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Articles 301 - 330 of 452
Full-Text Articles in Constitutional Law
Market Power And Antitrust Issues In The Restructuring Of The Electric Industry, David L. Cruthirds
Market Power And Antitrust Issues In The Restructuring Of The Electric Industry, David L. Cruthirds
Richmond Journal of Law & Technology
Dynegy is one of the country's leading energy merchants - formerly NGC Corporation and Natural Gas Clearinghouse.
Abraham Lincoln And The American Regime: Explorations, George Anastaplo
Abraham Lincoln And The American Regime: Explorations, George Anastaplo
Faculty Publications & Other Works
No abstract provided.
John Quincy Adams Revisited, George Anastaplo
John Quincy Adams Revisited, George Anastaplo
Faculty Publications & Other Works
No abstract provided.
Chasing The Cannon: A Tail's View Of, And Requests To, The Dog, John E. Nowak
Chasing The Cannon: A Tail's View Of, And Requests To, The Dog, John E. Nowak
Faculty Publications & Other Works
No abstract provided.
Toward The Restorative Constitution: A Restorative Justice Critique Of Anti-Gang Public Nuisance Injunctions, Joan W. Howarth
Toward The Restorative Constitution: A Restorative Justice Critique Of Anti-Gang Public Nuisance Injunctions, Joan W. Howarth
Scholarly Works
Gang members from elsewhere congregated on lawns, on sidewalks, and in front of apartment complexes at all hours. They displayed a casual contempt for notions of law, order, and decency -- openly drinking, smoking dope, sniffing toluene, and even snorting cocaine laid out in neat lines on the hoods of residents' cars. San Jose prosecutors responded by obtaining and enforcing a broad injunction against the gangs and their members, based on the finding that the gangs' activities constituted a public nuisance. California prosecutors have sought such anti-gang public nuisance injunctions since 1987. Their constitutionality was in doubt for ten years …
The Tenth Amendment Among The Shadows: On Reading The Constitution In Plato's Cave, Jay S. Bybee
The Tenth Amendment Among The Shadows: On Reading The Constitution In Plato's Cave, Jay S. Bybee
Scholarly Works
In Plato's Allegory of the Cave, he describes a cavernous chamber in which men are imprisoned. Although a large fire lights the cave, the prisoners cannot see the light source. Instead, they can only make out figures that dance and parade in front of them illuminated by the fire. The prisoners cannot even see the figures directly, only their shadows. Everything that the prisoners know about reality they have learned from the distorted shapes of the shadows dancing about the cave's walls. Socrates wonders, if a prisoner were suddenly freed and could see the objects themselves and not merely their …
Common Ground: Robert Jackson, Antonin Scalia, And A Power Theory Of The First Amendment, Jay S. Bybee
Common Ground: Robert Jackson, Antonin Scalia, And A Power Theory Of The First Amendment, Jay S. Bybee
Scholarly Works
There are few cases that contrast more starkly than Justice Robert Jackson's opinion for the Court in West Virginia State Board of Education v. Barnette and Justice Antonin Scalia's majority opinion in Employment Division v. Smith. Although we praise Barnette for its soaring defense of the Free Speech Clause and excoriate Smith for its crabbed reading of the Free Exercise Clause, in fact, Justice Jackson and Justice Scalia are not so far apart. When we read Barnette and Smith in context, we will find that Justice Jackson and Justice Scalia treaded common ground with respect to the First Amendment. …
First Amendment Freedoms And The Encryption Export Battle: Deciphering The Importance Of Bernstein V. United States Department Of Justice, 176 F.3d 1132 (9th Cir. 1999), David Mcclure
Scholarly Works
For many years, a battle has raged over export restrictions on strong encryption products. Encryption ensures confidential and secure communications among individuals, and the Commerce Department and the State Department have long restricted its export because of national security concerns. Industry and privacy groups have fought against the restrictions for various reasons, ranging from the desire to sell encryption software in new markets to preventing government from accessing personal communications between individuals. Daniel Bernstein, a computer science graduate student, challenged these restrictions in 1996, placing himself in the center of this ongoing battle. In 1999, the Ninth Circuit Court of …
The Constitutional Canon: The Challenge Posed By A Transitional Constitutionalism (Symposium: The Canon(S) Of Constitutional Law), Ruti Teitel
Articles & Chapters
No abstract provided.
Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets
Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets
Seattle University Law Review
This Article will first discuss the legal importance of challenging sodomy laws, even though those laws are rarely enforced. It will then discuss the importance of incorporating international and comparative law in formulating these challenges. In Section II, Professor Charlene Smith will discuss past and future strategies, focusing on the topics of equal protection, morality, and the difference (or lack thereof) between acts and status. In Section III, Professor Jim Wilets will explore incorporating international and comparative law into domestic challenges to U.S. sodomy laws. This Article will demonstrate that there is binding Supreme Court authority requiring all U.S. courts …
Coercion, Pop-Psychology, And Judicial Moralizing: Some Proposals For Curbing Judicial Abuse Of Probation Conditions, Andrew Horwitz
Coercion, Pop-Psychology, And Judicial Moralizing: Some Proposals For Curbing Judicial Abuse Of Probation Conditions, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson
Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and practical challenges of holding parents accountable for their children's criminal acts, particularly when influenced by internet content. It questions the effectiveness of parental liability laws and highlights the tension between child protection, parental rights, and internet regulation. While acknowledging the complexity of these issues, the note suggests that parental liability should only apply when a clear causal link exists between negligence and harm, though proving such a link is legally challenging. Ultimately, the analysis advocates for a nuanced approach to balancing these competing interests.
Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem, Lundy Langston
Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem, Lundy Langston
Journal Publications
Two individuals meet, engage in an intimate, not necessarily sexual, relationship and marry. The two join in a union with the promise to spend the remainder of their natural lives together. But forever is not forever. On a national level, over 50 percent of marriages end in divorce.' Perhaps marriage vows should include a statement about the inevitability of divorce. States' divorce laws vary, from faultbased, to no-fault, to a statutory period of separation. Some states recently made it easier for individuals to be granted a divorce. Reasons for making it easier to end marriages could have been related to …
The Ex Post Facto Clause, Paul C. Giannelli
The Ex Post Facto Clause, Paul C. Giannelli
Faculty Publications
No abstract provided.
Convenient Shorthand: The Supreme Court And The Language Of State Sovereignty, Benjamin Priester, H. Jefferson Powell
Convenient Shorthand: The Supreme Court And The Language Of State Sovereignty, Benjamin Priester, H. Jefferson Powell
Journal Publications
Recent Supreme Court decisions have dramatically underscored the significance of the states as vital entities within the United States constitutional system. The Court has repeatedly protected the states' political and legal integrity against congressional conscription' and federal court litigation. In addition, the Court has broadened the effective range of state autonomy through its revival of content-based limitations on the scope of Congress's delegated powers. This recent wave of federalism has generated opinions that often seem to turn on The problem with this principle of respect for state sovereignty is that its meaning is not self-evident. The states plainly are not …
The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr
The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr
Journal Publications
"Our Constitution is colorblind" initially meant that white majority preferences could not and should not be reflected in government action. The maxim now means race should not be reflected at all in government action. The answer to racism lies somewhere between well-reasoned "blind" hope and historically-proven skepticism. Part I of this Article discusses the ideal of the colorblind society; Part II discusses what this Article deems as Colorblind I. Part III places each colorblind argument in perspective, and seeks to illustrate that the concept of colorblindness could be an ideal, but has rather become meaningless rhetoric in an endless racial …
The Majority Opinion As The Social Constuction Of Reality: The Supreme Court And Prison Rules, James E. Robertson
The Majority Opinion As The Social Constuction Of Reality: The Supreme Court And Prison Rules, James E. Robertson
Oklahoma Law Review
No abstract provided.
The Arbitrary Path Of Due Process, Harry F. Tepker Jr.
The Arbitrary Path Of Due Process, Harry F. Tepker Jr.
Oklahoma Law Review
No abstract provided.
Criminal Procedure: Allowing The Prosecution A "Second Bite At The Apple" In Non-Capital Sentencing: Monge V. California, Eva Maria Floyd
Criminal Procedure: Allowing The Prosecution A "Second Bite At The Apple" In Non-Capital Sentencing: Monge V. California, Eva Maria Floyd
Oklahoma Law Review
No abstract provided.
Oklahoma Constitutional Law: Highway Robbery: In Re Oklahoma Capitol Improvement Authority: The Eulogy For Oklahoma Constitutional Debt Limitations, Brian Edward Wheeler
Oklahoma Constitutional Law: Highway Robbery: In Re Oklahoma Capitol Improvement Authority: The Eulogy For Oklahoma Constitutional Debt Limitations, Brian Edward Wheeler
Oklahoma Law Review
No abstract provided.
Abortions Of The Parental Prerogatives Of Unwed Natural Fathers: Deterring Lost Paternity, Jeffrey A. Parness
Abortions Of The Parental Prerogatives Of Unwed Natural Fathers: Deterring Lost Paternity, Jeffrey A. Parness
Oklahoma Law Review
No abstract provided.
Constitutional Law: Vouchers, Sectarian Schools, And Constitutional Uncertainty: Choices For The Unites States Supreme Court And The States, Catharine V. Ewing
Constitutional Law: Vouchers, Sectarian Schools, And Constitutional Uncertainty: Choices For The Unites States Supreme Court And The States, Catharine V. Ewing
Oklahoma Law Review
No abstract provided.
