Constitutional Law Commons^™

Saif V. Government Press Office, Dalia Dorner, Salim Joubran, Eliezer Rivlin

Translated Opinions

Facts: At the end of 2001, the Government Press Office decided that it would no longer give press badges to Palestinian journalists who were residents of Judaea and Samaria, because of the security risk. The petitioners in the two petitions challenged this policy.

Held: The court held that the refusal to give press badges to Palestinian journalists who were residents of Judaea and Samaria, without any consideration of the individual cases of the persons applying for a press badge, could not be justified on security grounds alone. The respondents had not considered the right of freedom of expression that conflicted …

Writing Their Faith Into The Law Of The Land: Jehovah's Witnesses, The Supreme Court And The Battle For The Meaning Of The Free Exercise Clause, 1939-1945, Patrick J. Flynn

ExpressO

The article traces the development of free exercise jurisprudence through the battles of Jehovah's Witnesses before the Court, and the battles on the Court between Justices Black, Douglas and Frankfurter to establish their constitutional faiths as the law of the land during a brief period in the early 1940's when these issues came before the Court in a flurry of decisions, then disappeared.

Rights At United States Borders, Jon Adams

ExpressO

This article explores protections available under the Fourth and Fifth Amendments to the United States Constitution. Contrary to opinions in popular culture, and perhaps even among Customs officials, powers to search, seize, and interrogate at United States border crossings are not unlimited. In the current world climate of security and threat, a discussion regarding the level of intrusiveness available to a zealous Customs agent appears particularly relevant. The article addresses the requirements for search, seizure, and interrogation, as well as the lawful conditions and limits upon each activity.

International Child Abductions: The Challenges Facing America , Charles F. Hall

ExpressO

International child abductors often escape domestic law enforcement and disappear without consequence or resolution. International child abductions occur too frequently; in the United States alone, the number of children abducted abroad every year has risen to over 1,000. Currently, 11,000 American children live abroad with their abductors. These abductions occur despite international treaties and the Congressional resolutions that have significantly stiffened the penalties for those caught. Effectively combating international child abductions requires drafting resolutions that are acceptable across the diverse societies and cultures of the international community. Without such resolutions to fill the gaps of current treaties this problem will …

Constitutionalism In The Streets, Gary D. Rowe

ExpressO

This Article works at the border of constitutional history and constitutional law. It embarks on a reconstruction of constitutionalism in the early American Republic through a microhistorical case study, an analysis of the fascinating United States v. Peters (1809), the first Supreme Court decision to strike down a state law. In the last half century, the Supreme Court has repeatedly asserted that it is the “ultimate expositor of the constitutional text.” From Cooper v. Aaron to United States v. Morrison, the Court has invoked no less than the authority of Chief Justice John Marshall and his opinion in Marbury v. …

Equality Without Tiers, Suzanne Goldberg

Rutgers Law School (Newark) Faculty Papers

No abstract provided.

The Cocaine Vaccine, Dru Stevenson

ExpressO

The controversial new cocaine vaccine (TA-CD) has the potential to be an extremely effective treatment tool for recovering addicts, but it also presents opportunities for non-therapeutic uses, such as preventing cocaine use in the first place. It is foreseeable that the cocaine vaccine could become a condition of parole or probation, or receiving welfare payments, or for employment in certain occupations. Universal vaccination is also a possibility but less likely for political reasons. This article investigates each of these areas of potential use. Any setting where mandatory drug testing is currently in place could become a venue for the vaccination. …

Marbury's Myths: John Marshall, Judicial Review And The Rule Of Law , Robert J. Reinstein

ExpressO

No abstract provided.

Supermajority Provisions, Guinn V. Legislature And A Flawed Constitutional Structure, Steve R. Johnson

Scholarly Publications

The constitutional crisis of 2003 was a defining event for Nevada and may prove instructive for the rest of the nation. Among the prominent features in the topography of the crisis were (1) state constitutional provisions that required two-thirds legislative approval for tax increases but only simple majority approval for spending increases and (2) the State Supreme Court’s decisions in Guinn v. Legislature that ended the immediate impasse. Both are focal points of continuing controversy.

Criticism of the Guinn decision has exceeded praise of it – probably in frequency, certainly in passion and rhetorical exuberance. In my view, much of …

Unraveling Ring V. Arizona: Balancing Judicial Sentencing Enhancements With The Sixth Amendment In Capital Punishment Schemes, Daren S. Koudele

West Virginia Law Review

No abstract provided.

The Irrational Use Of Rational Basis Review In Lawrence V. Texas: Implications For Our Society, Susan Austin Blazier

Campbell Law Review

This article ... will begin by relaying the facts and background of the Lawrence case. Next, it will discuss the Court's decision in Bowers v. Hardwick and explore the constitutional law foundations for the Court's traditional reasoning as displayed in Bowers. The article will then turn to the Court's analysis of Lawrence. Finally, it will address the potential far-reaching implications of the Lawrence decision in the realm of constitutional law.

