Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Universitas Indonesia (584)
- Seattle University School of Law (269)
- American University Washington College of Law (211)
- Yeshiva University, Cardozo School of Law (101)
- BLR (44)
-
- Washington and Lee University School of Law (43)
- University of Georgia School of Law (37)
- Touro University Jacob D. Fuchsberg Law Center (35)
- Schulich School of Law, Dalhousie University (32)
- Georgetown University Law Center (26)
- The Peter A. Allard School of Law (26)
- Brooklyn Law School (25)
- DePaul University (24)
- UIC School of Law (22)
- Brigham Young University Law School (21)
- Northwestern Pritzker School of Law (18)
- Maurer School of Law: Indiana University (16)
- University of Miami Law School (16)
- Pace University (14)
- University of Michigan Law School (13)
- University of Washington School of Law (13)
- Villanova University Charles Widger School of Law (13)
- New York Law School (12)
- Penn State Dickinson Law (12)
- Roger Williams University (12)
- Columbia Law School (11)
- Notre Dame Law School (11)
- Pepperdine University (11)
- Vanderbilt University Law School (11)
- Florida A&M University College of Law (8)
- Keyword
-
- Constitutional Law (100)
- Human rights (88)
- Human Rights Law (82)
- Constitutional law (62)
- Constitution (54)
-
- Civil Rights and Discrimination (35)
- International Law (35)
- Discrimination (32)
- Due process (31)
- Law (31)
- Supreme Court (30)
- Human Rights (29)
- Law and Society (28)
- First Amendment (27)
- International law (26)
- Immigration (25)
- Abortion (23)
- Thirteenth Amendment (23)
- Civil rights (22)
- Jurisprudence (21)
- Slavery (21)
- United States (21)
- Civil Rights (20)
- Privacy (20)
- Religion (20)
- Fourteenth Amendment (19)
- Legislation (19)
- Environmental law (17)
- Immigration Law (17)
- Women (17)
- Publication Year
- Publication
-
- Jurnal Hukum & Pembangunan (451)
- Seattle University Law Review (226)
- Sustainable Development Law & Policy (173)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (123)
- Cardozo Law Review (50)
-
- Faculty Scholarship (46)
- ExpressO (43)
- Washington and Lee Journal of Civil Rights and Social Justice (34)
- Georgia Journal of International & Comparative Law (32)
- Touro Law Review (29)
- Seattle Journal for Social Justice (26)
- All Faculty Publications (25)
- Georgetown Law Faculty Publications and Other Works (25)
- DePaul Business & Commercial Law Journal (24)
- UIC Law Review (21)
- Articles, Book Chapters, & Popular Press (20)
- Brooklyn Journal of International Law (19)
- Articles (18)
- BYU Law Review (18)
- American University Law Review (15)
- American Indian Law Journal (14)
- Washington Law Review (13)
- Scholarly Works (12)
- Northwestern Journal of Law & Social Policy (11)
- Cardozo Journal of Equal Rights & Social Justice (9)
- Cardozo Journal of International and Comparative Law (9)
- Vanderbilt Journal of Transnational Law (9)
- Articles & Chapters (8)
- Faculty Articles (8)
- Michigan Law Review (8)
- Publication Type
Articles 1591 - 1620 of 1970
Full-Text Articles in Constitutional Law
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore
Legislation and Policy Brief
In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …
Childhood Obesity: Balancing The Nation's Interest With A Parent's Constitutional Right To Privacy, Denise Cohen
Childhood Obesity: Balancing The Nation's Interest With A Parent's Constitutional Right To Privacy, Denise Cohen
Cardozo Public Law, Policy & Ethics Journal
The note argues that governmental intervention into parental rights regarding childhood obesity is constitutionally justifiable under strict scrutiny, as it serves the compelling interests of both the child's well-being and societal welfare. While the constitutional right to privacy in parenting is fundamental, it is not absolute, and the growing public health crisis of childhood obesity necessitates narrowly tailored measures to hold parents accountable. The analysis proposes that existing legal frameworks, such as neglect statutes, can be effectively applied to address severe cases of childhood obesity, balancing individual rights with public health needs.
