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Articles 61 - 90 of 596
Full-Text Articles in Constitutional Law
United States V. Garner: From Speeding Ticket To Drug Bust- Highlighting The Necessity Of An Alternative Approach To Analyzing Traffic Stop Extensions, Rocco Beltrami
Villanova Law Review (1956 - )
No abstract provided.
Protecting The Throne: The Third Circuit's Decision To Preserve Sovereign Immunity In Gentile V. Sec, Ryan Brady, John Reid
Protecting The Throne: The Third Circuit's Decision To Preserve Sovereign Immunity In Gentile V. Sec, Ryan Brady, John Reid
Villanova Law Review (1956 - )
No abstract provided.
Separation, Supremacy, And The Unconstitutional Rational Basis Test, Joseph S. Diedrich
Separation, Supremacy, And The Unconstitutional Rational Basis Test, Joseph S. Diedrich
Villanova Law Review (1956 - )
No abstract provided.
Common Law Baselines And Current Free Speech Doctrine, Erica Goldberg
Common Law Baselines And Current Free Speech Doctrine, Erica Goldberg
Villanova Law Review (1956 - )
No abstract provided.
2-4-6-8 Who Do We Appreciate? The Third Circuit Scores A Touchdown For Student-Athlete Free Speech Rights, Nicolas Burnosky
2-4-6-8 Who Do We Appreciate? The Third Circuit Scores A Touchdown For Student-Athlete Free Speech Rights, Nicolas Burnosky
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Beyond The Green: The Legal Land Use Controls Involved With Golf Course Closures, Michael Schmidt
Beyond The Green: The Legal Land Use Controls Involved With Golf Course Closures, Michael Schmidt
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Striking The Balance Of Fairness And Inclusion: The Future Of Women's Sports After The Supreme Court's Landmark Decision In Bostock V. Clayton County,Ga, Jacqualyn Gillen
Striking The Balance Of Fairness And Inclusion: The Future Of Women's Sports After The Supreme Court's Landmark Decision In Bostock V. Clayton County,Ga, Jacqualyn Gillen
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Zoning For Public Health: Why A National Land Use Scheme Is Essential To Sustainable Food Production, Victor J. Absil
Zoning For Public Health: Why A National Land Use Scheme Is Essential To Sustainable Food Production, Victor J. Absil
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Unmuted: Solutions To Safeguard Constitutional Rights In Virtual Courtrooms And How Technology Can Expand Access To Quality Counsel And Transparency In The Criminal Justice System, Matthew Bender
Villanova Law Review (1956 - )
No abstract provided.
Unfriending Tinker : The Third Circuit Holds Schools Cannot Regulate Off-Campus Social Media Speech, Amanda N. Harding
Unfriending Tinker : The Third Circuit Holds Schools Cannot Regulate Off-Campus Social Media Speech, Amanda N. Harding
Villanova Law Review (1956 - )
No abstract provided.
Can I Have Some Privacy?: A Look Into The Unfortunate Truth Of Pregnancy Tests Throughout Sports And The Negative Impact On Female Athletes, Hannah Rogers
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The District Of Columbia Circuit Finds Article Iii Standing Based On The Risk Of Future Identity Theft In In Re U.S. Office Of Personnel Management Data Security Breach Litigation, Briana L. Borgolini
The District Of Columbia Circuit Finds Article Iii Standing Based On The Risk Of Future Identity Theft In In Re U.S. Office Of Personnel Management Data Security Breach Litigation, Briana L. Borgolini
Villanova Law Review (1956 - )
No abstract provided.
On The Straight And Narrowly Tailored: The Third Circuit Walks A Fine Line Between The Judiciary And Politics In Adams V. Governor Of Delaware, Connor Defilippis, Zachary R. Epstein
On The Straight And Narrowly Tailored: The Third Circuit Walks A Fine Line Between The Judiciary And Politics In Adams V. Governor Of Delaware, Connor Defilippis, Zachary R. Epstein
Villanova Law Review (1956 - )
No abstract provided.
Third Circuit Halts Interstate Pipeline Construction In Penneast Pipeline: States And Environmentalists Find An Ally In Sovereign Immunity, Fiona Steele
Villanova Law Review (1956 - )
No abstract provided.
Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Carmody Tilley
Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Carmody Tilley
Faculty Publications
Few people outside certain specialized sectors of the press and the legal profession have any particular reason to read the increasingly voluminous opinions through which the Justices of the Supreme Court explain their interpretations of the Constitution and laws. Most of what the public knows about the Supreme Court necessarily comes from the press. That fact raises questions of considerable importance to the functioning of our constitutional democracy: How, for example, does the press describe the work of the Supreme Court? And has the way in which the press describes the work of the Court changed over the past several …
A Political Interpretation Of Vagueness Doctrine, Brenner M. Fissell, Guyora Binder
A Political Interpretation Of Vagueness Doctrine, Brenner M. Fissell, Guyora Binder
Faculty Publications
The “void-for-vagueness” doctrine requires the specific definition of criminal offenses. In this Article, though, we claim it does more: it largely restricts criminalization decisions to legislatures, which are unlikely to criminalize conduct they see as both harmless and widespread. Thus, rather than constitutionalizing the harm principle and thereby assuming a judicial obligation to define harm, the Supreme Court has used the vagueness doctrine to constrain majorities to make their own assessments of harmfulness. While American law has no explicit requirements that criminal liability be created by legislation or conditioned on harm, the vagueness doctrine achieves those ends indirectly
Federalism And The Right To Decide Who Decides, Andrew B. Ayers
Federalism And The Right To Decide Who Decides, Andrew B. Ayers
Villanova Law Review (1956 - )
No abstract provided.
