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Articles 1 - 30 of 57
Full-Text Articles in Law
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.
The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla
The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla
Law and Contemporary Problems
Constitutional challenges to community service programs may be divided into two generic types--those raised by students or parents who object to the requirement of community service, and those raised by students, parents, organizations, or agencies who object to the selection criteria used to include or exclude organizations or agencies eligible to participate in community service programs.
New Trends In Greek Contemporary Constitutional Theory: A Comment On The Interplay Between Reason And Will, Ioannis A. Tassopoulos
New Trends In Greek Contemporary Constitutional Theory: A Comment On The Interplay Between Reason And Will, Ioannis A. Tassopoulos
Duke Journal of Comparative & International Law
No abstract provided.
Reason And Will: A Comment, George C. Christie
Reason And Will: A Comment, George C. Christie
Duke Journal of Comparative & International Law
No abstract provided.
Globalization And Cultural Conflict In Developing Countries: The South African Example, Kevin D. Brown
Globalization And Cultural Conflict In Developing Countries: The South African Example, Kevin D. Brown
Indiana Journal of Global Legal Studies
No abstract provided.
More Sunshine In The Mountain State: The 1999 Amendments To The West Virginia Open Governmental Proceedings Act And Open Hospital Proceedings Act, Brian J. Caveney
More Sunshine In The Mountain State: The 1999 Amendments To The West Virginia Open Governmental Proceedings Act And Open Hospital Proceedings Act, Brian J. Caveney
West Virginia Law Review
No abstract provided.
United States V. Emerson: The Second Amendment As An Individual Right--Time To Settle The Issue, Scott A. Henderson
United States V. Emerson: The Second Amendment As An Individual Right--Time To Settle The Issue, Scott A. Henderson
West Virginia Law Review
No abstract provided.
Constitutional Law, Kevin O'Brien
Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry
Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry
Indiana Law Journal
No abstract provided.
The Charter Of Rights And Freedoms And The Rebalancing Of Liberal Constitutionalism In Canada, 1982-1997, James B. Kelly
The Charter Of Rights And Freedoms And The Rebalancing Of Liberal Constitutionalism In Canada, 1982-1997, James B. Kelly
Osgoode Hall Law Journal
This article presents a statistical analysis of the first 352 Charter of Rights and Freedoms decisions by the Supreme Court of Canada between 1982 and 1997. The author argues that the emerging approach to Charter review by the Supreme Court of Canada has led to a rebalancing of liberal constitutionalism and to a reconciliation between Charter rights and federalism. This stands in stark contrast to the highly activist approach to Charter review detected in studies by Morton, Russell, and Withey and, to a lesser extent, by Morton, Russell, and Riddell. Several factors illustrate the rebalancing of liberal constitutionalism in Canada. …
Kent Greenawalt, Criminal Responsibility, And The Supreme Court: How A Moderate Scholar Can Appear Immoderate Thirty Years Later, Joshua Dressler
Kent Greenawalt, Criminal Responsibility, And The Supreme Court: How A Moderate Scholar Can Appear Immoderate Thirty Years Later, Joshua Dressler
Notre Dame Law Review
No abstract provided.
Constitutional Authorship By The People, Frank I. Michelman
Constitutional Authorship By The People, Frank I. Michelman
Notre Dame Law Review
No abstract provided.
Changing Interpretations Of The Establishment Clause: Financial Support Of Religious Schools, Bryan D. Lemoine
Changing Interpretations Of The Establishment Clause: Financial Support Of Religious Schools, Bryan D. Lemoine
Missouri Law Review
In Wolman v. Walter, Justice Stevens voiced concem that the "'high and impregnable' wall between church and state, has been reduced to a 'blurred, indistinct, and variable barrier.' 2 The court had sacrificed predictability for flexibility? While this may be true in some areas of Establishment Clause jurisprudence, it is no longer true in cases involving benefits to religious organizations. If the programs equally benefit both secular and "similarly situated" religious organizations, there is no violation of the Establishment Clause.4 Jackson v. Benson is an expression of this view. The Wisconsin Supreme Court, in upholding a program designed to provide …
Discovery And The Role Of The Judge In Civil Law Jurisdictions, Geoffrey C. Hazard
Discovery And The Role Of The Judge In Civil Law Jurisdictions, Geoffrey C. Hazard
Notre Dame Law Review
No abstract provided.
