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Articles 601 - 630 of 824

Full-Text Articles in Constitutional Law

Anthrax Hoaxes, Ira Robbins Oct 2004

Anthrax Hoaxes, Ira Robbins

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: "[Y]ou are a disgusting piece of dirt."' Judge Steven Shutter, a county judge in South Florida, used these words to describe a twenty- four-year-old woman whom he labeled a terrorist and who was condemned by the media. Aside from name-calling, Judge Shutter raised the woman's bail from $3,500 to $25,000 when he learned the nature of the offense, 'just in case" the woman might be able to afford the lower bond. Given the strength of Judge Shutter's animosity toward her, one might assume that Yasmin Kassima Sealey- Doe had provided assistance to the terrorists who attacked the World Trade …


Human Agency, Negated Subjectivity, And White Structural Oppression: An Analysis Of Critical Race Practive/Praxis, Reginald Leamon Robinson Jun 2004

Human Agency, Negated Subjectivity, And White Structural Oppression: An Analysis Of Critical Race Practive/Praxis, Reginald Leamon Robinson

American University Law Review

No abstract provided.


Re-Balancing State And Federal Power: Toward A Political Principle Of Subsidiarity In The United States, Jared Bayer Jun 2004

Re-Balancing State And Federal Power: Toward A Political Principle Of Subsidiarity In The United States, Jared Bayer

American University Law Review

No abstract provided.


Endorsing Religion: Drug Courts And The 12-Step Recovery Support Program, Emily M. Gallas Jun 2004

Endorsing Religion: Drug Courts And The 12-Step Recovery Support Program, Emily M. Gallas

American University Law Review

No abstract provided.


The Networking Economic Effects Of Whiteness, Brant T. Lee Jun 2004

The Networking Economic Effects Of Whiteness, Brant T. Lee

American University Law Review

Network economic analysis provides an important and intuitive explanation of racial inequality. In short, Whiteness is Microsoft's Windows operating system, or the QWERTY keyboard, or the standard (non-metric) measurement system, and difficult to dislodge for many of the same reasons. Network effects explain how the establishment of a dominant market standard 1) can be contingent on historical context, 2) does not necessarily derive from superior intrinsic merit, and 3) exhibits strong self-reinforcing characteristics that can maintain the dominance of the standard in perpetuity, even in the absence of any explicit or conscious determination to maintain it. All of these factors …


A Process Right Due? Examining Whether A Capital Defendant Has A Due Process Right To A Jury Selection Expert, Steven C. Serio Jun 2004

A Process Right Due? Examining Whether A Capital Defendant Has A Due Process Right To A Jury Selection Expert, Steven C. Serio

American University Law Review

No abstract provided.


Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action, Reginald Oh Jun 2004

Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action, Reginald Oh

American University Law Review

No abstract provided.


Comments On The Fcc's Recent Mass Media Ownership Decision, William Fishman Feb 2004

Comments On The Fcc's Recent Mass Media Ownership Decision, William Fishman

American University Law Review

No abstract provided.


Transcript For Panel Discussion- Regulating Media Competition: The Development And Implications Of The Fcc’S New Broadcast Ownership Rules, American University Law Review Feb 2004

Transcript For Panel Discussion- Regulating Media Competition: The Development And Implications Of The Fcc’S New Broadcast Ownership Rules, American University Law Review

American University Law Review

No abstract provided.


Monolith Or Mosaic: Can The Federal Communications Commission Legitimately Pursue A Repetition Of Local Content At The Expense Of Local Diversity?, Cheryl A. Leanza Feb 2004

Monolith Or Mosaic: Can The Federal Communications Commission Legitimately Pursue A Repetition Of Local Content At The Expense Of Local Diversity?, Cheryl A. Leanza

American University Law Review

No abstract provided.


The Politics And Policy Of Media Ownership, Ben Scott Feb 2004

The Politics And Policy Of Media Ownership, Ben Scott

American University Law Review

No abstract provided.


On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips Feb 2004

On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips

American University Law Review

No abstract provided.


Media Concentration: A Case Of Power, Ego, And Greed Confronting Our Sensibilities, W. Curtiss Priest Feb 2004

Media Concentration: A Case Of Power, Ego, And Greed Confronting Our Sensibilities, W. Curtiss Priest

American University Law Review

No abstract provided.


The Constitution At The Threshold Of Life And Death: A Suggested Approach To Accommodate An Interest In Life And A Right To Die, Michael P. Allen Jan 2004

The Constitution At The Threshold Of Life And Death: A Suggested Approach To Accommodate An Interest In Life And A Right To Die, Michael P. Allen

American University Law Review

In the past fifteen years, the United States Supreme Court has decided three cases in which it tentatively began to explore what the United States Constitution has to say about issues that are popularly described as the "right to die." In this article, I suggest that the current state of constitutional analysis does not provide for an effective mechanism for securing an individual's "right to die," at least not without undervaluing a state's interest in the preservation of human life should a state choose to take such a position. In the article, I suggest that it is possible to adopt …


Critical Race Histories: In And Out, Darren Lenard Hutchinson Jan 2004

Critical Race Histories: In And Out, Darren Lenard Hutchinson

American University Law Review

No abstract provided.


Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai Jan 2004

Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai

Scholarly Articles in Law Reviews & Journals

From the standpoint of traditional legal thought, metaphor is at best a dash of poetry adorning lawyerly analysis, and at worst an unjustifiable distraction from what is actually at stake in a legal contest. By contrast, in the eyes of those who view law as a close relative of ordinary language, metaphor is a basic building block of human understanding. This article accepts that metaphor helps us to comprehend a court's decision. At the same time, it argues that metaphor plays a special role in the realm of constitutional discourse. Metaphor in constitutional law not only reinforces doctrinal categories, but …


Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins Jan 2004

Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins

Scholarly Articles in Law Reviews & Journals

The grand jury practice of naming individuals as unindicted co-conspirators routinely results in injury to reputations,lost employment opportunities, and a practical inability to run for public office. Yet, because these individuals are not parties to a criminal trial, they have neither the right to present evidence nor the opportunity to clear their names. Thus, Professor Robbins argues that the practice violates the Fifth Amendment guarantee that “[n]o person shall . . . be deprived of life, liberty, or property, without due process of law[.]” While prosecutors may offer many justifications to support the practice of naming unindicted co-conspirators, these reasons …


Speech And Strife, Robert L. Tsai Jan 2004

Speech And Strife, Robert L. Tsai

Scholarly Articles in Law Reviews & Journals

The essay strives for a better understanding of the myths, symbols, categories of power, and images deployed by the Supreme Court to signal how we ought to think about its authority. Taking examples from free speech jurisprudence, the essay proceeds in three steps. First, Tsai argues that the First Amendment constitutes a deep source of cultural authority for the Court. As a result, linguistic and doctrinal innovation in the free speech area have been at least as bold and imaginative as that in areas like the Commerce Clause. Second, in turning to cognitive theory, he distinguishes between formal legal argumentation …


Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber Dec 2003

Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber

American University Law Review

No abstract provided.


The Exclusion Of Felons From Jury Service, Brian C. Kalt Oct 2003

The Exclusion Of Felons From Jury Service, Brian C. Kalt

American University Law Review

The lifetime exclusion of felons from jury service is the majority rule in the U.S., used in thirty one states and in federal courts. The result is that over 6% of the adult population is excluded, including about 30% of black men.

The parallel issue of felon disenfranchisement has drawn considerable scholarly attention, despite its lower, declining, and less racially charged numbers. The racial composition of juries has been widely discussed in the literature as well. By contrast, felon jury service has been almost entirely ignored, despite a mass of legislation and appellate litigation, and despite glaring racial disparities.

One …


Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent Oct 2003

Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent

American University Law Review

No abstract provided.


Slavery As A Takings Clause Violation, Kaimipono Daivd Wenger Oct 2003

Slavery As A Takings Clause Violation, Kaimipono Daivd Wenger

American University Law Review

No abstract provided.


Battering Through The Lens Of Class, Jody Raphael Jan 2003

Battering Through The Lens Of Class, Jody Raphael

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Freedom Of Information Act Post-9/11: Balancing The Public's Right To Know, Critical Infrastructure Protection, And Homeland Security, Kristen Elizabeth Uhl Jan 2003

The Freedom Of Information Act Post-9/11: Balancing The Public's Right To Know, Critical Infrastructure Protection, And Homeland Security, Kristen Elizabeth Uhl

American University Law Review

No abstract provided.


The Internationalization Of Constitutional Law, Herman Schwartz Jan 2003

The Internationalization Of Constitutional Law, Herman Schwartz

Human Rights Brief

No abstract provided.


Advancing Equality In Domestic Violence Law Reform, Julie Goldscheid Jan 2003

Advancing Equality In Domestic Violence Law Reform, Julie Goldscheid

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Applying The Discrimination Model To Violence Against Women: Some Reflections On Theory And Practice, Sally F. Goldfarb Jan 2003

Applying The Discrimination Model To Violence Against Women: Some Reflections On Theory And Practice, Sally F. Goldfarb

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Silence Compounded- The Conjuction Of Race And Gender Violence, Zanita E. Fenton Jan 2003

Silence Compounded- The Conjuction Of Race And Gender Violence, Zanita E. Fenton

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Low-Income Parents Victimized By Child Protective Services, Candra Bullock Jan 2003

Low-Income Parents Victimized By Child Protective Services, Candra Bullock

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Forfeiting "Enduring Freedom" For "Homeland Security": A Constitutional Analysis Of The Usa Patriot Act And The Justice Department's Anti-Terrorism Initiatives , John W. Whitehead, Steven H. Aden Aug 2002

Forfeiting "Enduring Freedom" For "Homeland Security": A Constitutional Analysis Of The Usa Patriot Act And The Justice Department's Anti-Terrorism Initiatives , John W. Whitehead, Steven H. Aden

American University Law Review

No abstract provided.