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Articles 91 - 120 of 435
Full-Text Articles in Constitutional Law
Freedom Of Or Freedom From Religion? An Overview Of Issues Pertinent To The Constitutional Protection Of Religious Rights And Freedom In "The New South Africa", Lourens Du Plessis
Freedom Of Or Freedom From Religion? An Overview Of Issues Pertinent To The Constitutional Protection Of Religious Rights And Freedom In "The New South Africa", Lourens Du Plessis
BYU Law Review
No abstract provided.
Religious Freedom: Russian Constitutional Principles-Historical And Contemporary, Nikolas K. Gvosdev
Religious Freedom: Russian Constitutional Principles-Historical And Contemporary, Nikolas K. Gvosdev
BYU Law Review
No abstract provided.
Regulation Of Religious Proselytism In The United States, Howard O. Hunter, Polly J. Price
Regulation Of Religious Proselytism In The United States, Howard O. Hunter, Polly J. Price
BYU Law Review
No abstract provided.
An Attempt At Modernization: The New Bulgarian Legislation In The Field Of Religious Freedom, Atanas Krussteff
An Attempt At Modernization: The New Bulgarian Legislation In The Field Of Religious Freedom, Atanas Krussteff
BYU Law Review
No abstract provided.
Does The Human Right To Freedom Of Conscience, Religion, And Belief Have Special Status?, David Little
Does The Human Right To Freedom Of Conscience, Religion, And Belief Have Special Status?, David Little
BYU Law Review
No abstract provided.
Religious Pluralism: Problems And Prospects, J. Gordon Melton
Religious Pluralism: Problems And Prospects, J. Gordon Melton
BYU Law Review
No abstract provided.
Religious Freedom And Legislation In Post-Soviet Estonia, Ringo Ringvee
Religious Freedom And Legislation In Post-Soviet Estonia, Ringo Ringvee
BYU Law Review
No abstract provided.
Religious Freedom, Separation Of Powers, And The Reversal Of Roles, Michael W. Mcconnell
Religious Freedom, Separation Of Powers, And The Reversal Of Roles, Michael W. Mcconnell
BYU Law Review
No abstract provided.
Religious Freedom In Germany, Gerhard Robbers
Perspectives On Religious Freedom In Spain, Jose Antonio Souto Paz
Perspectives On Religious Freedom In Spain, Jose Antonio Souto Paz
BYU Law Review
No abstract provided.
Islam In Russia Under The Federal Law On Freedom Of Conscience And On Religious Associations: Official Tolerance In An Intolerant Society, R. Christopher Preston
Islam In Russia Under The Federal Law On Freedom Of Conscience And On Religious Associations: Official Tolerance In An Intolerant Society, R. Christopher Preston
BYU Law Review
No abstract provided.
A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen
A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen
William & Mary Law Review
No abstract provided.
The 2000 Presidential Election: Archetype Or Exception?, Michael C. Dorf
The 2000 Presidential Election: Archetype Or Exception?, Michael C. Dorf
Michigan Law Review
The day after the Supreme Court's decision in Bush v. Gore, a colleague who specializes in tax law approached me with mock sympathy. "It must be very discouraging trying to teach constitutional law," he said, "when it's so obviously made up." This view of the Court's decision remains widely held, at least within the academy and among those who did not vote for President Bush. Unlike many of my fellow Democrats and academic colleagues, however, I see no reason to question the motives of the majority (or dissenting) Justices in Bush v. Gore. I certainly do not think that the …
Morgan Kousser's Noble Dream, Heather K. Gerken
Morgan Kousser's Noble Dream, Heather K. Gerken
Michigan Law Review
J. Morgan Kousser, professor of history and social science at the California Institute of Technology, is an unusual academic. He enjoys the respect of two quite different groups - historians and civil rights litigators. As a historian, Kousser has written a number of important works on the American South in the tradition of his mentor, C. Vann Woodward, including a foundational book on southern political history, The Shaping of Southern Politics: Suffrage Restriction and the Establishment of the One-Party South, 1880-1910. Many of his writings have become seminal texts among election law scholars. Kousser has also used his historical skills …
Democratic Justice In Transition, Marion Smiley
Democratic Justice In Transition, Marion Smiley
Michigan Law Review
Ruti Teitel's Transitional Justice and Ian Shapiro's Democratic Justice come out of very different academic traditions. But they both develop a view of justice that might loosely be called pragmatic by virtue of its treatment of justice as a value that is simultaneously grounded in practice and powerful in bringing about social and political change. Moreover, they both use this shared pragmatic view of justice to provide us with two things that are of great importance to the study of transitional justice and democracy in general. The first is an explanatory framework for understanding how legal institutions and claims about …
Finding Gold In The Rainbow Rights Movement, Shayna S. Cook
Finding Gold In The Rainbow Rights Movement, Shayna S. Cook
Michigan Law Review
In her history of the past fifty years of the gay and lesbian civil rights movement, Patricia Cain recounts the litigation successes and failures that contributed to the legal status of gays and lesbians in the Untied States today. Clearly an insider who has marched with the movement every step of the way, Cain provides a comprehensive account of all fronts of the battle in state and federal courts since 1950. But while Rainbow Rights serves as a good primer on the legal challenges and the key themes uniting them, the book reads like an account of a struggle ending …
Are We Protecting The Wrong Rights?, Jennifer L. Saulino
Are We Protecting The Wrong Rights?, Jennifer L. Saulino
Michigan Law Review
Elizabeth Bartholet, in her book Nobody's Children, takes a strong step toward beginning a new kind of dialogue about abused and neglected children. She positions herself as a liberal who has come to terms with the fact that traditional liberal ideals are in conflict with the needs of abused and neglected children (p. 5). In doing so, she tries to convince her readers that, regardless of ideology, we all should have a different focus in the area of child abuse and neglect law. She uses Sabrina as one of several examples of how programs for abused and neglected children that …
