Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- First Amendment (50)
- Courts (49)
- Civil Rights and Discrimination (48)
- Jurisprudence (48)
- Legal History (45)
-
- Supreme Court of the United States (35)
- Judges (25)
- Law and Gender (25)
- Criminal Law (21)
- Education Law (20)
- Family Law (20)
- Criminal Procedure (17)
- Law and Society (17)
- Fourteenth Amendment (15)
- Comparative and Foreign Law (14)
- Fourth Amendment (14)
- Legislation (14)
- State and Local Government Law (14)
- Legal Profession (12)
- Property Law and Real Estate (12)
- International Law (11)
- Religion Law (11)
- Law and Politics (10)
- Law and Race (9)
- President/Executive Department (9)
- Administrative Law (8)
- Health Law and Policy (8)
- Human Rights Law (8)
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (45)
- William & Mary Law School (32)
- Yeshiva University, Cardozo School of Law (31)
- University of Michigan Law School (27)
- American University Washington College of Law (24)
-
- Georgetown University Law Center (21)
- UC Law SF (21)
- UIC School of Law (19)
- University of Arkansas Little Rock (13)
- Cleveland State University (12)
- University of Richmond (12)
- Cornell University Law School (11)
- Maurer School of Law: Indiana University (11)
- University of Oklahoma College of Law (10)
- Columbia Law School (8)
- Duke Law (7)
- Pace University (7)
- University of Maryland Francis King Carey School of Law (7)
- Notre Dame Law School (6)
- Villanova University Charles Widger School of Law (6)
- Florida International University College of Law (5)
- Fordham Law School (5)
- Osgoode Hall Law School of York University (5)
- The Catholic University of America, Columbus School of Law (5)
- University of Georgia School of Law (5)
- Vanderbilt University Law School (5)
- West Virginia University (5)
- Case Western Reserve University School of Law (4)
- Loyola University Chicago, School of Law (4)
- St. John's University School of Law (4)
- Keyword
-
- New York (33)
- Supreme Court (33)
- Constitutional law (26)
- Constitutional Law (21)
- Federalism (16)
-
- United States Supreme Court (16)
- Constitution (14)
- First Amendment (13)
- Martha Fineman (11)
- Civil Rights (10)
- Supreme court (10)
- Judicial review (9)
- Brown v. Board of Education (8)
- Congress (8)
- Court of Appeals (8)
- Due Process (7)
- Due process (7)
- Free speech (7)
- Lochner v. New York (7)
- Taking the Constitution Away from the Courts (7)
- First amendment (6)
- Law (6)
- Abortion (5)
- Constitutional history (5)
- Constitutional interpretation (5)
- Courts (5)
- Devins works (5)
- Discrimination (5)
- Equal Protection (5)
- Fifth Amendment (5)
- Publication
-
- Touro Law Review (42)
- Faculty Publications (30)
- Faculty Scholarship (26)
- Cardozo Law Review (22)
- American University Journal of Gender, Social Policy & the Law (20)
-
- UC Law Constitutional Quarterly (20)
- Georgetown Law Faculty Publications and Other Works (19)
- UIC Law Review (19)
- Michigan Law Review (17)
- University of Arkansas at Little Rock Law Review (12)
- Cornell Law Faculty Publications (11)
- Scholarly Works (11)
- University of Richmond Law Review (11)
- Articles (10)
- William & Mary Bill of Rights Journal (10)
- Cleveland State Law Review (9)
- Oklahoma Law Review (9)
- Journal Articles (8)
- Elisabeth Haub School of Law Faculty Publications (7)
- Indiana Law Journal (7)
- Translated Opinions (6)
- William & Mary Law Review (6)
- All Faculty Scholarship (5)
- Scholarly Articles (5)
- West Virginia Law Review (5)
- Fordham Urban Law Journal (4)
- Kentucky Law Journal (4)
- Osgoode Hall Law Journal (4)
- Villanova Law Review (1956 - ) (4)
- Articles by Maurer Faculty (3)
- Publication Type
Articles 181 - 210 of 452
Full-Text Articles in Constitutional Law
Classical Legal Naturalism And The Politics Of John Marshall's Constitutional Jurisprudence, 33 J. Marshall L. Rev. 935 (2000), Robert Lowry Clinton
Classical Legal Naturalism And The Politics Of John Marshall's Constitutional Jurisprudence, 33 J. Marshall L. Rev. 935 (2000), Robert Lowry Clinton
UIC Law Review
No abstract provided.
