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Articles 1861 - 1890 of 3004
Full-Text Articles in Law
Video Poker And The Lottery Clause: Where Common Law And Common Sense Collide, Michael William Eisenrauch
Video Poker And The Lottery Clause: Where Common Law And Common Sense Collide, Michael William Eisenrauch
South Carolina Law Review
No abstract provided.
Constitutional Law, Robin Jean Davis, Louis J. Palmer Jr.
Constitutional Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Grab Bag Of Principles Or Principled Grab Bag: The Constitutionalization Of Common Law, Samuel C. Kaplan
Grab Bag Of Principles Or Principled Grab Bag: The Constitutionalization Of Common Law, Samuel C. Kaplan
South Carolina Law Review
No abstract provided.
Globalization And The United States Constitution: How Much Can It Accommodate, James M. Boyers
Globalization And The United States Constitution: How Much Can It Accommodate, James M. Boyers
Indiana Journal of Global Legal Studies
No abstract provided.
The Morality Of Regulation, Loren A. Smith
The Morality Of Regulation, Loren A. Smith
William & Mary Environmental Law and Policy Review
No abstract provided.
Notes On Notes, Margaret G. Stewart
Losing Jerusalem - Rfra And The Vocation Of Legal Crusader, Steven D. Smith
Losing Jerusalem - Rfra And The Vocation Of Legal Crusader, Steven D. Smith
William & Mary Law Review
No abstract provided.
Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman
Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman
All Faculty Scholarship
Contemporary disputes over the First Amendment often result in deadlock. One side stresses the paramount value of free speech, while the other side points to the harms that particular kinds of speech can cause. It is difficult to see how this impasse can be broken without a more general account of the scope of free expression: a view that integrates both the justifications and the limits of freedom of speech into a coherent whole. This Article makes a start toward developing such a theory. Its central thesis is that freedom of speech is a right that is limited by the …
The Supreme Court As An Enforcement Agency, Harold J. Krent
The Supreme Court As An Enforcement Agency, Harold J. Krent
All Faculty Scholarship
No abstract provided.
City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton
City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton
Articles
No abstract provided.
Congress, The Court, And The Constitution: Hearing Before The Subcommittee On The Constitution Of The Committee On The Judiciary, House Of Representatives, One Hundred Fifth Congress, Second Session, Charles T. Canady, Robert C. Scott, Louis Fisher, David P. Currie, Neal Devins, Neil Kinkopf, Nadine Strossen, Matthew J. Franck, Robert L. Clinton, Henry J. Hyde, Melvin L. Watt
Congress, The Court, And The Constitution: Hearing Before The Subcommittee On The Constitution Of The Committee On The Judiciary, House Of Representatives, One Hundred Fifth Congress, Second Session, Charles T. Canady, Robert C. Scott, Louis Fisher, David P. Currie, Neal Devins, Neil Kinkopf, Nadine Strossen, Matthew J. Franck, Robert L. Clinton, Henry J. Hyde, Melvin L. Watt
Congressional Testimony
No abstract provided.
Comment, The Green Aspects Of Printz: The Revival Of Federalism And Its Implications For Environmental Law, Jonathan H. Adler
Comment, The Green Aspects Of Printz: The Revival Of Federalism And Its Implications For Environmental Law, Jonathan H. Adler
Faculty Publications
This Comment reviews the Printz decision in the context of the Supreme Court's recent federalism jurisprudence and assesses its implications for environmental law. Part I provides a brief historical overview of the federal-state relationship in the environmental context and recent Supreme Court decisions on federalism. Part II discusses and evaluates the Printz decision. Part III applies the Supreme Court holdings in Printz and related federalism cases to current environmental policies and identifies federal environmental programs that are constitutionally suspect. Finally, Part IV addresses the public policy concern that limiting the federal government's power in the environmental context will inevitably weaken …
Signs Of Danger - The Third Circuit Emphasizes Foreseeability As The Crucial Element In The State-Created Danger Theory: Morse V. Lower Merion School District, Christina M. Madden
Signs Of Danger - The Third Circuit Emphasizes Foreseeability As The Crucial Element In The State-Created Danger Theory: Morse V. Lower Merion School District, Christina M. Madden
Villanova Law Review (1956 - )
No abstract provided.
The Quest To Find The Meaning Of The First Amendment, Mark C. Alexander
The Quest To Find The Meaning Of The First Amendment, Mark C. Alexander
Seattle University Law Review
Professor William Van Alstyne has been a prolific and influential scholar, discussing First Amendment questions throughout his career. He has authored dozens of law review articles that are frequently cited in varying contexts, including at least twenty cites in U.S. Supreme Court opinions. He also has done what few others have done with his scholarly agenda by writing consistently and powerfully on the major aspects of the First Amendment – Free Speech, Press, and Religion – and their interrelation. He has added to his numerous contributions by providing a thorough and insightful casebook, First Amendment Cases and Materials, which …
Islamic Law As A Source Of Constitutional Law In Egypt: The Constitutionalization Of The Sharia In A Modern Arab State, Clark B. Lombardi
Islamic Law As A Source Of Constitutional Law In Egypt: The Constitutionalization Of The Sharia In A Modern Arab State, Clark B. Lombardi
Articles
No abstract provided.