Check-In, Attendees Of The Symposium
Check-In, Attendees Of The Symposium
NJTIP Annual Symposium
Check-in for the Northwestern Journal of Technology and Intellectual Property's 7th Annual Symposium
Constitutional Democracy, Human Dignity, And Entrenched Evil, Mark A. Graber
Constitutional Democracy, Human Dignity, And Entrenched Evil, Mark A. Graber
Pepperdine Law Review
The following essay pays tribute to Sandy Levinson's thoughts on constitutional compromises by paying tribute to the thoughts on constitutional compromises by our common mentor, Walter Murphy. Rather than directly engage in a dialogue with Compromise and Constitutionalism, the analysis below joins the preexisting dialogue between Professors Levinson and Murphy on how to construct a decent polity among people who have deep disputes over what constitutes political decency. Walter Murphy is unfortunately largely known to legal audiences only through the work of such outstanding mentees as Sandy Levinson, Jim Fleming, Christopher Eisgruber, Andrew Koppelman, Jennifer Nedelsky, and Robert George. Walter …
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
Faculty Working Papers
The pirates of the Caribbean are back. Not in another fantastical film but in the litigation over the reach of the Alien Tort Statute (ATS). For the first time since they dealt with the legal issues raised by a wave of maritime predation in the Caribbean in the early nineteenth century, Supreme Court justices are seriously discussing piracy. This crime has emerged as the test case for evaluating the major controversies about the reach of the statute -- namely, extraterritorial application and the existence of corporate liability. At oral argument in Kiobel v. Royal Dutch Shell, justices of all persuasions …
Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky
Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky
Touro Law Review
Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore
Articles
In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …
United States V. White: Further Unbalancing The Judicial Analysis Of Forcible Medication Of Defendants Found Incompetent To Stand Trial, Cynthia Polasko
United States V. White: Further Unbalancing The Judicial Analysis Of Forcible Medication Of Defendants Found Incompetent To Stand Trial, Cynthia Polasko
Maryland Law Review
No abstract provided.
Rights, Reservations, And Religion; International Human Rights Law And The Status Of Women, Mark Goldfeder
Rights, Reservations, And Religion; International Human Rights Law And The Status Of Women, Mark Goldfeder
Scholarly Works
While human rights law in its current form is less than fifty years old, the issues that it grapples with are much, much older. People oftentimes dismiss religion or religious norms as being out of date, close-minded, or old-fashioned, and label religious views as discriminatory in theory or even in practice. In reality, religions have been dealing with human rights issues since ancient times, and in some ways have laid the groundwork for the very modern discussions that have supplanted them. The answers that religions give, therefore, deserve at the very least a careful and respectful analysis before they are …
Imagining A Right To Housing, Lying In The Interstices, Shelby D. Green
Imagining A Right To Housing, Lying In The Interstices, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This article explores whether the philosophical and constitutional predicates for the recognition of a right to housing exist in some form in our nation’s jurisprudence and political order. Part II traces the evolution of the concept of “rights” from that embraced by the country’s founders to the present, how such a right to housing would fit within the dialogue of property rights, the notion of ownership, and the interest in liberty. Part III discusses the historical role of the court in protecting housing. Part IV discusses the notion of protecting rights to housing under existing equal protection and due process …
Changing Burma From Without: Political Activism Among The Burmese Diaspora, David C. Williams
Changing Burma From Without: Political Activism Among The Burmese Diaspora, David C. Williams
Indiana Journal of Global Legal Studies
This Article examines the role that the Burmese diaspora plays from afar in influencing reform inside the country. It offers a brief history of the crisis in Burma as background for identifying the various elements of the diaspora: those on the run from the military; those in camps for internally displaced persons and refugees; migrant workers; leaders of the democracy movement active on Burma's borders; asylees; and professional activists with influence on the international community. The different groups use the different strategies available to them. The leadership on the borders is helping to lead the democracy movement inside the country; …
The Secular And Religious Legal Framework Of Afghanistan As Compared To Western Notions Of Equal Protection And Human Rights Treaties: Is Afghanistan's Legal Code Facially Consistent With Sex Equality?, Laura Belkner
Cardozo Journal of International and Comparative Law
The note examines Afghanistan's legal framework, arguing that while it is facially consistent with sex equality as per the Afghan Constitution and international treaties, the practical implementation is hindered by cultural and traditional practices. This discrepancy highlights the gap between legal provisions and real-world application.