Betting Against Paspa: Why The Federal Restrictions On Sports Gambling Are Unconstitutional And How They Hurt The States, Christopher Polisano
Betting Against Paspa: Why The Federal Restrictions On Sports Gambling Are Unconstitutional And How They Hurt The States, Christopher Polisano
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Unusual: The Death Penalty For Inadvertent Killing, Brenner M. Fissell, Guyora Binder, Robert Weisberg
Unusual: The Death Penalty For Inadvertent Killing, Brenner M. Fissell, Guyora Binder, Robert Weisberg
Faculty Publications
Can a burglar who frightens the occupant of a house, causing a fatal heart attack, be executed? More generally, does the Eighth Amendment permit capital punishment of one who causes death inadvertently? This scenario is possible in the significant minority of American jurisdictions that permit capital punishment for felony murder without requiring a mental state of intent to kill or reckless indifference to human life. Thus far, Eighth Amendment death penalty jurisprudence has required a culpable mental state of recklessness for execution of accomplices in a fatal felony, but has not yet addressed the culpability required for execution of the …
The Utility Of Rational Basis Review, Nicholas Walter
The Utility Of Rational Basis Review, Nicholas Walter
Villanova Law Review (1956 - )
No abstract provided.
Speak Your Mind And Ride The Pine: Examining The Constitutionality Of University-Imposed Social Media Bans On Student-Athletes, John Ryan Behrmann
Speak Your Mind And Ride The Pine: Examining The Constitutionality Of University-Imposed Social Media Bans On Student-Athletes, John Ryan Behrmann
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Fifty Years Of Foia In Operation, 1967-2017, Tuan N. Samahon
Fifty Years Of Foia In Operation, 1967-2017, Tuan N. Samahon
Working Paper Series
No abstract provided.
Ncaa V. N.J.: New Jersey Rolls The Dice On A Tenth Amendment Challenge To The Professional And Amateur Sports Protection Act, Joshua M. Peles
Ncaa V. N.J.: New Jersey Rolls The Dice On A Tenth Amendment Challenge To The Professional And Amateur Sports Protection Act, Joshua M. Peles
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Constitution And The Individual Right To Possess Firearms: A Different Take, David W. Wise
The Constitution And The Individual Right To Possess Firearms: A Different Take, David W. Wise
Villanova Law Review (1956 - )
No abstract provided.
The Fifth Circuit Buries Intrastate Economic Protectionism In St. Joseph Abbey V. Castille, Antonios Roustopoulos
The Fifth Circuit Buries Intrastate Economic Protectionism In St. Joseph Abbey V. Castille, Antonios Roustopoulos
Villanova Law Review (1956 - )
No abstract provided.
The Liberty Of The Church: Source, Scope And Scandal, Patrick Mckinley Brennan
The Liberty Of The Church: Source, Scope And Scandal, Patrick Mckinley Brennan
Working Paper Series
This article was presented at a conference, and is part of a symposium, on "The Freedom of the Church in the Modern Era." The article argues that the liberty of the Church, libertas Ecclesiae, is not a mere metaphor, pace the views of some other contributions to the conference and symposium and of the mentality mostly prevailing over the last five hundred years. The argument is that the Church and her directly God-given rights are ontologically irreducible in a way that the rights of, say, the state of California or even of the United States are not. Based on a …
Resisting The Grand Coalition In Favor Of The Status Quo By Giving Full Scope To The Libertas Ecclesiae, Patrick Mckinley Brennan
Resisting The Grand Coalition In Favor Of The Status Quo By Giving Full Scope To The Libertas Ecclesiae, Patrick Mckinley Brennan
Working Paper Series
This paper argues that questions about "religious freedom" must be subordinated to the fundamental principle of the liberty of the Church, libertas Ecclesiae. The First Amendment's agnosticism with respect to the liberty of the Church is not ultimately normative. Catholics and others who merely seek religious "accommodation," as with the HHS mandate, for example, are agents of a status quo that illegitimately has comfortable self-preservation as its highest value. It is Catholic doctrine that "creation was for the sake of the Church," not for the sake of, say, religious freedom. The paper argues that the contingent constitution of …
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan
Working Paper Series
John Locke understood human happiness to amount to the removal of "uneasiness." This paper argues that,to the extent that the United States is a nation dedicated to "the pursuit of happiness" understood as the removal of "uneasiness," same-sex unions or marriages should be given legal recognition. While Locke defended a variation on traditional marriage on the grounds of progenitiveness and care for dependent offspring, his more foundational commitment to the importance of the removal of uneasiness precludes, on pain of inconsistency, limiting marriage to opposite-sex couples. This paper argues, furthermore, that conservatives and neo-conservatives who celebrate this nation's being …
The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan
The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan
Working Paper Series
This article is an invited response to James Davison Hunter’s much-discussed book To Change the World: The Irony, Tragedy, and Possibility of Christianity in the Late Modern World (Oxford University Press, 2010). Hunter, a sociologist at UVA and a believing Protestant, claims that law’s capacity to contribute to social change is “mostly illusory” and that Christians, therefore, should practice “faithful presence” in the public square rather than seek to influence law directly. My response is that it is, in fact, law’s stunning ability to alter and limit available choices that makes it an object of deservedly fierce contest. The wild …