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Constitutional Law Commons™

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2002

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Institution
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Articles 151 - 180 of 404

Full-Text Articles in Constitutional Law

The Causation Fallacy: Bakke And The Basic Arithmetic Of Selective Admissions, Goodwin Liu Mar 2002

The Causation Fallacy: Bakke And The Basic Arithmetic Of Selective Admissions, Goodwin Liu

Michigan Law Review

Last Term, the Supreme Court turned down two invitations to resolve the constitutionality of affirmative action in college and university admissions. In May 2001, the Court for the second time declined to review a Fifth Circuit decision holding that the use of racial preferences to achieve diversity in the student body serves no compelling interest. A few weeks later, the Court let stand a conflicting Ninth Circuit decision that upheld a .law school affirmative action policy on the ground that "educational diversity is a compelling governmental interest that meets the demands of strict scrutiny." The legal controversy over admissions preferences …

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Revenue Bonds And Religious Education: The Constitutionality Of Conduit Financing Involving Pervasively Sectarian Institutions, Trent Collier Mar 2002

Revenue Bonds And Religious Education: The Constitutionality Of Conduit Financing Involving Pervasively Sectarian Institutions, Trent Collier

Michigan Law Review

The Establishment Clause - and particularly the issue of government funding of religious education - is one of the murkiest areas of Supreme Court jurisprudence. The Supreme Court has acknowledged as much, and the sharp divide in the Court's most recent forays into Establishment Clause territory illustrates the point that the current jurisprudential standards allow for a broad range of interpretation. There is some hope that the Supreme court will provide further clarification of its Establishment Clause standard in the near future. For now, however, it appears that the dominant mode of the Establishment Clause analysis is the examination of …

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Nine Ways To Avoid A Train Wreck: How Title 3 Should Be Changed, Michael J. Glennon Mar 2002

Nine Ways To Avoid A Train Wreck: How Title 3 Should Be Changed, Michael J. Glennon

Cardozo Law Review

No abstract provided.

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The Unbearable Rightness Of Bush V. Gore, Nelson Lund Mar 2002

The Unbearable Rightness Of Bush V. Gore, Nelson Lund

Cardozo Law Review

No abstract provided.

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Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport Mar 2002

Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport

Articles

No abstract provided.

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Civil Liberties And The Grave Danger Of Terrorism: Speech Before The Cuyahoga County Bar Ass'n Bd Of Trustee, Arthur R. Landever Feb 2002

Civil Liberties And The Grave Danger Of Terrorism: Speech Before The Cuyahoga County Bar Ass'n Bd Of Trustee, Arthur R. Landever

Law Faculty Presentations and Testimony

Supporters and Opponents endorse Lincoln's caution that the "dogmas of the quiet past are inadequate to the stormy present. We must think anew." All sides also agree that "eternal vigilance is the price of liberty." But what do such words mean in the world following 9/11? Supporters and Opponents of the National Government's anti-terrorism policies have starkly different perceptions. This is so as to a) the crisis we face, b) the need for particular policies, and c) the impact on civil liberties and upon our Constitutional system. Clearly, lawyers have a special duty to understand those differing perceptions in order …

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Brief Of Conference Of Chief Justices As Amicus Curiae Supporting Respondents, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Feb. 19, 2002), ., Roy A. Schotland Feb 2002

Brief Of Conference Of Chief Justices As Amicus Curiae Supporting Respondents, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Feb. 19, 2002), ., Roy A. Schotland

U.S. Supreme Court Briefs

No abstract provided.

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The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, Samuel R. Olken Feb 2002

The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, Samuel R. Olken

William & Mary Bill of Rights Journal

In The Business of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy of Justice George Sutherland, Samuel Olken traces the dichotomy that emerged in constitutional law in the aftermath of the Lochner era between economic liberty and freedom of expression. During the 1930s, while a deeply divided United States Supreme Court adopted a laissez faire approach to economic regulation, it viewed with great suspicion laws that restricted the manner and content of expression. During this period, Justice George Sutherland often clashed with the majority consistently insisting that state regulation of private economic rights bear a close and …

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Ake V. Oklahoma And An Indigent Defendant's 'Right' To An Expert Witness: A Promise Denied Or Imagined?, Carlton Bailey Feb 2002

Ake V. Oklahoma And An Indigent Defendant's 'Right' To An Expert Witness: A Promise Denied Or Imagined?, Carlton Bailey

William & Mary Bill of Rights Journal

Since the Supreme Court's decision in Ake v. Oklahoma, it has attempted to determine and clarify the rights of an indigent defendant. Over the past sixteen years, many questions concerning an indigent defendant's access to expert witnesses have been answered, but many questions still remain. In this article, Professor Carlton Bailey attempts to clarify the Ake decision by arguing that an indigent defendant should be able to secure, upon a proper showing, psychiatric and non-psychiatric assistance at state expense.

