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Full-Text Articles in Law
Lochner, Lawrence, And Liberty, Joseph F. Morrissey
Lochner, Lawrence, And Liberty, Joseph F. Morrissey
Georgia State University Law Review
Many of the states of the United States have statutes, constitutional provisions, and court decisions that deny individuals the right to have a family, specifically a spouse and children, based on sexual orientation.
Advocates have made a wide variety of arguments attacking such restrictions. Scholars and litigants frequently argue that such acts violate constitutional guarantees of equal protection or invade a constitutional right to privacy. However, such arguments are often defeated by counter arguments presented with religious, moral, and even emotional fervor.
This article presents and defends a new analytical framework based on liberty of contract to advance gay rights. …
The End Of Innocence? Federal Habeas Corpus Law After In Re Davis, Joshua M. Lott
The End Of Innocence? Federal Habeas Corpus Law After In Re Davis, Joshua M. Lott
Georgia State University Law Review
“This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent.” Justice Scalia may already be well known for a strict approach to statutory construction, but his dissenting statement in the 2009 Supreme Court decision, In re Davis, caused quite a buzz among national media. Although callous in appearance, Justice Scalia’s words provide a technically correct reading of Supreme Court precedent and federal habeas corpus law: actual innocence is not a recognized claim of …
The Supreme Court's "New" Federalism: An Anti-Rights Agenda?, Mitchell F. Crusto
The Supreme Court's "New" Federalism: An Anti-Rights Agenda?, Mitchell F. Crusto
Georgia State University Law Review
No abstract provided.
Dale V. Boy Scouts Of America: New Jersey's Law Against Discrimination Weighs The Balance Between The First Amendment And The State's Compelling Interest In Eradicating Discrimination, Karen L. Dayton
Georgia State University Law Review
No abstract provided.
Another Case Of Freedom Vs. Safety: Stretching The First Amendment To Protect The Publication Of Murder Manuals-Bradenburg Need Not Apply?, Robert J. Coursey Iii
Another Case Of Freedom Vs. Safety: Stretching The First Amendment To Protect The Publication Of Murder Manuals-Bradenburg Need Not Apply?, Robert J. Coursey Iii
Georgia State University Law Review
No abstract provided.
Can Judicial Independence Be Attained In The South? Overcoming History, Elections, And Misperceptions About The Role Of The Judiciary, Stephen B. Bright
Can Judicial Independence Be Attained In The South? Overcoming History, Elections, And Misperceptions About The Role Of The Judiciary, Stephen B. Bright
Georgia State University Law Review
No abstract provided.
Judicial Independence: Playing Politics With The Constitution, Suzanna Sherry
Judicial Independence: Playing Politics With The Constitution, Suzanna Sherry
Georgia State University Law Review
No abstract provided.
Researching Georgia Law (1998 Edition), Nancy P. Johnson, Nancy Adams Deel
Researching Georgia Law (1998 Edition), Nancy P. Johnson, Nancy Adams Deel
Georgia State University Law Review
No abstract provided.
O'Hare Truck Service, Inc. V. City Of Northlake: Further Limiting The Spoils Of The Victor, Jaimie Johnson
O'Hare Truck Service, Inc. V. City Of Northlake: Further Limiting The Spoils Of The Victor, Jaimie Johnson
Georgia State University Law Review
No abstract provided.
Researching Georgia Law, Nancy P. Johnson, Nancy Adams Deel
Researching Georgia Law, Nancy P. Johnson, Nancy Adams Deel
Georgia State University Law Review
No abstract provided.
A Constitutional Analysis Of Compulsory School Attendance Laws In The Southeast: Do They Unlawfully Interfere With Alternatives To Public Education?, Mark H. Murphy
Georgia State University Law Review
No abstract provided.