Where Liberty Lies: Civil Society And Individual Rights After 9/11, David Cole
Where Liberty Lies: Civil Society And Individual Rights After 9/11, David Cole
Georgetown Law Faculty Publications and Other Works
Had someone told you, on September 11, 2001, that the United States would not be able to do whatever it wanted in response to the terrorist attacks of that day, you might well have questioned their sanity. The United States was the most powerful country in the world, and had the world’s sympathy in the immediate aftermath of the attacks. Who would stop it? Al Qaeda had few friends beyond the Taliban. As a historical matter, Congress and the courts had virtually always deferred to the executive in such times of crisis. And the American polity was unlikely to object …
Constitutional Catastrophe: The National Defense Authorization Act Vs. The Bill Of Rights, Shahid Buttar
Constitutional Catastrophe: The National Defense Authorization Act Vs. The Bill Of Rights, Shahid Buttar
Public Interest Law Reporter
No abstract provided.
Electronic Discovery And The Constitution: Inaccessible Justice, Jennifer M. Smith
Electronic Discovery And The Constitution: Inaccessible Justice, Jennifer M. Smith
Journal Publications
Computers are the cynosure of American society. As a result, most information is stored electronically and only a small amount of information ever becomes a paper document. This explosion of electronically stored information has affected every aspect of society, including the court system. Litigation is drastically different than a few years ago due to this onset of electronically stored information. The discovery of electronically stored information in litigation has become known as electronic discovery. For many, electronic discovery is expensive and complicated, and thus, litigants are settling frivolous cases to avoid the costs and complexities of engaging in discovery to …
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Articles, Book Chapters, & Popular Press
With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …
Insecure Refugees: The Narrowing Of Asylum-Seeker Rights To Freedom Of Movement And Claims Determination Post-9/11 In Canada, Constance Macintosh
Insecure Refugees: The Narrowing Of Asylum-Seeker Rights To Freedom Of Movement And Claims Determination Post-9/11 In Canada, Constance Macintosh
Articles, Book Chapters, & Popular Press
This chapter has a modest goal: to track some legislative changes since 9/11 which impact on two rights of asylum-seekers where those changes are linked to or justified by security concerns. These are the rights of asylum-seekers to have their claim determined, and to not be detained. This article identifies how legislation restricting these key rights of asylum-seekers has largely been promoted as necessary for Canada to be able to protect its public from criminality and security threats. The article thus queries whether measures, especially those introduced under Bill C-11, The Balanced Refugee Reform Act and those proposed under Bill …
Judicial Engagement Through The Lens Of Lee Optical, Randy E. Barnett
Judicial Engagement Through The Lens Of Lee Optical, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Keynote remarks at the symposium on "Judicial Engagement and the Role of Judges in Enforcing the Constitution", delivered on March 22, 2012 at the George Mason University School of Law.
