Constitutional Law Commons^™

Toward Flawlessness, Peter E. Quint

Faculty Scholarship

No abstract provided.

Up Against The Wall Of Separation: The Question Of Religious Democracy, Bruce Ledewitz

Ledewitz Papers

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

Deconstructing Davis V. United States: Intention And Meaning In Ambiguous Requests For Counsel, David Aram Kaiser, Paul Lufkin

UC Law Constitutional Quarterly

The authors discuss the United States Supreme Court's decision in Davis v. United States, 512 U.S. 452 (1994), arguing that its holding-that police officers do not have to cease questioning a criminal suspect who utters an ambiguous request for counsel during custodial interrogation-depends on concepts of interpretation that have been discredited by the deconstructionist theory of Jacques Derrida and subsequent literary critics.

Derrida criticized theoretical movements, such as structuralism, that ignored the role of ambiguity in language. In turn, reacting to Derrida's emphasis on the indeterminacy of meaning, other literary critics sought criteria for "objective" interpretation, the search for which …

The Present And Future Of Federalism, Bruce Ledewitz

Ledewitz Papers

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

The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan

Loyola University Chicago Law Journal

No abstract provided.

The Corporate "Person": A New Analytical Approach To A Flawed Method Of Constitutional Interpretation, Jess M. Krannich

Loyola University Chicago Law Journal

No abstract provided.

Review Of David E. Bernstein's "You Can't Say That!--The Growing Threat To Civil Liberties From Antidiscrimination Laws", Ivan E. Bodensteiner

Law Faculty Publications

No abstract provided.

The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas

Articles

No abstract provided.

The Constitution Glimpsed From Tule Lake, Patrick O. Gudridge

Articles

No abstract provided.

Who Needs Freedom Of Religion?, James W. Nickel

Articles

This article proposes that we view freedom of religion as a specific application area of more general basic liberties such as freedoms of thought, expression, association, assembly, movement, privacy, political participation, and economic activity. Separate enumeration of freedom of religion in national and international bills of rights may be useful, but it is not indispensable. In this respect freedom of religion is more like scientific freedom or artistic freedom than like freedom of expression. Recognizing that separate enumeration of freedom of religion is dispensable has salutary consequences for how we conceive and justify freedom as it applies to religion. First, …

Cheers, Profanity, And Free Speech, Howard M. Wasserman

Faculty Publications

No abstract provided.

Video Games As A Protected Form Of Expression, Paul E. Salamanca

Law Faculty Scholarly Articles

Video games, like motion pictures, failed to qualify for First Amendment protection until well after they emerged as a medium. Today, a number of courts have held that such games constitute a form of expression and do not fall into any recognized category of unprotected speech. Nevertheless, a number of commentators have called for limited constitutional protection for video games, predicating their arguments on a variety of grounds, including the alleged deleterious effects of such games on children. This Article responds to these commentators and defends recent decisions extending protection to video games.

Revoke First, Ask Questions Later: Challenging Minnesota’S Unconstitutional Pre-Hearing Revocation Scheme, Jeffrey S. Sheridan, Erika Burkhart Booth

William Mitchell Law Review

This analysis of the constitutionality of Minnesota’s prehearing revocation scheme begins by explaining the mechanics of Minnesota’s implied consent statute. Because the United States Supreme Court has established minimum procedural due process protections that must be afforded drivers, this backdrop is examined. After considering the federal standards for procedural due process, the numerous changes to Minnesota’s implied consent statute will be addressed. Next, the current challenge will be discussed, including the factual basis for the challenge, the arguments for the statute’s unconstitutionality, and the district court’s decision. Finally, this note will conclude that, given the dramatic increase in the private …

Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza

Maryland Law Review

No abstract provided.

Square Circles - Restoring Rationality To The Same-Sex Marriage Debate, Jeffrey J. Ventrella

UC Law Constitutional Quarterly

No abstract provided.

2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel Gora

Faculty Scholarship

No abstract provided.

Free Exercise And The Problem Of Symmetry, Nelson Tebbe

Faculty Scholarship

No abstract provided.

Preserving The Foundation Of Liberty, Elizabeth Brandt

Articles

No abstract provided.

Unincorporated, Unprotected: Religion In An Established State, Kathryn E. Komp

Vanderbilt Law Review

In the summer of 2004, the group American Veterans Standing for God and Country ("American Veterans") began a cross-country pilgrimage to carry a 5,200-pound statue of the Ten Commandments to Washington D.C. The infamous statue cost Roy Moore his job as Chief Justice of the Alabama Supreme Court when he refused to remove it from the lobby of the state courthouse in 2002. American Veterans took up Moore's cause, however, and in October they brought the Commandments statue to a Christian rally in Washington, D.C. The group then planned to ask Congress to display the statue permanently in the Capitol …

A Conservative Critique Of The Federal Marriage Amendment, John Choon Yoo, Anntim Vulchev

UC Law Constitutional Quarterly

No abstract provided.

The Rule Of Law And The Origins Of The Bill Of Attainder Clause, Jacob Reynolds

St. Thomas Law Review

Until recently, modem bill of attainder analysis has been fairly simple for courts and litigators alike - in order to be considered a bill of attainder, a law must "(1) specify the affected persons; (2) impose punishment; and (3) lack a judicial trial." Furthermore, the case law defining the appropriate analysis in bill of attainder cases is minimal and simple to understand: as one recent appointee to the D.C. Circuit has aptly noted, "[t]he Supreme Court's approach to the bill of attainder clause has been developed in only a handful of decisions. It is surprising that such a historically non-controversial …

The Future Of Sodomy , Libby Adler

Fordham Urban Law Journal

This Article celebrates Lawrence v. Texas as a tremendous advance in civil rights while also recognizing future danger signs associated with the opinion. The Article underscores four elements of the opinion which may cause danger to the pro-sex position the author endorses. The Article points to the Court's: (1) standard of review; (2) reliance on consent; (3) emphasis on privacy, and; (4) respect for dignity. Ultimately, the author warns pro-sex litigators and constituencies against complacency and warns that the words that bring them joy in Lawrence may possibly bring them pain in future opinions. The author calls for vigilance, for …

Nonestablishment Under God - The Nonsectarian Principle, Steven D. Smith

Villanova Law Review (1956 - )

No abstract provided.

Access To Justice For A New Century: The Way Forward, Julia H. Bass, W. A. Bogart, Frederick H. Zemans

Books

This book is a timely addition to the literature on access to justice. The book's essays address all aspects of the topic, including differing views on the meaning of access to justice; ways to improve access to legal services; litigation and its role in achieving social justice; and the roles of lawyers, citizens, and legal insitutions.

Access to Justice for a New Century is based on papers given at an international symposium presented by the Law Society of Upper Canada, sponsored by the Law Foundation of Ontario.

Obligations Of State And Non-State Actors Regarding The Human Right To Water Under The South African Constitution, Anna R. Welch

Sustainable Development Law & Policy

No abstract provided.

Our Forgotten Colony: Puerto Rico And The War On Drugs, Leeann O'Neill, Jennifer Gumbrewicz

The Modern American

No abstract provided.

Post Operative Transsexuals' Right To Marriage, Sarah Leinicke

The Modern American

No abstract provided.

The Return Of J. Edgar Hoover: The Fbi's Reversion To Political Intelligence Gathering , Zehra Naqvi

The Modern American

No abstract provided.

Spotlight On Kevin Jennings: Executive Director And Co-Founder Of The Gay, Lesbian, And Straight Education Network (Glsen) , Lydia Edwards

The Modern American

No abstract provided.

Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison

The Modern American

No abstract provided.