Editing Marshall, 33 J. Marshall L. Rev. 823 (2000), Charles F. Hobson
Editing Marshall, 33 J. Marshall L. Rev. 823 (2000), Charles F. Hobson
UIC Law Review
No abstract provided.
Text And Principle In John Marshall's Constitutional Law: The Cases Of Marbury And Mcculloch, 33 J. Marshall L. Rev. 973 (2000), Sylvia Snowiss
Text And Principle In John Marshall's Constitutional Law: The Cases Of Marbury And Mcculloch, 33 J. Marshall L. Rev. 973 (2000), Sylvia Snowiss
UIC Law Review
No abstract provided.
John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, 33 J. Marshall L. Rev. 875 (2000), R. Kent Newmyer
John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, 33 J. Marshall L. Rev. 875 (2000), R. Kent Newmyer
UIC Law Review
No abstract provided.
Recovering The World Of The Marshall Court, 33 J. Marshall L. Rev. 781 (2000), G. Edward White
Recovering The World Of The Marshall Court, 33 J. Marshall L. Rev. 781 (2000), G. Edward White
UIC Law Review
No abstract provided.
John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller
John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller
UIC Law Review
No abstract provided.
Comments On Clinton: Reconsidering The Role Of Natural Law In John Marshall's Jurisprudence, 33 J. Marshall L. Rev. 1141 (2000), James W. Ely
UIC Law Review
No abstract provided.
Rebalancing Professor Ely's Reappraisal Of The Marshall Court And Property Rights, 33 J. Marshall L. Rev. 1165 (2000), Stephen A. Siegel
Rebalancing Professor Ely's Reappraisal Of The Marshall Court And Property Rights, 33 J. Marshall L. Rev. 1165 (2000), Stephen A. Siegel
UIC Law Review
No abstract provided.
Marbury, Mcculloch, Gore And Bush: A Comment On Sylvia Snowiss, 33 J. Marshall L. Rev. 1157 (2000), Stephen B. Presser
Marbury, Mcculloch, Gore And Bush: A Comment On Sylvia Snowiss, 33 J. Marshall L. Rev. 1157 (2000), Stephen B. Presser
UIC Law Review
No abstract provided.
Property Rights In John Marshall's Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000), J. Gordon Hylton
Property Rights In John Marshall's Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, 33 J. Marshall L. Rev. 1175 (2000), J. Gordon Hylton
UIC Law Review
No abstract provided.
John Marshall And Indian Nations In The Beginning And Now, 33 J. Marshall L. Rev. 1183 (2000), Milner S. Ball
John Marshall And Indian Nations In The Beginning And Now, 33 J. Marshall L. Rev. 1183 (2000), Milner S. Ball
UIC Law Review
No abstract provided.
Safety Valve Closed: The Removal Of Non-Violent Outlets For Dissent And The Onset Of Anti-Abortion Violence, Mark L. Rienzi
Safety Valve Closed: The Removal Of Non-Violent Outlets For Dissent And The Onset Of Anti-Abortion Violence, Mark L. Rienzi
Scholarly Articles
This Note examines abortion opposition over the past two centuries and the extent to which recent trends toward violence have followed from the elimination of major nonviolent methods of dissent. Part I explores the history of abortion opposition prior to Roe, noting that opponents during this period relied almost exclusively on legislative action to effect change. Roe removed this principal nonviolent outlet, and the first wave of anti-abortion violence in American history en-sued. Even within this post-Roe violence, an examination of the rise and fall of mass nonviolent civil disobedience in the late i98Os and the dramatic increase in anti-abortion …
Constitutional Culture Of The New East-Central European Democracies, Rett R. Ludwikowski
Constitutional Culture Of The New East-Central European Democracies, Rett R. Ludwikowski
Scholarly Articles
No abstract provided.