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The Constitution And The Other Constitution, Michael Kent Curtis Feb 2002

The Constitution And The Other Constitution, Michael Kent Curtis

William & Mary Bill of Rights Journal

In this article, Professor Michael Kent Curtis examines how laws that shape the distribution of wealth intersect with and affect popular sovereignty and free speech and press. He presents this discussion in the context of the effect of the Other Constitution on The Constitution. Professor Curtis begins by taking a close-up look at the current campaign finance system and the concentration of media ownership in a few corporate bodies and argues that both affect the way in which various political issues are presented to the public, if at all. Professor Curtis continues by talking about the origins of our constitutional …

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Assessing The Legitimacy Of Governmental Regulation Of Modern Speech Aimed At Social Reform: The Importance Of Hindsight And Causation, Kenneth J. Brown Feb 2002

Assessing The Legitimacy Of Governmental Regulation Of Modern Speech Aimed At Social Reform: The Importance Of Hindsight And Causation, Kenneth J. Brown

William & Mary Bill of Rights Journal

When governmental regulation or punishment of speech occurs subsequent to the speech itself, such regulation is conducted with the benefit of hindsight. This is important because hindsight enables us to discern whether the expression in question has caused any legally cognizable harm. When speech is responsible for such a harm, its punishment is justfied by this causal connection. Yet conversely, when we know that speech is consequence-free, its ex post punishment is conceptually indefensible. In the first part of this article, Mr. Brown criticizes the imminent lawless action standard articulated in Brandenburg v. Ohio for failing to embrace fully this …

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Individualized School Searches And The Fourth Amendment: What's A School District To Do?, Jason E. Yearout Feb 2002

Individualized School Searches And The Fourth Amendment: What's A School District To Do?, Jason E. Yearout

William & Mary Bill of Rights Journal

As high-profile incidents of school violence appear to become more frequent and severe, public perception has deteriorated to the point where many citizens believe that schools are unsafe and administrators lack the power to control student activity. In their efforts to promote a safe learning environment, many school administrators have attempted to create strict guidelines concerning the power of school personnel to prevent illegal and unsafe activity from taking place at school. However, as administrators devise the rules by which to implement these standards, they are given little guidance by the Supreme Court regarding the application of the Fourth Amendment …

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Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn Feb 2002

Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn

Michigan Law Review

From its establishment in the months following the Civil War by a motley assortment of disgruntled former rebels, the first Ku Klux Klan, like its many vigilante counterparts, employed terror to realize its invidious social and political aspirations. This terror assumed disparate shapes - from the storied nightriding of disguised bands on horseback, to cryptic threats, horrific assaults, and, not infrequently, murder. While students of Reconstruction have considered many facets of klan violence, none to date has focused exclusively on sexual violence in its historical specificity. Yet, as the work of Catherine Clinton, Laura Edwards, and Martha Hodes persuasively demonstrates, …

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Transcript For Panel Three: Privacy: Genetic Profiling And Discrimination , Christopher H. Asplen, F.Samuel Baechtel, Lon A. Berk, Susan D. Carle, Q.Todd Dickinson Feb 2002

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.

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The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen Feb 2002

The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen

William & Mary Law Review

No abstract provided.

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Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler Feb 2002

Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler

William & Mary Law Review

No abstract provided.

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We Can Do This The Easy Way Or The Hard Way: The Use Of Deceit To Induce Consent Searches, Rebecca Strauss Feb 2002

We Can Do This The Easy Way Or The Hard Way: The Use Of Deceit To Induce Consent Searches, Rebecca Strauss

Michigan Law Review

In October of 1995, Aaron Salvo was studying and living at Ashland College. College officials informed local FBI agents that they suspected Salvo of possible child molestation and related conduct based on incriminating electronic mail. FBI agents approached Salvo at his dormitory, asked to speak with him in private about the suspicious mail, and suggested they speak in Salvo's dorm room. Salvo agreed to speak with the officers, but declined to do so in his room because his roommate was there, and he did not want to get anyone else involved in the embarrassing nature of the upcoming conversation. Salvo …

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Jubelirer’S Jubilee, Bruce Ledewitz Jan 2002

Jubelirer’S Jubilee, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

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The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz Jan 2002

The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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Amicus Brief Of Howard University Law School For The Supreme Court Case Of Grutter V. Bollinger, Patricia A. Broussard Jan 2002

Amicus Brief Of Howard University Law School For The Supreme Court Case Of Grutter V. Bollinger, Patricia A. Broussard

Amicus Briefs

No abstract provided.

