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Articles 2491 - 2520 of 3542
Full-Text Articles in Law
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.
Terms Of Endearment And Articles Of Impeachment, Christopher Slobogin, Charles W. Collier
Terms Of Endearment And Articles Of Impeachment, Christopher Slobogin, Charles W. Collier
Vanderbilt Law School Faculty Publications
It is a long-established principle that presidential impeachment is an appropriate remedy only for "high Crimes and Misdemeanors" of a public nature (with the possible exception of private crimes so heinous that the President "cannot be permitted to remain at large"). The crux of this Essay's argument is that the President's affair with Monica Lewinsky was a private matter that was not rendered "public" simply because Mr. Clinton lied about it. With its vote against removing the President, the Senate seemed to agree.
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.
Trivial Rights, Philip A. Hamburger
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.
Admiralty And The Eleventh Amendment, David J. Bederman
Admiralty And The Eleventh Amendment, David J. Bederman
Notre Dame Law Review
No abstract provided.
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.
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 …
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.
Constitutional Authorship By The People, Frank I. Michelman
Constitutional Authorship By The People, Frank I. Michelman
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.
Something Seems Fishy - The Application Of The Fourth Amendment To Coast Guard Searches Of Vessels: United States V. Boynes Note, Lucille A. Jewel
Something Seems Fishy - The Application Of The Fourth Amendment To Coast Guard Searches Of Vessels: United States V. Boynes Note, Lucille A. Jewel
Scholarly Works
No abstract provided.
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.
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 …
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.
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 …
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
Law Faculty Scholarship
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.
Separate Claim Removal Vs. Article Iii: Is Section 1441(C) Unconstitutional, Daniel R. Vega
Separate Claim Removal Vs. Article Iii: Is Section 1441(C) Unconstitutional, Daniel R. Vega
St. Thomas Law Review
It is an axiomatic principle of law that federal courts are courts of limited jurisdiction. Hence, a congressional enactment that purports to grant the federal district courts subject matter jurisdiction over state law claims absent diversity of citizenship or supplemental jurisdiction should not survive an Article III case or controversy analysis. Inexplicably, however, the application of the present separate and independent claim removal statute does just that. It allows a federal district court to exercise jurisdiction over state law claims absent any federal jurisdictional justification. In United Mine Workers of America v. Gibbs,3 the Supreme Court of the United States …
Juvenile Curfew Challenges In The Federal Courts: A Constitutional Conundrum Over The (Less Than) Fundamental Rights Of Minors', Charles W. Gerdes
Juvenile Curfew Challenges In The Federal Courts: A Constitutional Conundrum Over The (Less Than) Fundamental Rights Of Minors', Charles W. Gerdes
St. Thomas Law Review
The purpose of this Comment is to examine the inconsistency of analytical methodology that has been employed in the federal courts to determine whether the fundamental rights of minors are coextensive with those of adults in a given regulatory scheme. Specifically, the Comment focuses on this analysis in the context of juvenile curfew ordinance challenges. Further, the Comment proposes a substantive analytical methodology that implements the instruction of Supreme Court precedent in the realm of minors' constitutional rights. To achieve this purpose, the Comment necessarily investigates Supreme Court decisions analyzing the coextensive nature of a minor's fundamental rights. In some …
Controversial Speakers On Campus: Liberties, Limitations, And Common-Sense Guidelines, Kenneth Lasson
Controversial Speakers On Campus: Liberties, Limitations, And Common-Sense Guidelines, Kenneth Lasson
St. Thomas Law Review
This article reviews the historical context of controversial speakers on campus, examines various liberties and limitations accorded them under the Constitution, and suggests clear and effective standards for dealing with contentious speech in an academic setting.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
A Framework For Analyzing The Constitutionality Of Restrictions On Federal Court Jurisdiction In Immigration Cases, Erwin Chemerinsky
A Framework For Analyzing The Constitutionality Of Restrictions On Federal Court Jurisdiction In Immigration Cases, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Taking Machismo To Court: The Gender Jurisprudence Of The Colombian Constitutional Court, Martha I. Morgan
Taking Machismo To Court: The Gender Jurisprudence Of The Colombian Constitutional Court, Martha I. Morgan
University of Miami Inter-American Law Review
No abstract provided.
Whistling Dixie: The Invalidity And Unconstitutionality Of Covenants Against Yankees, Alfred L. Brophy, Shubha Ghosh
Whistling Dixie: The Invalidity And Unconstitutionality Of Covenants Against Yankees, Alfred L. Brophy, Shubha Ghosh
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Thou Shalt Not Politic: A Principled Approach To Section 501 (C)(3)’S Prohibition Of Political Campaign Activity , Joseph S. Klapach
Thou Shalt Not Politic: A Principled Approach To Section 501 (C)(3)’S Prohibition Of Political Campaign Activity , Joseph S. Klapach
Cornell Law Review
No abstract provided.
Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder
Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder
Law and Contemporary Problems
The fundamental flaw in the independent counsel statute consists of its attempt to convert a political decision, the decision whether to refer to a case of public corruption to an investigator outside normal prosecutorial offices, into a legal one. When the Independent Counsel Reauthorization Act of 1994 expires on Jun 30, 1999, it should not be reenacted unless this flaw is eliminated.