Constitutional Law Commons^™

The Hebrew Language Has Not Created A Title For Me: A Legal And Sociolinguistic Analysis Of New-Type Families, Michael Tamir, Dalia Cahana-Amitay

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Considering Mom: Maternity And The Model Act Governing Assisted Reproductive Technology, Charles P. Kindregan Jr.

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Introduction , Amanda C. Dupree

American University Journal of Gender, Social Policy & the Law

No abstract provided.

When Students Test Positive, Their Privacy Fails: The Unconstitutionality Of South Carolina's Hiv/Aids Reporting Requirements, Diane M. Degroat

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Brief Of Aarp, The National Legislative Association On Prescription Drug Prices, Community Catalyst, And Prescription Policy Choices, As Amici Curiae In Support Of Appellees, Ims Health Inc. V. Sorrell, Sean Flynn

Amicus Briefs & Court Filings

This brief supports protecting the confidentiality of prescription records in the state of Vermont from commercial uses by pharmeceutical companies to market new drugs to physicians directly.

Brief Of Law Professors As Amici Curiae In Support Of Petitioner, Kucana V. United States, Stephen I. Vladeck

Amicus Briefs & Court Filings

This brief argues for the fundamental separation of powers to avoid setting a dangerous precedent with regard to agency control over judicial review of administrative action.

Brief Of Law Professors As Amici Curiae In Support Of Respondent, Denedo V. United States, Stephen I. Vladeck

Amicus Briefs & Court Filings

The significant issues raised by this case include (1) the ability of courts with criminal jurisdiction to provide remedies for constitutional errors at trial; (2) the role played by Article III courts in providing collateral relief for convictions obtained in state courts, and in Article III and non-Article III federal courts; (3) the specific interaction between Article I military courts and Article III courts; and (4) the applicability of the canon of statutory interpretation disfavoring repeals of jurisdiction by implication.

Amici curiae, professors teaching the law of federal jurisdiction, criminal procedure, and post-conviction remedies, join together to provide the Court …

Say Cheese! Examining The Constitutionality Of Photostops, Molly Bruder

American University Law Review

No abstract provided.

Enacting A Reasonable Federal Shield Law: A Reply To Professors Clymer And Eliason, James Thomas Tucker, Wermiel

American University Law Review

No abstract provided.

Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee

American University Law Review

No abstract provided.

The Problems With The Reporter's Privilege, Eliason D. Eliason

American University Law Review

No abstract provided.

The Espionage Act And National Security Whistleblowing After Garcetti, Stephen I. Vladeck

American University Law Review

Should government employees ever have a right to disseminate classified national security information to the public? As a general matter, of course, the answer is "no." It is necessarily tautological that the central purpose of classifying information is to keep that information secret. But what if the information pertains to what we might describe as "unlawful secrets," and the individual in question has exhausted all possible non-public remedies - and to no avail? Are there any circumstances in which the law enables the government employee to come forward? Should there be? As this Essay suggests, because of the broad language …

Transcript: Left Out In The Cold? The Chilling Of Speech, Association, And The Press In Post-9/11 America , American University Law Review

American University Law Review

No abstract provided.

Reforming Fourth Amendment Privacy Doctrine, Jim Harper

American University Law Review

No abstract provided.

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

American University Law Review

No abstract provided.

Does The Supreme Court Still Matter?, Timothy B. Dyk

American University Law Review

No abstract provided.

Digitus Impudicus: The Middle Finger And The Law, Ira Robbins

Scholarly Articles in Law Reviews & Journals

The middle finger is one of the most commonly used insulting gestures in the United States. The finger, which is used to convey a wide range of emotions, is visible on streets and highways, in schools, shopping malls, and sporting events, in courts and execution chambers, in advertisements and on magazine covers, and even on the hallowed floor of the United States Senate. Despite its ubiquity, however, as a number of recent cases demonstrate, those who use the middle finger in public run the risk of being stopped, arrested, prosecuted, fined, and even incarcerated under disorderly conduct or breach of …

Arbitrary And F^@#$*! Capricious: An Analysis Of The Second Circuit's Rejection Of The Fcc's Fleeting Expletive Regulation In Fox Television Stations, Inc. V. Fcc (2007), Justin Winquist

American University Law Review

No abstract provided.

Speaking Against Norms: Public Discourse And The Economy Of Racialization In The Workplace, Terry Smith

American University Law Review

Free speech controversies erupt from reactions to outlier voices, and these voices are often those of subordinated citizens such as racial minorities. Employing the tools of narrative, interviews with litigants and subjects, and interdisciplinary analysis of case law, Professor Terry Smith probes whether the social inequality of government employees of color affects the rigor of the First Amendment protection afforded their speech. Professor Smith argues that all public sector employees lack sufficient protection because their speech typically does not receive the highest constitutional scrutiny and because of the Supreme Court's recent decision in Garcetti v. Ceballos, which stripped public sector …

Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff

American University Law Review

No abstract provided.

Blocking Access To Assets: Compromising Civil Rights To Protect National Security Or Unconstitutional Infringement On Due Process And The Right To Hire An Attorney? , Danielle Stampley

American University Law Review

No abstract provided.

Resolved, Or Is It? The First Amendment And Giving Money To Terrorists, Jeff Breinholt

American University Law Review

No abstract provided.

Material Support To Terrorists Or Terrorist Organizations: Asylum Seekers Walking The Relief Tightrope , Craig R. Novak

The Modern American

No abstract provided.

The Upbringing Of A Creature: The Scope Of A Parent's Right To Teach Children To Hate, Brooke Emery

The Modern American

No abstract provided.

The Religious Freedom Restoration Act And Protection Of Native American Religious Practices, Jason Gubi

The Modern American

No abstract provided.

Free Speech In The War On Terror: Does The Military Commissions Act Violate The First Amendment?, Ryan J. Vogel

Human Rights Brief

No abstract provided.

Extraordinary Rendition: The Price Of Secrecy, Louis Fisher

American University Law Review

No abstract provided.

The Death Penalty In America: Riding The Trojan Horse Of The Civil War, Michael S. Brazao

The Modern American

No abstract provided.

Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert Tsai

Scholarly Articles in Law Reviews & Journals

In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of …

Vicarious Criminal Liability And The Constitutional Dimensions Of Pinkerton, Alex Kreit

American University Law Review

This article considers what limits the constitution places on holding someone criminally liable for another's conduct. While vicarious criminal liability is often criticized, there is no doubt that it is constitutionally permissible as a general matter. Under the long-standing felony murder doctrine, for example, if A and B rob a bank and B shoots and kills a security guard, A can be held criminally liable for the murder. What if, however, A was not involved in the robbery but instead had a completely separate conspiracy with B to distribute cocaine? What relationship, if any, does the constitution require between A's …