United States Supreme Court: 1998 Term, Paul C. Giannelli
United States Supreme Court: 1998 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr.
El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr.
Law Faculty Scholarship
No abstract provided.
Commandeering, The Tenth Amendment, And The Federal Requisition Power: New York V. United States Revisited, Erik M. Jensen
Commandeering, The Tenth Amendment, And The Federal Requisition Power: New York V. United States Revisited, Erik M. Jensen
Faculty Publications
The Supreme Court's recent Tenth Amendment decisions, New York v. United States and Printz v. United States, have relied on the original understanding to hold that the Congress may not compel state officials to enact or administer federal programs. We present evidence from the field of taxation that raises questions about the Court's originalist approach to the Tenth Amendment. We explain why the results in New York and Printz are superficially supported by the history of the widely discredited system of requisitions that prevailed under the Articles of Confederation: the Constitution created a system of indirect and direct taxation to …
Contingency Fees May Be Hazardous To Your Health: A Constitutional Analysis Of Congressional Interference With Tobacco Litigation Contracts, Kris W. Kobach
Contingency Fees May Be Hazardous To Your Health: A Constitutional Analysis Of Congressional Interference With Tobacco Litigation Contracts, Kris W. Kobach
South Carolina Law Review
No abstract provided.
Inculcating Constitutional Values, William K. Kelley
Inculcating Constitutional Values, William K. Kelley
Journal Articles
CONSTITUTIONAL LAW. By Gerald Gunther & Kathleen M. Sullivan. Westbury, New York: Foundation Press. 13th edition, 1997. Pp. xciii, 1553. Cloth, $55.95.
CONSTITUTIONAL LAW. By Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, & Mark V. Tushnet. Boston: Aspen Law and Business Education. 3d Edition, 1996. Pp. ciii, 1814. Cloth, $60.00.
The two leading casebooks on Constitutional Law - one an acknowledged classic and the other fast on its way to becoming one - were recently released in new editions at a time when the challenges facing casebook authors seem greater than ever. Despite the Supreme Court's …
Victims' Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution, Robert P. Mosteller
Victims' Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution, Robert P. Mosteller
Faculty Publications
No abstract provided.
Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen Wermiel
Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt
Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Hang On To Your Hats! Terry Into The Twenty-First Century, Eric L. Muller
Hang On To Your Hats! Terry Into The Twenty-First Century, Eric L. Muller
Faculty Publications
No abstract provided.
In Defense Of Jeffrey Wigand: A First Amendment Challenge To The Enforcement Of Employee Confidentiality Agreements Against Whistleblower, Brian Stryker Weinstein
In Defense Of Jeffrey Wigand: A First Amendment Challenge To The Enforcement Of Employee Confidentiality Agreements Against Whistleblower, Brian Stryker Weinstein
South Carolina Law Review
No abstract provided.
Regulatory Takings, Private Property Protection Acts, And The Moragne Principle: A Proposal For Judicial-Legislative Comity, Bruce Burton
Regulatory Takings, Private Property Protection Acts, And The Moragne Principle: A Proposal For Judicial-Legislative Comity, Bruce Burton
South Carolina Law Review
No abstract provided.
The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis
The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis
Articles
Public choice offers an analysis of the Constitution that is broadly consonant with an important aspect of the Framers' own approach. The Framers' values were those largely of the Scottish enlightenment: they believed in progress of civilization-the accumulation of wealth and knowledge. In order to create a structure of society that would accomplish these ends, they relied on another Enlightenment axiom, namely that man is an object of natural science. By understanding the predictable manner in which individuals are likely to behave in given situations, the Framers could shape a constitution that would channel their behavior to meet their Enlightenment …
The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins
The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins
Popular Media
No abstract provided.
The Burdens Of Qualified Immunity: Summary Judgment And The Role Of Facts In Constitutional Tort Law , Alan K. Chen
The Burdens Of Qualified Immunity: Summary Judgment And The Role Of Facts In Constitutional Tort Law , Alan K. Chen
American University Law Review
No abstract provided.
Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan
Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan
Law Faculty Scholarly Articles
This Article scrutinizes the constitutionality of the intent of the Defense of Marriage Act [DOMA]. According to the text of the Act, DOMA's purposes are "to define and protect the institution of marriage," where marriage is defined to exclude same-sex partners. To be constitutionally valid under the Establishment Clause, this notion that heterosexual marriage requires "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular goals …