Admiralty And The Eleventh Amendment, David J. Bederman
Admiralty And The Eleventh Amendment, David J. Bederman
Notre Dame Law Review
No abstract provided.
Constitutional Faith And The Commerce Clause, Richard A. Epstein
Constitutional Faith And The Commerce Clause, Richard A. Epstein
Notre Dame Law Review
No abstract provided.
Trivial Rights, Philip A. Hamburger
Diverse Perspectives And The Religion Clauses: An Examination Of Justifications And Qualifying Beliefs, Kent Greenawalt
Diverse Perspectives And The Religion Clauses: An Examination Of Justifications And Qualifying Beliefs, Kent Greenawalt
Notre Dame Law Review
No abstract provided.
Free Exercise Of Religion Under The New York Constitution , David H. E. Becker
Free Exercise Of Religion Under The New York Constitution , David H. E. Becker
Cornell Law Review
No abstract provided.
Islamic And American Constitutional Law: Borrowing Possibilities Or A History Of Borrowing?, Azizah Y. Al-Hibri
Islamic And American Constitutional Law: Borrowing Possibilities Or A History Of Borrowing?, Azizah Y. Al-Hibri
Law Faculty Publications
Islam is commonly viewed in the West as being incompatible with democracy. It is also viewed as an "Oriental" religion that has spawned violence and encouraged human rights violations. Because of the historical interaction between the West and Islam, the United States has recently been supporting efforts to export its democratic principles and human rights values to Muslim countries. In this context, the question of constitutional borrowing gains special significance. To assess the possibilities of constitutional borrowing between Islamic countries and the United States, it is important to first discuss the historical relation between the two, as well as between …
Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond
Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond
Indiana Law Journal
No abstract provided.
Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause, Zephyr Rain Teachout
Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause, Zephyr Rain Teachout
Duke Law Journal
No abstract provided.
Something Seems Fishy - The Application Of The Fourth Amendment To Coast Guard Searches Of Vessels: United States V. Boynes Note, Lucille Jewel
Something Seems Fishy - The Application Of The Fourth Amendment To Coast Guard Searches Of Vessels: United States V. Boynes Note, Lucille Jewel
Scholarly Works
No abstract provided.
Sovereignty And Suspicion, Erik G. Luna
Sovereignty And Suspicion, Erik G. Luna
Duke Law Journal
Most academics agree that search and seizure jurisprudence is a "mess." Professor Luna proposes a new approach to the Fourth Amendment founded on a sovereignty-based theory of the Constitution. Under this individual rights model, a government search or seizure of an individual's home or body receives the strongest presumption of invalidity. This presumption, he argues, could only be rebutted in three discrete circumstances: (1) consent by the individual to search his home or body; (2) individualized suspicion of wrongdoing; or (3) real, direct, and substantial threats to the sovereignty of other persons. Apart from these exceptions, governmental intrusions into the …
The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch
The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch
Law and Contemporary Problems
Despite the divergence of opinion regarding the Ethics in Government Act, it appears there is a growing public consensus that the Act is genuinely and seriously flawed. Whether these flaws can be corrected is in serious doubt.
The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood
The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood
Law and Contemporary Problems
No abstract provided.
The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz
The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz
Law and Contemporary Problems
Priester et al provide a comprehensive legal history of the independent counsel statute from its inception in 1978 until its apparent last hurrah in 1999. They also explore the role of the independent counsel in the history and practice of the government's evidentiary privileges.
Mirabile Dictum! The Case For "Unnecessary" Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe
Mirabile Dictum! The Case For "Unnecessary" Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe
John M Greabe
This article contends that, for purposes of settling the law, courts entertaining civil rights lawsuits doomed to fail on grounds of qualified immunity should presumably address the question whether the complaint pleads a viable claim that the defendant caused a violation of the plaintiff's federal rights. The article also contends that such "unnecessary" threshold rulings are not dicta.
Taking The Pennsylvania Constitution Seriously When It Protects The Environment, John C. Dernbach
Taking The Pennsylvania Constitution Seriously When It Protects The Environment, John C. Dernbach
John C. Dernbach
No abstract provided.
The Limits Of The Constitutional Imagination: Equal Protection In The Era Of Assimilation, Erin Daly
The Limits Of The Constitutional Imagination: Equal Protection In The Era Of Assimilation, Erin Daly
Erin Daly
No abstract provided.