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Disestablishmentarianism Collides With The First Amendment: The Ghost Of Thomas Jefferson Still Haunts Churches, Mathew D. Staver, Anita L. Staver Jan 2002

Disestablishmentarianism Collides With The First Amendment: The Ghost Of Thomas Jefferson Still Haunts Churches, Mathew D. Staver, Anita L. Staver

Faculty Publications and Presentations

This history of church-state relations in the Commonwealth of Virginia date back to Thomas Jefferson and James Madison. Efforts by Jefferson and others to disestablish the state church may be likened to an army conquering a foreign enemy. The state established church was viewed as a remnant of the British government. Disestablishment was considered to be part of the ongoing Revolution. As this article will show, the methods of disestablishment included prohibiting the incorporation of churches, confiscating property, and limiting the amount of real and personal property that churches may own.

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The Inconvenient Militia Clause Of The Second Amendment: Why The Supreme Court Declines To Resolve The Debate Over The Rights To Bear Arms, Robert M. Hardaway, Elizabeth Gormley, Bryan Taylor Jan 2002

The Inconvenient Militia Clause Of The Second Amendment: Why The Supreme Court Declines To Resolve The Debate Over The Rights To Bear Arms, Robert M. Hardaway, Elizabeth Gormley, Bryan Taylor

Sturm College of Law: Faculty Scholarship

There are sound public policy reasons why gun ownership by law abiding citizens in a free society should be protected. Good public policy, however, cannot be formulated as long as there remain fundamental misconceptions about the meaning and history of the Second Amendment of the U.S. Constitution and the law interpreting it. In August of 1994, an exasperated American Bar Association, finding itself unable to match the Gun Lobby's publicity campaigns, pleaded for help from the legal profession to educate the American public about the meaning of the Second Amendment and the intent of the Constitutional Framers. Specifically, the ABA …

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The Significance Of Border Crossings: Lopez, Morrison And The Fate Of Congressional Power To Regulate Goods, And Transactions Connected With Them, Based On Prior Passage Through Interstate Commerce, Gordon G. Young Jan 2002

The Significance Of Border Crossings: Lopez, Morrison And The Fate Of Congressional Power To Regulate Goods, And Transactions Connected With Them, Based On Prior Passage Through Interstate Commerce, Gordon G. Young

Faculty Scholarship

No abstract provided.

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Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin R. Scordato, Paula A. Monopoli Jan 2002

Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin R. Scordato, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

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Antebellum Perspectives On Free Speech, Mark A. Graber Jan 2002

Antebellum Perspectives On Free Speech, Mark A. Graber

Faculty Scholarship

Book review of Free Speech: "The People's Darling Privilege": Struggles for Freedom of Expression in American History by Michael Kent Curtis (Duke University Press, 2000).

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Lurking In The Shadows Of Judicial Process: Special Masters In The Supreme Court's Original Jurisdiction Cases, Anne-Marie Carstens Jan 2002

Lurking In The Shadows Of Judicial Process: Special Masters In The Supreme Court's Original Jurisdiction Cases, Anne-Marie Carstens

Faculty Scholarship

No abstract provided.

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Mohammed And Madison: A Comparison Of The Qur'an And The U.S. Constitution, Joshua White Jan 2002

Mohammed And Madison: A Comparison Of The Qur'an And The U.S. Constitution, Joshua White

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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In For A Calf Is Not Always In For A Cow: An Analysis Of The Constitutional Right Of Anonymity As Applied To Anonymous E-Commerce, Sharon K. Sandeen Jan 2002

In For A Calf Is Not Always In For A Cow: An Analysis Of The Constitutional Right Of Anonymity As Applied To Anonymous E-Commerce, Sharon K. Sandeen

UC Law Constitutional Quarterly

The ability of Internet users to be anonymous is often touted as one of the benefits of the Internet. It is argued that anonymity on the Internet should be protected because it enhances the free exchange of ideas and helps preserve individual privacy. But anonymous on-line communications have an obvious darkside. Anonymous Internet messages and advertisements increase the potential for fraud by making it difficult, if not impossible, for the true identities of communicants to be traced. This article explores the tension that exists between efforts to regulate anonymous Internet communications and the free speech principles of the First Amendment. …

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Legal Context: Reading Statutes In Light Of Prevailing Legal Precedent, Bradford Mank Jan 2002

Legal Context: Reading Statutes In Light Of Prevailing Legal Precedent, Bradford Mank

Faculty Articles and Other Publications

An important question is when judges should consider contextual evidence about the meaning of a statute. Judges usually will read a statute's text in light of judicial precedent prevailing at the time of its enactment to understand the contemporary meaning of various words or phrases in the statute.' A more difficult issue is whether courts should consider contemporary judicial context if a statute's text is silent about an issue. The use of contemporary context to imply statutory meaning has been especially controversial where the issue is whether courts should imply a private right of action.

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A Brief Comment On The Current Eleventh Amendment Jurisprudence Of The Supreme Court, Richard Henry Seamon Jan 2002

A Brief Comment On The Current Eleventh Amendment Jurisprudence Of The Supreme Court, Richard Henry Seamon

Articles

No abstract provided.

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