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Articles 241 - 270 of 553
Full-Text Articles in Constitutional Law
The Authors' Reply To Commentaries On, And Criticisms Of The Militia And The Right To Arms, Or, How The Second Amendment Fell Silent, H. Richard Uviller, William G. Merkel
The Authors' Reply To Commentaries On, And Criticisms Of The Militia And The Right To Arms, Or, How The Second Amendment Fell Silent, H. Richard Uviller, William G. Merkel
William & Mary Bill of Rights Journal
No abstract provided.
Superb History, Dubious Constitutional And Political Theory: Comments On Uviller And Merkel, The Militia And The Right To Arms, Sanford Levinson
Superb History, Dubious Constitutional And Political Theory: Comments On Uviller And Merkel, The Militia And The Right To Arms, Sanford Levinson
William & Mary Bill of Rights Journal
No abstract provided.
Introduction: Ancients, Moderns And Guns, Mark A. Graber
Introduction: Ancients, Moderns And Guns, Mark A. Graber
William & Mary Bill of Rights Journal
No abstract provided.
Gun Rights And The Constitutional Significance Of Violent Crime, Jonathan Simon
Gun Rights And The Constitutional Significance Of Violent Crime, Jonathan Simon
William & Mary Bill of Rights Journal
No abstract provided.
Confidentiality And Juvenile Mental Health Records In Dependency Proceedings, David R. Katner
Confidentiality And Juvenile Mental Health Records In Dependency Proceedings, David R. Katner
William & Mary Bill of Rights Journal
Providing children's disclosures to their mental health therapists greater protection in juvenile dependency cases recognizes the importance of privacy in therapeutic communications. Numerous children are required by juvenile courts to divulge the most intimate details of their lives to mental health experts only to have those disclosures revealed in court proceedings. Reversing the presumption that children's mental health records may be discussed openly in dependency litigation and requiring courts to perform in camera reviews affords children the dignity and respect adults take for granted. Ensuring greater confidentiality for children's mental health records is one step the legal system should take …
Symbolic Counter-Speech, Harold M. Wasserman
Symbolic Counter-Speech, Harold M. Wasserman
William & Mary Bill of Rights Journal
No abstract provided.
"Democratic Despotism" And Constitutional Constraint: An Empirical Analysis Of Ex Post Facto Claims In State Courts, Wayne A. Logan
"Democratic Despotism" And Constitutional Constraint: An Empirical Analysis Of Ex Post Facto Claims In State Courts, Wayne A. Logan
Scholarly Publications
This Article explores the history of the Ex Post Facto Clause, including the Supreme Court's seminal 1798 decision in Calder v. Bull, and analyzes the results of a survey of ex post facto claims decided in state courts from 1992-2002, the first study to catalog the types of claims generated among the states, and the institutional response of state courts to them. The author provides an overview of the claims resolved in state courts, examining the nature of the laws challenged, how the challenges fared, and the rationales used by courts in their dispositions. Discussion focuses on two abiding …
Transcript For Panel Discussion- Regulating Media Competition: The Development And Implications Of The Fcc’S New Broadcast Ownership Rules, American University Law Review
Transcript For Panel Discussion- Regulating Media Competition: The Development And Implications Of The Fcc’S New Broadcast Ownership Rules, American University Law Review
American University Law Review
No abstract provided.
Monolith Or Mosaic: Can The Federal Communications Commission Legitimately Pursue A Repetition Of Local Content At The Expense Of Local Diversity?, Cheryl A. Leanza
Monolith Or Mosaic: Can The Federal Communications Commission Legitimately Pursue A Repetition Of Local Content At The Expense Of Local Diversity?, Cheryl A. Leanza
American University Law Review
No abstract provided.
The Politics And Policy Of Media Ownership, Ben Scott
The Politics And Policy Of Media Ownership, Ben Scott
American University Law Review
No abstract provided.
On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips
On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips
American University Law Review
No abstract provided.
Media Concentration: A Case Of Power, Ego, And Greed Confronting Our Sensibilities, W. Curtiss Priest
Media Concentration: A Case Of Power, Ego, And Greed Confronting Our Sensibilities, W. Curtiss Priest
American University Law Review
No abstract provided.
