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Constitutional Law Commons™

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2004

Discipline
Institution
Keyword
Publication
Publication Type

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 Feb 2004

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 Feb 2004

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 Feb 2004

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 Feb 2004

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 Feb 2004

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 Feb 2004

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 Feb 2004

"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 Feb 2004

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 Feb 2004

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 Feb 2004

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 Feb 2004

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 Feb 2004

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 Feb 2004

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 Feb 2004

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 Feb 2004

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 Feb 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

Section 1983 Civil Rights Litigation Colloquium, Erwin Chemerinsky, Martin A. Schwartz

Touro Law Review

No abstract provided.


A Constitution For Everyone, Bruce Ledewitz Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 …