Constitutional Law Commons^™

United States V. Drayton: Supreme Court Upholds Standards For Police Conduct During Bus Searches, Andera K. Mitchell

American University Law Review

No abstract provided.

Mandatory Motherhood And Frustrated Fatherhood: The Supreme Court's Preservation Of Gender Discrimination In American Citizenship Law, Erin Chlopak

American University Law Review

No abstract provided.

Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai

American University Law Review

This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …

Unsheathing Alexander's Sword: Lapides V. Board Of Regents Of The University System Of Georgia, Eric S. Johnson

American University Law Review

No abstract provided.

Transcript For Panel Three: Privacy: Genetic Profiling And Discrimination , Christopher H. Asplen, F.Samuel Baechtel, Lon A. Berk, Susan D. Carle, Q.Todd Dickinson

American University Law Review

No abstract provided.

The Paradox Of Judicial Bypass Proceedings , Jamin B. Raskin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Casey Reflections, Elizabeth A. Cavendish

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Nguyen V. Ins 533 U.S. 53 (2001), Brooke B. Grandle

American University Journal of Gender, Social Policy & the Law

No abstract provided.

What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission.

The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

Affirmative Action For The Female Entrepreneur: Gender As A Presumed Socially Disadvantaged Group For 8(A) Program Purposes, Athena S. Cheng

American University Journal of Gender, Social Policy & the Law

No abstract provided.

From Seat Belts To Handcuffs: May Police Arrest For Minor Traffic Violations? , Lisa Ruddy

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission. The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira Robbins

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: In the early hours of April 14, 2000, Robert Lee Tarver died in Alabama's electric chair, even though four Justices of the United States Supreme Court had voted to review the merits of his case. This situation is not unique. Each year, practitioners and pro se litigants alike petition the Supreme Court without fully knowing the rules pursuant to which the Court will decide their client's, or their own, fate. The reason is that the Supreme Court operates under two sets of rules-those that are published and those that are not. The former specify This Article is based on …

Erickson V. Bartell Drug Co. 141 F. Supp. 2d 1266 (W.D. Wash 2001), Jennifer M. Saubermann

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Penry V. Johnson 121 S. Ct. 1910 (2001), Puja Satiani

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Introductory Remarks: The Burden Of Judicial Bypass Proceedings , Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Casey Skit: A Pedagogical Tool For Interviewing Young Women And Proceeding Through A Judicial Bypass Hearing , Jamin B. Raskin, Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Mother, May I?: Ramifications For Parental Involvement Laws For Minors Seeking Abortion Services , Jennifer Blasdell

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Inapplicability Of Parental Involvement Laws To The Distribution Of Mifepristone (Ru-486) To Minors , Amanda C. Scuder

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Simmons-Harris V. Zelman 234 F.3d 945 (6th Cir. 2000), Elisha Winkler

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Disfavored Speech About Favored Rights: Hill V. Colorado, The Vanishing Public Forum And The Need For An Objective Speech Discrimination Test, Jamin B. Raskin, Clark L. Leblanc

American University Law Review

No abstract provided.

Guilty And Gay, A Recipe For Execution In American Courtrooms: Sexual Orientation As A Tool For Prosecutorial Misconduct In Death Penalty Cases, Michael B. Shortnacy

American University Law Review

No abstract provided.

Using The Master's Tools: Fighting Persistent Police Misconduct With Civil Rico, Steven P. Ragland

American University Law Review

No abstract provided.

Recognizing Schools' Legitimate Educational Interests: Rethinking Ferpa's Approach To The Confidentiality Of Student Discipline And Classroom Records, Lynn M. Daggett, Dixie Snow Huefner

American University Law Review

No abstract provided.

Surveying Gender Bias At One Midwestern Law School, Lisa A. Wilson, David H. Taylor

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Wisdom And Enforceability Of Welfare Rights As Constitutional Rights , Herman Schwartz

Human Rights Brief

No abstract provided.

Polling Establishment: Judicial Review, Democracy, And The Endorsement Theory Of The Establishment Clause - Commentary On 'Measured Endorsement', Jamin B. Raskin

Scholarly Articles in Law Reviews & Journals

[In Measured Endorsement] Shari Seidman Diamond and Andrew Koppelman argue that courts should rely on the techniques and methodologies of public opinion polling to survey the public and determine whether such displays endorse religion and therefore violate the Establishment Clause.' The authors support the point by developing an analogy to litigation under the Lanham Act, where courts regularly use evidence from public opinion poll results to determine whether there is legally salient 'consumer confusion' in a trademark dispute. The theoretical problem with this analogy is that the issue at stake under the Lanham Act is whether there is a likelihood …

A Claim For Third Party Standing In America's Prisons, N. Jeremi Duru

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This Article compares the power, practices, and policies of the Independent Counsel with those of ordinary state and federal prosecutors and suggests that the purported distinctions turn out to be illusory. Part I charts the principal structural characteristics of the Independent Counsel and regular prosecutors, with particular focus on prosecutorial discretion and the charging power. This section notes the public outrage over former Independent Counsel Kenneth Starr and argues that the American prosecutor deserves similar scrutiny. Using illustrations from the author’s former experience as a public defender, this Part explains how regular prosecutors engage in the same acts of misconduct …

Has The Supreme Court Gone Too Far?: An Analysis Of University Of Alabama V. Garrett And Its Impact On People With Disabilities , Jaclyn L. Okin

American University Journal of Gender, Social Policy & the Law

No abstract provided.