What Do You Do When You Meet A "Walking Violation Of The Sixth Amendment" If You're Trying To Put That Lawyer's Client In Jail?, Vanessa Merton
What Do You Do When You Meet A "Walking Violation Of The Sixth Amendment" If You're Trying To Put That Lawyer's Client In Jail?, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications
For the purpose of this article, the relevance of my experience as a criminal defense attorney is this: if ever one might expect to find a prosecutor inclined to err on the side of fairness of process and protecting the rights of defendants, it ought to be me. Also, for more than twenty years, I have been something of a professional ethicist--as research fellow, teacher, staff member of an ethics center, chair and/or member of several institutional review boards, pro bono trial counsel to a disciplinary committee, ethics consultant, and expert witness--and, therefore, one might think, especially susceptible to the …
Inverting The Viability Test For Abortion Law, Bruce Ching
Inverting The Viability Test For Abortion Law, Bruce Ching
Journal Articles
The abortion controversy is likely to become even more pressing with the development of technological advancements that enhance the chances for fetal survival of the abortion procedure. This essay explores the consequences of recognizing that keeping the fetus alive does not depend on keeping the fetus in utero.
The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio
The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio
Fordham Urban Law Journal
The dual principles of promoting the marketplace of ideas and protecting individual autonomy lie at the core of the First Amendment. When the government assumes an affirmative role by opening opportunities for public speech, it places individuals' negative liberties, such as the right not to speak, at risk. This conflict cannot be avoided by analyzing compelled speech outside of the First Amendment; the autonomy promised by the Bill of Rights and repeatedly affirmed by Supreme Court jurisprudence protects the right not to speak. Scholars, jurists, and practitioners therefore should pay close attention to the right not to speak when the …
The Pain Relief Promotion Act: Will It Spell Death To "Death With Dignity" Or Is It Unconstitutional?, Joy Fallek
The Pain Relief Promotion Act: Will It Spell Death To "Death With Dignity" Or Is It Unconstitutional?, Joy Fallek
Fordham Urban Law Journal
This Note explores Congress' attempts to restrict Oregon's Death with Dignity Act by enacting two the Lethal Drug Abuse and Prevention Act of 1998 ("LDAP Act") and the Pain Relief Promotion Act of 1999 ("PRPA"). It explores constitutional decisions concerning physician-assisted suicide and those which tend to show that the Supreme Court demonstrated federalist leanings during this time. The Note concludes that this Congressional legislation is a premature attempt to restrict experimentation concerning physician-assisted suicide and that the Supreme Court should strive to thwart attempts to cut off such experimentation.
Stopping Hate Without Stifling Speech: Re-Examining The Merits Of Hate Speech Codes On University Campuses, Catherine B. Johnson
Stopping Hate Without Stifling Speech: Re-Examining The Merits Of Hate Speech Codes On University Campuses, Catherine B. Johnson
Fordham Urban Law Journal
This Note explores legislative attempts to help reduce incidents of hate speech on university campuses. It begins by analyzing the rise in hate speech codes at public universities and examining two U.S. Supreme Court decisions in R.A.V. v. City of St. Paul and Wisconsin v. Mitchell. The author argues that a hate speech code that implements forward-looking, long-term education objective would work towards stopping hate on campus without violating students' First Amendment rights. This Note reaches the conclusion that a narrowly drawn hate speech code based on recognized First Amendment exceptions, implemented along with with education initiatives, could facilitate the …
Child Access Prevention Laws: Keeping Guns Out Of Our Children's Hands, Rachel Shaffer
Child Access Prevention Laws: Keeping Guns Out Of Our Children's Hands, Rachel Shaffer
Fordham Urban Law Journal
This Note explores the Child Access Prevention ("CAP") law and laws which are generally intended to limit children's access to guns at home. The author proposes a model CAP law that should be enacted in the United States. This Note discusses the evolution of CAP laws and presents for arguments for and against such laws. It delves into the National Rifle Association's ("NRA") powerful influence that improperly prevents CAP laws from being enacted by the federal government. Additionally, it is argued that unless the federal government enacts a CAP law, innocent children will continue to be injure and lose their …
The Gang's All Here: Anti-Loitering Laws In The Face Of City Of Chicago V. Morales, Robert Delchin
The Gang's All Here: Anti-Loitering Laws In The Face Of City Of Chicago V. Morales, Robert Delchin
Cleveland State Law Review
This Comment examines Morales and the Court's treatment of anti-gang loitering statutes under the vagueness doctrine. Part II examines the City of Chicago's attempt to tackle the problem of gangs terrorizing its citizens and how the Illinois courts dealt with the ordinance. Part III then examines the reasons for the United States Supreme Court invalidating the ordinance, with equal emphasis placed on all the Justice's opinions. Part IV then analyzes the implications of the Court's decision, criticizing the plurality's creation of a fimdamental right to loiter and demonstrating how the ordinance survives a vagueness challenge.
