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Articles 421 - 450 of 553
Full-Text Articles in Constitutional Law
Marbury's Legacy Of Judicial Review After Two Centuries, Harry F. Tepker
Marbury's Legacy Of Judicial Review After Two Centuries, Harry F. Tepker
Oklahoma Law Review
No abstract provided.
Constitutional Law: Beyond The Bounds Of Roe: Does Stenberg V. Carhart Invalidate The Partial-Birth Abortion Ban Act Of 2003, Scott A. Hodges
Constitutional Law: Beyond The Bounds Of Roe: Does Stenberg V. Carhart Invalidate The Partial-Birth Abortion Ban Act Of 2003, Scott A. Hodges
Oklahoma Law Review
No abstract provided.
Drug-Detection Dogs, Traffic Stops, And The Fourth Amendment, Michael J. Fields
Drug-Detection Dogs, Traffic Stops, And The Fourth Amendment, Michael J. Fields
Oklahoma Law Review
No abstract provided.
Student Suspension For Possession Of Contraband In Student Vehicles: Correct Guidance From The Tenth Circuit, Larry Lewis
Student Suspension For Possession Of Contraband In Student Vehicles: Correct Guidance From The Tenth Circuit, Larry Lewis
Oklahoma Law Review
No abstract provided.
Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman
Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman
Scholarly Works
No abstract provided.
Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages (Symposium: The Fifteenth Annual Supreme Court Review), Leon D. Lazer
Scholarly Works
No abstract provided.
Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila
Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila
Scholarly Works
This Article examines the Supreme Court’s application of the "special needs" principle, which is part of its Fourth Amendment search and seizure jurisprudence, with an emphasis on suspicionless searches. It argues that both courts and commentators have insufficiently acknowledged the tension between the modern regulatory state, which is significantly dependent upon such searches, and adequately protecting liberty interests. The commentators who criticize the Court’s deference ignore that a deferential approach can be justified. Suspicionless civil searches, for example, are not necessarily incompatible with original intent. Moreover, the many proposals for reforming suspicionless civil search jurisprudence, such as reinvigorating the individualized …
Harnessing The Treaty Power In Support Of Environmental Regulation Of Activities That Don't "Substantially Affect Interstate Commerce", Katrina Fischer Kuh
Harnessing The Treaty Power In Support Of Environmental Regulation Of Activities That Don't "Substantially Affect Interstate Commerce", Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
This Article proposes a framework for applying the treaty power that would accomplish the goal of environmental regulation. This framework would be applied where the President has signed, and Congress has ratified, a treaty and Congress has enacted domestic legislation in some way satisfying the goals or requirements of the treaty. Under this framework, the inquiry into whether the treaty power could appropriately be used by Congress in excess of its Article I, Commerce Clause powers would be indexed to the strength of (1) the contract-like nexus between the necessarily reciprocal requirements and the goals of the treaty and the …
The Jose Padilla Story, Donna R. Newman
The Torture Warrant: A Response To Professor Strauss, Alan M. Dershowitz
The Torture Warrant: A Response To Professor Strauss, Alan M. Dershowitz
NYLS Law Review
No abstract provided.
Federalism And Foreign Affairs: How To Remedy Violations Of The Vienna Convention And Obey The U.S. Constitution, Too, Joshua A. Brook
Federalism And Foreign Affairs: How To Remedy Violations Of The Vienna Convention And Obey The U.S. Constitution, Too, Joshua A. Brook
University of Michigan Journal of Law Reform
This Note discusses various ways to bring the United States into better compliance with the 1963 Vienna Convention on Consular Relations The introduction to this Note discusses how violations of the Vienna Convention are currently treated in the United States. In particular, the introduction discusses the unsuccessful attempts to prevent the execution of Karl and Walter LaGrand, two German nationals sentenced to death in Arizona. The LaGrands were convicted after a violation of their rights under the Vienna Convention because they were not informed without delay of their right to consular notification and assistance. In later appeals, United States courts …
“The Corporate Conscience” And Other First Amendment Follies In Pacific Gas & Electric
“The Corporate Conscience” And Other First Amendment Follies In Pacific Gas & Electric
San Diego Law Review
No abstract provided.
