Constitutional Law Commons^™

V.D. Mahajan's Constitutional Law Of India, Eighth Edition, Sanjay Jain

Books

Thoroughly revised by Dr. Sanjay Jain after 32 years, this edition of V.D. Mahajan's classic will aid students of Constitutional law in their quest to understand and study this magnificent document from a refreshing new perspective.

Political Legitimacy On College Campuses, Taylor Holtman

Honors Projects

The government system is looked to have an influential impact on a person’s life and the ability to trust the legal system is extremely important to have a working democracy. Changes need to be made in order to make the minorities feel like they belong. The history of segregation and descrimigation needs to end and the government needs to enact policies to make the minorities trust again in the system. College students have felt the pressure of social media in the wrongful treatment of minorities and seeing these things happen first hand. With the rise of technology these problems will …

Constitutional Foundations For Public Health Practice: Key Terms And Principles, Fazal Khan, Marice Ashe

Scholarly Works

This chapter introduces the structure of the government in the United States and the concept of “separation of powers" among the federal, state, and local governments. It introduces core legal principles from the U.S. Constitution that frame the authority of the government to enact and enforce laws to protect and promote the public's health. These Constitutional principles are essential for the health advocate and leader to understand because every federal, state, and local law must comply with them. The core principles include the enumerated powers of the federal government and the broad plenary powers of state and local governments—which we …

The Interaction Of The Parliament And Government In The Legislative Process, Khayitjon Turdiev

Review of law sciences

This article analyzes the role of the executive branch in the law-making process in the legislative activity and in ensuring the balance of interests in the system of separation of powers. The relationship of the government with the parliament in the legislative process and the functions of implementing the rules established by the legislature are also researched. The author, studying the best foreign experience, carried out proposals and recommendations for further improvement of these relations in Uzbekistan.

The Issues Of The Execution Of Court Decisions On Invalidating Departmental Normative Legal Acts, Dilmurod Аrtikov

Review of law sciences

The article analyzes the issues of the execution of court decisions on invalidating departmental normative legal acts based on national legislation from scientific and theoritical perspectives. In addition, the article presents recommendations on legislation alongside with their explanation.

Informational And Analytical Support Of The Activity Of Chambers Of The Oliy Majlis Of The Republic Of Uzbekistan, Toirkhon Abboskhonov

Review of law sciences

This article analyzes the concept of information and analytical support, its goals and structure, as well as the role in the activity of the chambers of the Oliy Majlis of the Republic of Uzbekistan. Here have been developed theoretical proposals, aimed at revealing the essence of informational and analytical support for chambers of the Oliy Majlis.

Trends In Opinion Writing & Consensus: The Roberts Court, Marti Auburn Liechty

Undergraduate Theses, Professional Papers, and Capstone Artifacts

No abstract provided.

Executive Power And National Security Power, Julian Davis Mortenson, Andrew Kent

Book Chapters

The constitutional text governing national security law is full of gaps, oversights, and omissions. In combination with the authorization principle -- which requires all federal actors to identify particularized authority for their actions -- these gaps have often presented an acute dilemma for Presidents charged with defending the nation. Focusing on three periods in American history, this chapter sketches the historical evolution of how the political branches have responded.

First, the early republic. During this period, presidents responded to the authorization dilemma by seeking highly particularized authorization from the two other constitutional branches of government. Throughout the era, presidents’ claims …

The Role Of Internet Intermediaries In Tackling Terrorism Online, Raphael Cohen-Almagor

Fordham Law Review

Gatekeeping is defined as the work of third parties “who are able to disrupt misconduct by withholding their cooperation from wrongdoers.”1 Internet intermediaries need to be far more proactive as gatekeepers than they are now. Socially responsible measures can prevent the translation of violent thoughts into violent actions. Designated monitoring mechanisms can potentially prevent such unfortunate events. This Article suggests an approach that harnesses the strengths and capabilities of the public and private sectors in offering practical solutions to pressing problems. It proposes that internet intermediaries should fight stringently against terror and further argues that a responsible gatekeeping approach is …