The Confrontation Clause: Statements Against Penal Interest As A Firmly Rooted Hearsay Exception, Amy N. Loth
The Confrontation Clause: Statements Against Penal Interest As A Firmly Rooted Hearsay Exception, Amy N. Loth
Cleveland State Law Review
This Article will explore why these types of confessions, called self-inculpatory statements, should be admissible under the Confrontation Clause of the Sixth Amendment. Part IIA of this Article will discuss the two-part test set forth in Ohio v. Roberts. Part IIB will address Lilly v. Virginia, the Supreme Court's first attempt to resolve whether statements against penal interest are sufficiently reliable to be admissible under the Confrontation Clause. Part IIB will also explore the distinction between self-inculpatory and non-self-inculpatory statements, what constitutes a "firmnly rooted" hearsay exception, and also the policy concerns behind creating a "firmly rooted" hearsay exception. Part …
Prosecution Of Christian Scientists: A Needed Protection For Children Or Insult Added To Injury, Daniel Vaillant
Prosecution Of Christian Scientists: A Needed Protection For Children Or Insult Added To Injury, Daniel Vaillant
Cleveland State Law Review
A young child is dead. The death occurred because the parents refused to take their child to a doctor. Now, ordinarily, this refusal to obtain medical attention for a dying child would result in immediate indictments against the parents for involuntary manslaughter. But what if the parents are Christian Scientists? This question of whether Scientists should be treated differently because of their faith is a very controversial one in America today. If we allow the Scientists to practice their religion without government interference, children who could be medically treated and possibly saved may die. If, on the other hand, we …
The Standing Of Citizens To Enforce Against Violations Of Environmental Statutes In The United States, Jeffrey G. Miller
The Standing Of Citizens To Enforce Against Violations Of Environmental Statutes In The United States, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
Judicial actions by private citizens have played a critical role in the development and enforcement of federal environmental law in the United States over several decades. The courts' general receptivity to the standing of private environmental plaintiffs has made that role possible. A troika of Supreme Court decisions on standing in environmental cases authored by Scalia J over the last decade had eroded that general receptivity, casting doubt on the continued vitality of private actions in developing and implementing environmental law. The Court's recent decision in Friends of the Earth Inc v Laidlaw Environmental Services halts this erosion. To explain …
National Endowment For The Arts V. Finley: Sinking Deeper Into The Abyss Of The Supreme Court's Unintelligible Modern Unconstitutional Conditions Doctrine, Harold B. Walther
National Endowment For The Arts V. Finley: Sinking Deeper Into The Abyss Of The Supreme Court's Unintelligible Modern Unconstitutional Conditions Doctrine, Harold B. Walther
Maryland Law Review
No abstract provided.
Civil Service Appointments And Promotions, Faith Gurk
Civil Service Appointments And Promotions, Faith Gurk
Touro Law Review
No abstract provided.
Due Process, Carrie Foote
Due Process, Kimberly Lumpee
Equal Protection, Donna Fiorelli
Establishment Of Religion, Robert Gingher
Speech And Debate, Edward Callaghan