Out Of Bounds, Louis Michael Seidman
Out Of Bounds, Louis Michael Seidman
Georgetown Law Faculty Publications and Other Works
Lawrence v. Texas creates a crisis for inclusive constitutionalism. Too often, advocates of inclusion and tolerance wish to include only those ideas and groups with which they agree. The test for true inclusion and tolerance, however, is whether we are willing to protect groups when they engage in conduct of which we disapprove. It follows that the boundaries of inclusion cannot be established simply by moral argument; yet, any plausible version of constitutional law must use some method to bound the people and activity that it protects. Defenders of inclusive constitutionalism have not been successful in identifying a method, independent …
Interpreting Constitutions Comparatively: Some Cautionary Notes, With Reference To Affirmative Action, Mark V. Tushnet
Interpreting Constitutions Comparatively: Some Cautionary Notes, With Reference To Affirmative Action, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
It has now become the conventional wisdom that many justices on the United States Supreme Court are thinking about the relevance of comparative constitutional law to the interpretation of the United States Constitution. An emerging conservative critique of doing so questions the democratic legitimacy of the practice. I believe that those questions are badly formed, but that other questions are worth raising about the (perhaps) emerging practice. In this comment I identify some reasons for caution about the use of transnational comparative law in interpreting domestic constitutions. Some reasons are institutional, others arise from the doctrinal context within which particular …
Marbury V. Madison Around The World, Mark V. Tushnet
Marbury V. Madison Around The World, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
To put the point somewhat strongly for emphasis, the U.S. system of judicial review is now something of an outlier among systems of constitutional review. In this Essay, I consider three aspects of such systems: the structures of review, the theories of review, and the forms of review. My aim is primarily one of description, aiming to highlight the ways in which the U.S. system resembles and differs from the newer systems of judicial review. The U.S. system of judicial review has close-and more distant-relatives in each of these categories. However, the U.S. system remains distinctive in that it combines …
Lessons From A Story Untold: Nike V. Kasky Reconsidered, David C. Vladeck
Lessons From A Story Untold: Nike V. Kasky Reconsidered, David C. Vladeck
Georgetown Law Faculty Publications and Other Works
The Supreme Court's recent dismissal, apparently on jurisdictional grounds, of the writ of certiorari it had granted to review Nike, Inc. v. Kasky has brought into sharp focus a number of critiques of the commercial speech doctrine - some new, some longstanding. At issue in Nike were communications Nike made to customers, newspaper editors, college presidents and athletic directors, and others responding to allegations that Nike had engaged in, or was complicit in, the mistreatment of foreign workers. Respondent Marc Kasky contended that Nike's communications contained significant misstatements of fact and thus were actionable under California's unfair competition and false …
Judicial Review In The United States And In The Wto: Some Similarities And Differences, Carlos Manuel Vázquez
Judicial Review In The United States And In The Wto: Some Similarities And Differences, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
Among international organizations, the World Trade Organization (WTO) is widely credited with having the most effective dispute settlement system. Its highly developed dispute settlement system, which is one of the few in international law to include a standing appellate body, invites comparisons to the institution of judicial review in the United States under the paradigm of Marbury v. Madison. Such a comparison yields insights about both the WTO dispute settlement system and Marbury-style judicial review. This article first notes an important parallel between the two systems: like the WTO, judicial review in the United States began as the …
Article Iii And The Cause Of Action, Anthony J. Bellia Jr.
Article Iii And The Cause Of Action, Anthony J. Bellia Jr.