Terrorist Advocacy And Exceptional Circumstances, David S. Han

Fordham Law Review

This Article proceeds as follows. Part I discusses the harmful effects of terrorist advocacy and outlines the present doctrinal treatment of such speech. Part II discusses the issue of exceptional circumstances and highlights the two approaches courts might take to account for them: applying strict scrutiny to the case at hand or broadly reformulating the First Amendment’s doctrinal boundaries. Part III sets forth my central thesis: courts should adhere to case-by-case strict scrutiny analysis, rather than broad doctrinal reformulation, as the initial means of accounting for exceptional circumstances with respect to terrorist advocacy. This approach reflects the vital importance of …

Containing The Uncontainable: Drawing Rico’S Border With The Presumption Against Extraterritoriality, Miranda Lievsay

Fordham Law Review

In Morrison v. National Australia Bank Ltd., the Supreme Court created a two-step test governing the extraterritorial reach of all federal statutes, radically altering the application of U.S. laws. Nowhere has this decision caused more upheaval than in the context of analyzing claims under the Racketeering Influenced and Corrupt Organizations Act (RICO). While courts widely agree that RICO does not apply extraterritorially, courts vehemently disagree about the proper standard to determine when a RICO case is appropriately domestic or impermissibly foreign. This Note explores RICO’s origins, its legislative history, and the evolution of its extraterritorial application in Morrison’s …

Of Secrecy And Punishment, Lauren Sudeall Lucas

Faculty Publications By Year

No abstract provided.

What President Obama Should Have Said About The Supreme Court And The Affordable Care Act, Eric J. Segall

Faculty Publications By Year

No abstract provided.

Can Congress Ban People From Threatening To Burn The Quran? Yes: No Rights Are Absolute, Especially Amid Legitimate Safety Issues, Jessica D. Gabel

Faculty Publications By Year

No abstract provided.

Foreword: Left Out In The Cold - Welcome Remarks, Nadine Strossen

American University Law Review

No abstract provided.

On American Voter Confidence, R. Michael Alvarez, Thad E. Hall, Morgan Llewellyn

University of Arkansas at Little Rock Law Review

No abstract provided.

Relations Between The Maritimes And The Supreme Court Of Canada: The Patterns Of The Early Years, James G. Snell

Dalhousie Law Journal

When establishment of a supreme court for the young Canadian Confederation was first mooted after 1867, reaction in the Maritimes was strikingly positive. The Halifax Morning Chronicle, for example, which by no means was yet reconciled to the new British North American union and which saw the court quite accurately as "securing and centralizing the judicial authority in Canada," nevertheless conceded the indispensability of such an institution: If this Confederation continues to exist of course such a court will be a necessity. There must be a central and paramount authority and other things being favourable we would support the bill …

Charge Of Tuition To Illegal Alien Schoolchildren Pursuant To Texas Statute Violates Fourteenth Amendment., Suzanne B. Langford

St. Mary's Law Journal

Abstract Forthcoming.

In Their Own Image: The Reframing Of The Due Process Clause By The United States Supreme Court, J. Ralph Beaird

Scholarly Works

A distinguished constitutional scholar recently pointed out that "many of the important decisions of the Supreme Court of the United States are not based on law in the popular sense of that term." It is true, he noted, that "the court endeavors to identify Constitutional clauses upon which to hang its pronouncements." "[S]ome key words and phrases in the Constitution," however, "are so highly indeterminate that they cannot really qualify as law in any usual sense." Rather, he said, "they are semantic blanks--verbal vacuums that may be filled readily with any one of many possible meanings." Thus, it is not …

Constitutional Law: Freedom Of Religion--Peyote And The Native American Church, George De Verges

American Indian Law Review

No abstract provided.

Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review

Michigan Law Review

Defendant voluntarily admitted that he had murdered his daughter to a social worker, two ambulance attendants, and three police officers sent to investigate the incident. He continued to declare his guilt to these officers after his arrest, on the way to the police station, and at the police station where he was interrogated without the benefit of counsel although he had not waived his right to counsel. All of the confessions-approximately ten-were admitted in evidence at the defendant's trial over his objection that the two confessions obtained during the interrogation should have been excluded since he had been denied his …