Can Treasury Overrule The Supreme Court?, Gregg D. Polsky
Can Treasury Overrule The Supreme Court?, Gregg D. Polsky
Scholarly Works
This article considers whether the Treasury's check-the-box regulations, which have been widely praised by tax practitioners, are valid. These regulations generally allow any unincorporated entity to elect whether it will be treated as a corporation or a partnership for tax purposes. When these regulations were first proposed, there was some debate as to whether such an elective regime was foreclosed by the statutory scheme, which requires that "associations" be taxed as corporations. This article argues that the focus of this debate was misplaced because, even assuming that the statutory scheme itself was sufficiently ambiguous as to permit an elective regime, …
Toward A New Constitutional Anatomy, Victoria Nourse
Toward A New Constitutional Anatomy, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
There is an important sense in which our Constitution's structure is not what it appears to be--a set of activities or functions or geographies, the 'judicial" or the "executive" or the "legislative" power, the "truly local and the truly national. "Indeed, it is only if we put these notions to the side that we can come to grips with the importance of the generative provisions of the Constitution: the provisions that actually create our federal government; that bind citizens, through voting, to a House of Representatives, to a Senate, to a President, and even, indirectly, to a Supreme Court. In …
Does History Defeat Standing Doctrine?, Ann Woolhandler, Caleb Nelson
Does History Defeat Standing Doctrine?, Ann Woolhandler, Caleb Nelson
Michigan Law Review
According to the Supreme Court, the Federal Constitution limits not only the types of matters that federal courts can adjudicate, but also the parties who can bring those matters before them. In particular, the Court has held that private citizens who have suffered no concrete private injury lack standing to ask federal courts to redress diffuse harms to the public at large. When such harms are justiciable at all, the proper party plaintiff is the public itself, represented by an authorized officer of the government. Although the Court claims historical support for these ideas, academic critics insist that the law …
Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty
Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty
Michigan Law Review
Conflict abroad almost always enhances executive power at home. This expectation has held true at least since the constitutions of antiquity. It holds no less true for modern constitutions, including the Constitution of the United States. Constitutional arguments for executive power likewise escalate with increased perceptions of foreign threat. It is therefore hardly surprising that broad assertions of presidential power have become commonplace after the events of September 11, 2001, and the ensuing war on international terrorism. One perennial weapon in the executive arsenal is the so-called "Vesting Clause" of Article II of the Constitution. This clause, which provides that …
On The Freedom To Associate Or Not To Associate With Others, Thomas Kleven
On The Freedom To Associate Or Not To Associate With Others, Thomas Kleven
ExpressO
This article discusses the freedom to associate or not to associate with others. Associational issues are pervasive in the law, and arise on both an individual and a societal level. Within societies one party may want to have an association with another who doesn’t want the association, or parties may want to have an association that others find objectionable or may want not to have an association that others favor. In all of these situations society as a whole must decide whether to empower one party to impose an unwanted relationship on others, and whether to prohibit associations that parties …
The Right To Trial By Jury In Environmental Cost-Recovery And Contribution Actions: United States V. England, Jonathan L. Mayes
The Right To Trial By Jury In Environmental Cost-Recovery And Contribution Actions: United States V. England, Jonathan L. Mayes
ExpressO
No abstract provided.
Brief Of International Law And Jurisdiction Professors As Amici Curiae Supporting Petitioners, Rasul V. Bush, Nos. 03-334 & 03-343 (U.S. Jan. 12, 2004), Barry E. Carter
Brief Of International Law And Jurisdiction Professors As Amici Curiae Supporting Petitioners, Rasul V. Bush, Nos. 03-334 & 03-343 (U.S. Jan. 12, 2004), Barry E. Carter
U.S. Supreme Court Briefs
No abstract provided.
Summary Of Aftercare Of Clark County V. Justice Court Of Las Vegas, 120 Nev. Adv. Rep. 2, Jeff Hall
Summary Of Aftercare Of Clark County V. Justice Court Of Las Vegas, 120 Nev. Adv. Rep. 2, Jeff Hall
Nevada Supreme Court Summaries
No abstract provided.
Justice Harlan’S Law And Democracy, Bruce Ledewitz
Justice Harlan’S Law And Democracy, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Sway Of The Swing Vote: Justice Sandra Day O'Connor And Her Influence On Issues Of Race, Religion, Gender And Class: Foreword, Paula A. Monopoli
The Sway Of The Swing Vote: Justice Sandra Day O'Connor And Her Influence On Issues Of Race, Religion, Gender And Class: Foreword, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
Slaughter-House Five: Views Of The Case, David S. Bogen
Slaughter-House Five: Views Of The Case, David S. Bogen
Faculty Scholarship
No abstract provided.
A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla
A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla
Scholarly Articles
Not available.
The Ties That Bind: U.S. Foreign Policy Commitments And The Constitutionality Of Entrenching Executive Agreements, Justin C. Danilewitz
The Ties That Bind: U.S. Foreign Policy Commitments And The Constitutionality Of Entrenching Executive Agreements, Justin C. Danilewitz
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Section 1983 Civil Rights Litigation Colloquium, Erwin Chemerinsky, Martin A. Schwartz
Section 1983 Civil Rights Litigation Colloquium, Erwin Chemerinsky, Martin A. Schwartz
Touro Law Review
No abstract provided.
A Constitution For Everyone, Bruce Ledewitz
A Constitution For Everyone, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Judge Keith, The Constitution And National Security From Haddad To Sinclair - The Damon J. Keith Law Collection Of African-American Legal History Wayne State University Spencer Partrich Auditorium November 18, 2003, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
The Constitutionality Of School Corporal Punishment Of Children As A Betrayal Of Brown V. Board Of Education, Susan H. Bitensky
The Constitutionality Of School Corporal Punishment Of Children As A Betrayal Of Brown V. Board Of Education, Susan H. Bitensky
Loyola University Chicago Law Journal
No abstract provided.
Of Federalism, Human Rights, And The Holland Caveat: Congressional Power To Iplement Treaties, Ana Maria Merico-Stephens
Of Federalism, Human Rights, And The Holland Caveat: Congressional Power To Iplement Treaties, Ana Maria Merico-Stephens
Michigan Journal of International Law
This Article explores whether the Rehnquist Court's federalism doctrine, as elaborated during this last decade, should or ought to extend to the domestication of discrete provisions of ratified human rights treaties. It explores this question by examining the International Covenant on Civil and Political Rights (Covenant) and by considering the civil remedy provision of Violence Against Women Act (VAWA) as potential implementing legislation for the equality provisions of the Covenant. In the context of this inquiry, the discussion engages federalism, as developed by the current Court, on its own terms. That is, I do not seek here to defend it …