Census 2000: Why The Majority In Department Of Commerce V. United States House Of Representatives Was Correct In Rejecting Statistical Sampling, Angela D. Kelley
Census 2000: Why The Majority In Department Of Commerce V. United States House Of Representatives Was Correct In Rejecting Statistical Sampling, Angela D. Kelley
Oklahoma Law Review
No abstract provided.
Oklahoma Constitutional Law: The Future Of The Fourth Amendment In Oklahoma High Schools, Melinda Wyatt Gilliam
Oklahoma Constitutional Law: The Future Of The Fourth Amendment In Oklahoma High Schools, Melinda Wyatt Gilliam
Oklahoma Law Review
No abstract provided.
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
University of Richmond Law Review
A world without judicial review? Not that long ago-when the Left fought tooth and nail to defend the legacy ofthe Warren and (much of the) Burger Courts-the thought of taking the Constitution away from the courts would have been horrific. Witness, for example, Edward Kennedy's depiction of "Robert Bork's America!' as "a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, [and] rogue police could break down citizens' doors in midnight raids." Bork's sin, of course, was embracing a kind of populist constitutional discourse, that is, the notion that the founders "banked …
Populist Natural Law (Reflections On Tushnet's "Thin Constitution"), Frank I. Michelman
Populist Natural Law (Reflections On Tushnet's "Thin Constitution"), Frank I. Michelman
University of Richmond Law Review
Constitutional review is the activity of measuring action choices of governments against a pre-existing set of publicly known or ascertainable, "higher" norms for the conduct of government. Anyone can do it: chief executives pondering vetoes or preparing state messages; legislators contemplating legal change; police chiefs reviewing department manuals; school board members debating curriculum guides; city planners routing highway expansions; citizens lobbying and pundits castigating any or all of the above; dinner partners talking politics; candidates running for office; voters turning out rascals. "American-style judicial review," let us say, is constitutional review conducted by a nonpopular, unelected, life-tenured body, whose decisions, …
Looking Sideways, Looking Backwards, Looking Forwards: Judicial Review Vs. Democracy In Comparative Perspective, Ran Hirschl
Looking Sideways, Looking Backwards, Looking Forwards: Judicial Review Vs. Democracy In Comparative Perspective, Ran Hirschl
University of Richmond Law Review
For the [past] two centuries, the Constitution [has been] as central to American political culture as the New Testament was to medieval Europe. Just as Milton believed that "all wisdom is enfolded" within the pages of the Bible, all good Americans, from the National Rifle Association to the ACLU, have believed no less of this singular document.
Comparing Alternative Approaches About Congress's Role In Constitutional Law, Charles Tiefer
Comparing Alternative Approaches About Congress's Role In Constitutional Law, Charles Tiefer
University of Richmond Law Review
Mark Tushnet's Taking the ConstitutionAway from the Courts presents many aspects of the theme expressed in its title. I find most interesting the aspect concerning Congress's role in constitutional law. I like this aspect because I spent almost two decades working on constitutional law in Congress, principally as the House of Representatives' Solicitor and Deputy General Counsel representing the House of Representatives in countless constitutional controversies, and I have written a good deal about it. Tushnet provides us with an alternative perspective from which we can view Congress both during that time and since. Tushnet's book is kind enough to …
Herbert Wechsler's Complaint And The Revival Of Grand Constitutional Theory, Keith E. Whittington
Herbert Wechsler's Complaint And The Revival Of Grand Constitutional Theory, Keith E. Whittington
University of Richmond Law Review
In 1988, Mark Tushnet noted the "revival of grand theory in constitutional law." Tushnet was somewhat unusual in specifying the object of contemporary constitutional theory so precisely. As he noted, what had been revived in the late twentieth century was an "interest in comprehensive normative theories of constitutional law." There was relatively little broad concern with constitutionalism in this revival, but quite a lot of concern with justifying and elaborating the preferred constitutional decisions of the Supreme Court in specific cases. Having "just published a book on constitutional theory that I unsurprisingly but undoubtedly erroneously regard as the last word …
Response: Politics, National Identify, And The Thin Constitution, Mark Tushnet
Response: Politics, National Identify, And The Thin Constitution, Mark Tushnet
University of Richmond Law Review
Any author would be pleased at having his or her work taken as seriously as mine has been by the contributors to this Symposium. As I wrote in Taking the ConstitutionAway from the Courts, my aim was not so much to place on the table a serious policy proposal-elimination of judicial review-but rather was to broaden a discussion about constitutionalism and judicial review that has been far too narrow. For a decade or more, constitutional theory and theorists have been overly concerned with questions about constitutional interpretation that are the legacy of controversies over the Warren Court's liberal activism. The …