H. Brian Holland
Inherently Dangerous: The Potential For An Internet-Specific Standard Restricting Speech That Performs A Teaching Function, H. Brian Holland
H. Brian Holland
No abstract provided.
Ley Orgánica De Transparencia Y Acceso A La Información Pública, Comentada, Juan Carlos Riofrío Martínez-Villalba
Ley Orgánica De Transparencia Y Acceso A La Información Pública, Comentada, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
No abstract provided.
The Supreme Court Appointments Process: Improved Federal-Provincial Relations Vs. Democratic Renewal?, Sujit Choudhry
The Supreme Court Appointments Process: Improved Federal-Provincial Relations Vs. Democratic Renewal?, Sujit Choudhry
Sujit Choudhry
The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan
The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan
Donald J. Kochan
Can a man be the Director of the Women's Bureau at the Department of Labor? According to Congress, the answer is no. Congress has stated by statute that a woman must be the nominee to head the Women's Bureau at the Department of Labor. The key questions are: (1) even if it makes sense on policy grounds, is it constitutional? and (2) if we accept such a statutory limitation power what are the potential precedential consequences for other appointment matters? This Article's case study is particularly relevant today, examining just how far Congress can go to limit the discretion of …