The Right Of Expressive Association And Private Universities' Racial Preferences And Speech Codes, David E. Bernstein
The Right Of Expressive Association And Private Universities' Racial Preferences And Speech Codes, David E. Bernstein
William & Mary Bill of Rights Journal
The reaction to Boy Scouts of America v. Dale has divided along ideological lines. Conservatives generally support Dale because in their eyes it prevents the government from taking sides in the culture wars. "Progressives, "including many liberals who otherwise have strong civil libertarian instincts, oppose Dale because it inhibits the enforcement of antidiscrimination laws in some contexts. The underlying issue in Dale was whether a private, nonprofit expressive association has a First Amendment right to discriminate to prevent dilution of its message. Despite the ideological rancor over Dale, this right does not favor groups with any particular perspective, but protects …
The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk
The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk
William & Mary Bill of Rights Journal
Professors Erwin Chemerinsky and Catherine Fisk take issue on several grounds with Boy Scouts of America v. Dale, in which the Supreme Court held that the Boy Scouts have a First Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale 's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-and it did so at the expense of many current and …
Personal Does Not Always Equal "Private": The Constitutionality Of Requiring Dna Samples From Convicted Felons And Arrestees, Martha L. Lawson
Personal Does Not Always Equal "Private": The Constitutionality Of Requiring Dna Samples From Convicted Felons And Arrestees, Martha L. Lawson
William & Mary Bill of Rights Journal
In the past couple of decades, the use of DNA testing has become a major debate in criminal law. Many Americans have called for regular use of DNA testing in criminal cases, particularly in the aftermath of the O.J. Simpson murder trial. While these tests can potentially help better ensure justice conducting DNA tests raises fundamental personal privacy concerns. This Note analyzes the development of DNA testing throughout the United States, giving a historical account of how the courts and local police departments have dealt with this testing Finally, the Note argues that the government's interest in mandatory testing of …
A Conservative Defense Of Romer V. Evans, Dale Carpenter
A Conservative Defense Of Romer V. Evans, Dale Carpenter
Indiana Law Journal
No abstract provided.
When Can A State Be Sued?, William W. Van Alstyne
When Can A State Be Sued?, William W. Van Alstyne
Popular Media
In her Popular Government article “When You Can’t Sue the State: State
Sovereign Immunity” (Summer 2000), Anita R. Brown-Graham described
a series of recent decisions in which a sharply divided U.S. Supreme Court
barred individuals from suing states for money damages for certain violations
of federal law, such as laws prohibiting discrimination against employees
because of their age. In the response that follows, William Van Alstyne
argues that this barrier to relief is neither unduly imposing nor novel. The
debate over the significance of these decisions is likely to continue. In
February 2001, in another case decided by a five-to-four …
Chief Justice Joseph R. Weisberger's Page Of History, Bruce I. Kogan, Cheryl L. Robertson
Chief Justice Joseph R. Weisberger's Page Of History, Bruce I. Kogan, Cheryl L. Robertson
Law Faculty Scholarship
No abstract provided.
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
The Good Society, Commerce, And The Rehnquist Court, Michael C. Dorf
The Good Society, Commerce, And The Rehnquist Court, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
The Gestation Of Birthright Citizenship, 1868-1898: States' Rights, The Law Of Nations, And Mutual Consent, Bernadette Meyler
The Gestation Of Birthright Citizenship, 1868-1898: States' Rights, The Law Of Nations, And Mutual Consent, Bernadette Meyler
Cornell Law Faculty Publications
This article considers the inheritance of the seventeenth-century English common law conception of the subject in nineteenth-century America and, ultimately, in the Supreme Court’s decision in United States v. Wong Kim Ark (1898). It examines the claims for birthright citizenship derived from British common law and the three principal arguments against them. These latter included: objections to the assertion of a federal common law of citizenship from the perspective of state sovereignty; arguments that the United States should embrace citizenship by blood rather than by birth in order to conform to the practice of the law of nations and other …
Constitutionality Of "No-Citation" Rules, Salem M. Katsh, Alex V. Chachkes
Constitutionality Of "No-Citation" Rules, Salem M. Katsh, Alex V. Chachkes
The Journal of Appellate Practice and Process
No-citation rules raise serious constitutional concerns. Assuming that it is constitutional to designate an opinion as nonprecedential, it is not constitutional to prohibit citing an opinion. No-citation rules are unconstitutional for two reasons. The first, citation prohibitions interfere with a litigant’s First Amendment right of speech and petition. Second, citation prohibitions violate the separation of powers.
Publicity And The Judicial Power, Daniel N. Hoffman
Publicity And The Judicial Power, Daniel N. Hoffman
The Journal of Appellate Practice and Process
The judicial branch was created in order to ensure that the rule of law and not the rule of man prevailed. Judges must use reasoning and analysis to fulfill this role. Making decisions based on mere coin tosses or without giving a reason for the decision detracts from the rule of law. Issuing decisions that cannot be published or cited also detracts the judicial role of ensuring that law rules the land.
A Constitutional Beginning: Making South Africa's Final Constitution, Christina Murray
A Constitutional Beginning: Making South Africa's Final Constitution, Christina Murray
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin
Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin
The Journal of Appellate Practice and Process
Judicial review allows the Supreme Court of the United States to perform revolutionary constitutional change. The United States Courts of Appeals could also be a vehicle for revolutionary constitutional adjudication.