Journal Articles
This Article undertakes a systematic exploration of the concept of the "cause of action" as it is used by courts and scholars in making arguments about the scope of the federal judicial power. The concept of the cause of action figures prominently in debates about such fundamental questions as what kinds of cases Congress may empower federal courts to adjudicate (jurisdiction), who may initiate a case in federal court (standing), and when a federal court may afford a plaintiff a private remedy for the violation of a federal regulatory scheme (implied rights of action). Federal courts have answered these questions, …
Does The Child Online Protection Act Violate The First Amendment?, Susanna Frederick Fischer
Does The Child Online Protection Act Violate The First Amendment?, Susanna Frederick Fischer
Scholarly Articles
The Supreme Court weighs in for a second time in the more than 5-year-old court battle over whether the Child Online Protection Act drafters have rectified the constitutional defects of the Communications Decency Act, which the Court struck down in 1997 on First Amendment grounds. In an effort to cure the CDA's lack of "narrow tailoring," the drafters of COPA have more narrowly defined the speech that is being regulated and have also narrowed the speakers who are subject to regulation.
The International Video Industry: Principles For Vertical Agreements And Integration, John H. Barton
The International Video Industry: Principles For Vertical Agreements And Integration, John H. Barton
Cardozo Arts & Entertainment Law Journal
No abstract provided.
In Opposition To The Proposed Media Marketing Accountability Act Of 2001, Angela M. Papalaskaris
In Opposition To The Proposed Media Marketing Accountability Act Of 2001, Angela M. Papalaskaris
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Free Speech Coalition & Adult Entertainment: An Inside View Of The Adult Entertainment Industry, Its Leading Advocate & The First Amendment, Clay Calvert, Robert Richards
The Free Speech Coalition & Adult Entertainment: An Inside View Of The Adult Entertainment Industry, Its Leading Advocate & The First Amendment, Clay Calvert, Robert Richards
Cardozo Arts & Entertainment Law Journal
No abstract provided.
"When A Nation Is At War": A Context-Dependent Theory Of Free Speech For The Regulation Of Weapon Recipes, Liezl Irene Pangilinan
"When A Nation Is At War": A Context-Dependent Theory Of Free Speech For The Regulation Of Weapon Recipes, Liezl Irene Pangilinan
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Functional Departmentalism And Nonjudicial Interpretation: Who Determines Constitutional Meaning?, Dawn E. Johnsen
Functional Departmentalism And Nonjudicial Interpretation: Who Determines Constitutional Meaning?, Dawn E. Johnsen
Articles by Maurer Faculty
Published as part of a Duke Law School symposium on Conservative and Progressive Legal Orders, this article considers the appropriate role of the political branches - Congress and the President - in the development of constitutional meaning, including the extent of presidential and congressional authority to act on constitutional views at odds with judicial doctrine. The article discusses deficiencies in strong forms of both judicial supremacy (such as that behind the Rehnquist Court's recent limits on Congress's section 5 authority) and what is described in the academic literature as departmentalism (which emphasizes near-plenary authority for each branch to act on …
In Defense Of Deference, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
In Defense Of Deference, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Articles by Maurer Faculty
No abstract provided.
Structuring The Political Process Under American State Constitutions, James A. Gardner
Structuring The Political Process Under American State Constitutions, James A. Gardner
Other Scholarship
No abstract provided.
Judicial Independence: Whether, Why, And How To Defend It, Michael Boucai
Judicial Independence: Whether, Why, And How To Defend It, Michael Boucai
Other Scholarship
No abstract provided.
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Searching For The Soul Of Judicial Decisionmaking: An Empirical Study Of Religious Freedom Decisions, Gregory C. Sisk, Michael Heise, Andrew P. Morriss
Searching For The Soul Of Judicial Decisionmaking: An Empirical Study Of Religious Freedom Decisions, Gregory C. Sisk, Michael Heise, Andrew P. Morriss
Cornell Law Faculty Publications
During the past half century, constitutional theories of religious freedom have been in a state of great controversy, perpetual transformation, and consequent uncertainty. Given the vitality of religious faith for most Americans and the vigor of the enduring debate on the proper role of religious belief and practice in public society, a searching exploration of the influences upon judges in making decisions that uphold or reject claims implicating religious freedom is long overdue. Many thoughtful contributions have been to the debate about whether judges should allow their religious beliefs to surface in the exercise of their judicial role. Yet much …
Tahoe's Requiem: The Death Of The Scalian View Of Property And Justice, Laura S. Underkuffler
Tahoe's Requiem: The Death Of The Scalian View Of Property And Justice, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.