Surreptitious Search Warrants And The Usa Patriot Act: "Thinking Outside The Box But Within The Constitution," Or A Violation Of Fourth Amendment Protections?, Robert M. Duncan Jr.

City University of New York Law Review

No abstract provided.

Brown'S Legacy Then And Now: Race And Law School Admissions Debates Continue After Nearly 70 Years, Lauren M. Collins

Law Faculty Articles and Essays

Next month marks the 50th anniversary of the landmark desegregation case Brown v. Board of Education. Although this case represents a major victory in the battle for civil rights, the struggle against racism in education began some 20 years prior to Brown. During the 1930s and 1940s, at least seven African-American law school candidates aggressively challenged the unequal treatment of minority applicants in state courts, some eventually reaching the U.S. Supreme Court. Early successes in these cases lead to the more sweeping Brown decision, which then contributed to further law school admission policy reform. Discussion about the role of …

Civic Constitutionalism, The Second Amendment, And The Right Of Revolution, David C. Williams

Indiana Law Journal

Indiana University Distinguished Faculty Research Lecture. April 23, 2003.

Did The Government Finally Get It Right? An Analysis Of The Former Ins, The Office Of Refugee Resettlement And Unaccompanied Minor Aliens' Due Process Rights, Jessica G. Taverna

William & Mary Bill of Rights Journal

No abstract provided.

Who Gets In? The Quest For Diversity After Grutter, Athena D. Mutua, Sheldon Zedeck, Frank H. Wu, Charles E. Daye, Margaret E. Montoya, David L. Chambers

Buffalo Law Review

On March 8, 2004, the University at Buffalo Law School hosted its annual Mitchell Lecture,1 a panel discussion entitled, "Who Gets In? The Quest for Diversity After Grutter." The Mitchell Committee decided to focus this year's lecture on innovative proposals to ensure diversity in law school admissions in light of the Supreme Court's ruling in Grutter v. Bollinger, which confirmed that race and ethnicity could be taken into consideration in admission decisions for diversity purposes. Noting that much of the debate about Grutter thus far has emphasized the decision's constitutionality or its implications for affirmative action, the Committee sought to …

The Use Of Prior Convictions After Apprendi, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Brown Et Al. V. Board Of Education Of Topeka Et Al., 347 U.S. 483 (1954), Supreme Court Of The United States

The Journal of Appellate Practice and Process

No abstract provided.

"Power Over This Unfortunate Race": Race, Politics And Indian Law In United States V. Rogers, Bethany R. Berger

William & Mary Law Review

"[F]rom the very moment the general government came into existence to this time, it has exercised its power over this unfortunate race in the spirit of humanity and justice, and has endeavoured by every means in its power to enlighten their minds and increase their comforts, and to save them if possible from the consequences of their own vices."

In 1846, in United States v. Rogers, the Supreme Court blithely announced the above vision of the history of Indian-United States relations. The first part of the quote describes Indian people as a race and an inferior one; the second part …

Regulatory Takings And The Original Understanding Of The Takings Clause, Matthew P. Harrington

William & Mary Law Review

No abstract provided.

The Constitutionalization Of Quebec Libel Law, 1848-2004, Joseph Kary

Osgoode Hall Law Journal

In 1848, a Quebec judge changed the law of defamation to accord with the newly-applicable constitutional right to freedom of speech. His decision and those that followed seem strange now that the Supreme Court of Canada has held that Charter rights do not apply to private law. These decisions show that the constitutionalization of libel law was not an American innovation, but rather one that emerged in Canada over a century earlier. This article analyzes the Quebec cases in detail, and suggests that they were grounded in liberal ideas about the British Constitution that were prevalent in Lower Canada at …

Lawrence's Republic, James E. Fleming

Faculty Scholarship

I am delighted and honored to participate in this symposium critiquing and celebrating the remarkable scholarship of Frank Michelman. I was a student of Frank-but of course we all are students of Frank. I also have had the good fortune to be a colleague of Frank-he has been a distinguished visiting professor at Fordham and has generously participated in a number of our conferences there. The only problem I had in preparing for the symposium is that Frank's scholarship is so rich and wide-ranging that it was difficult to decide what to write about. I initially planned to write a …

Interpretive Holism And The Structural Method, Or How Charles Black Might Have Thought About Campaign Finance Reform And Congressional Timidity, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

The Futile Quest For Racial Neutrality In Capital Selection And The Eight Amendment Argument For Abolition Based On Unconscious Racial Discrimination, Scott W. Howe

William & Mary Law Review

No abstract provided.

Cross Burning, Cockfighting, And Symbolic Meaning: Toward A First Amendment Ethnography, Timothy Zick

William & Mary Law Review

No abstract provided.

The Right To Counsel In Criminal Cases: The Law And The Reality In Rhode Island District Court, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.

Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Lawrence V. Texas: Evolution Of Constitutional Doctrine, Diana Hassel

Law Faculty Scholarship

No abstract provided.

Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Murky Depths Of The Entry Fiction Doctrine: The Plight Of Inadmissible Aliens Post-Zadvydas, Allison Wexler

Cardozo Law Review

No abstract provided.