From Smith To Smickle: The Charter's Minimal Impact On Mandatory Minimum Sentences, Debra Parkes
From Smith To Smickle: The Charter's Minimal Impact On Mandatory Minimum Sentences, Debra Parkes
All Faculty Publications
This paper attempts to assess the impact that the Canadian Charter of Rights and Freedoms has had, and may have in the near future, on mandatory minimum sentences and their legislated proliferation. To answer those questions, the paper first briefly reviews the Supreme Court of Canada case law on the constitutionality of mandatory minimum sentences. The next two sections will outline the approach taken in the recent Smickle decision in the Ontario Superior Court of Justice before moving on to argue that courts should subject the purported goals, justifications and implications of mandatory minimum sentences to a more searching form …
The 'Great Writ' Reinvigorated? Habeas Corpus In Contemporary Canada, Debra Parkes
The 'Great Writ' Reinvigorated? Habeas Corpus In Contemporary Canada, Debra Parkes
All Faculty Publications
This short prelude to Professor James Oldham’s 2nd Annual DeLloyd J Guth Visiting Lecture in Legal History, “Habeas Corpus, Legal History and Guantanamo Bay,” discusses some of ways that the writ of habeas corpus plays an important role in promoting access to justice and protecting basic liberty interests in contemporary Canadian law. The focus will be on developments in the law since the Canadian Charter of Rights and Freedoms was enacted, touching on two important features of a modern doctrine of habeas corpus, namely flexibility and gap-filling, both of which Professor Oldham also develops in his essay.
Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal
Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal
Connecticut Public Interest Law Journal
No abstract provided.
The Intersection Of Laicite And American Secularism: The French Burqa Ban In The Context Of United States Constitutional Law, Mary-Caitlin Ray
The Intersection Of Laicite And American Secularism: The French Burqa Ban In The Context Of United States Constitutional Law, Mary-Caitlin Ray
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Referenda And The District Of Columbia's Human Rights Act: Voting On Same-Sex Marriage In The Nation's Capital, Jacob Stewart
Referenda And The District Of Columbia's Human Rights Act: Voting On Same-Sex Marriage In The Nation's Capital, Jacob Stewart
Legislation and Policy Brief
Beginning with Massachusetts in 2003, the courts and legislatures of many states have had to decide whether same-sex marriage is or should be a fundamental right under their respective constitutions. Although only five states and the District of Columbia legally perform same-sex marriages, a few other jurisdictions are in the process of proposing laws moving in that direction. However, the vast majority of states are holding fast to the traditional heterosexual definition of marriage. Thirty-eight states have adopted some sort of Defense of Marriage Act, constitutional amendment, or similar measure that defines marriage as the union between one man and …
Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran
Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran
Law Faculty Scholarship
No abstract provided.
The Political (And Other) Safeguards Of Religious Freedom, Richard W. Garnett
The Political (And Other) Safeguards Of Religious Freedom, Richard W. Garnett
Cardozo Law Review
No abstract provided.
The Mandatory Death Penalty And A Sparsely Worded Constitution, Jack Tsen-Ta Lee
The Mandatory Death Penalty And A Sparsely Worded Constitution, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
It was not unexpected that the Singapore Court of Appeal would reaffirm the constitutionality of the mandatory death penalty for certain forms of drug trafficking in Yong Vui Kong v Public Prosecutor [2010] 3 S.L.R 489. ... The appellant made submissions based on Articles 9(1) and 12(1) of the Constitution, which respectively guarantee rights to life and personal liberty, and to equality before the law and equal protection of the law. This note examines aspects of the Article 9(1) arguments.
The District Of Columbia V. The 50 States: A 21st Century Lawsuit To Remedy An 18th Century Injustice, Timothy Cooper
The District Of Columbia V. The 50 States: A 21st Century Lawsuit To Remedy An 18th Century Injustice, Timothy Cooper
University of the District of Columbia Law Review
No abstract provided.
Out Of The Garden Of Eden: Moving Beyond The Rights-Based Agenda In The Urban Sector, Benjamin Bradlow
Out Of The Garden Of Eden: Moving Beyond The Rights-Based Agenda In The Urban Sector, Benjamin Bradlow
Sustainable Development Law & Policy
No abstract provided.
A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina, Oded Cedar
A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina, Oded Cedar
Sustainable Development Law & Policy
No abstract provided.
Standing On Their Own: The Parallel Rights Of Young People To Participate In Planning Process Es And Defend Those Rights, Dawn Jourdan
Standing On Their Own: The Parallel Rights Of Young People To Participate In Planning Process Es And Defend Those Rights, Dawn Jourdan
Sustainable Development Law & Policy
No abstract provided.