Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (78)
- Jurisprudence (60)
- Criminal Law (57)
- Courts (50)
- Law and Society (48)
-
- First Amendment (42)
- Legislation (41)
- Law and Politics (40)
- Judges (39)
- Legal History (39)
- Criminal Procedure (38)
- International Law (33)
- Public Law and Legal Theory (31)
- Supreme Court of the United States (31)
- Human Rights Law (30)
- Religion Law (28)
- State and Local Government Law (28)
- Social and Behavioral Sciences (25)
- Comparative and Foreign Law (21)
- Administrative Law (20)
- Fourteenth Amendment (20)
- Education Law (19)
- Military, War, and Peace (17)
- Property Law and Real Estate (17)
- Sexuality and the Law (17)
- Environmental Law (16)
- Litigation (16)
- Law and Race (15)
- Institution
-
- BLR (95)
- William & Mary Law School (52)
- Yeshiva University, Cardozo School of Law (33)
- Georgetown University Law Center (24)
- American University Washington College of Law (22)
-
- University of Michigan Law School (22)
- University of Colorado Law School (15)
- Columbia Law School (14)
- University of Richmond (13)
- Association of American Law Schools (12)
- Maurer School of Law: Indiana University (11)
- UC Law SF (11)
- UIC School of Law (11)
- Mitchell Hamline School of Law (10)
- University of Maryland Francis King Carey School of Law (10)
- Vanderbilt University Law School (10)
- University at Buffalo School of Law (9)
- Boston University School of Law (8)
- New York Law School (8)
- Seattle University School of Law (8)
- University of Oklahoma College of Law (8)
- West Virginia University (8)
- Duke Law (7)
- Case Western Reserve University School of Law (6)
- Cleveland State University (6)
- Fordham Law School (6)
- Pace University (6)
- University of Arkansas Little Rock (6)
- University of Georgia School of Law (6)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
- Keyword
-
- Constitutional Law (116)
- Constitutional law (34)
- Federalism (28)
- Public Law and Legal Theory (27)
- Civil Rights and Discrimination (26)
-
- Jurisprudence (26)
- Politics (26)
- Constitution (23)
- First Amendment (22)
- Supreme Court (22)
- Religion (19)
- Courts (18)
- Criminal Law and Procedure (18)
- Judicial review (18)
- Law and Society (18)
- United States Supreme Court (18)
- International Law (16)
- Legislation (14)
- Law (13)
- Judges (12)
- Legal History (12)
- Affirmative action (11)
- Human Rights Law (11)
- Church and State (10)
- Comparative and Foreign Law (10)
- Democracy (10)
- Separation of powers (10)
- United States Constitution 1st Amendment (10)
- Congress (9)
- General Law (9)
- Publication
-
- ExpressO (81)
- Faculty Scholarship (45)
- Faculty Publications (25)
- William & Mary Bill of Rights Journal (25)
- Georgetown Law Faculty Publications and Other Works (21)
-
- Cardozo Law Review (15)
- William & Mary Law Review (14)
- Journal of Legal Education (12)
- UC Law Constitutional Quarterly (11)
- Michigan Law Review (10)
- UIC Law Review (10)
- William Mitchell Law Review (10)
- Articles (9)
- Scholarly Works (9)
- University of Colorado Law Review (9)
- All Faculty Scholarship (8)
- American University Journal of Gender, Social Policy & the Law (8)
- Faculty Articles (8)
- University of Richmond Law Review (8)
- George Mason University School of Law Working Papers Series (7)
- West Virginia Law Review (7)
- Elisabeth Haub School of Law Faculty Publications (6)
- Journal Articles (6)
- Law Faculty Publications (6)
- Publications (6)
- Seattle University Law Review (6)
- The Modern American (6)
- Translated Opinions (6)
- University of Arkansas at Little Rock Law Review (6)
- Ledewitz Papers (5)
- Publication Type
Articles 331 - 360 of 585
Full-Text Articles in Constitutional Law
For Crying Out Loud: Ohio's Legal Battle With Public Breastfeeding And Hope For The Future, Brianne Whelan
For Crying Out Loud: Ohio's Legal Battle With Public Breastfeeding And Hope For The Future, Brianne Whelan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Fair V. Rumsfeld, Michael J. Collins
Fair V. Rumsfeld, Michael J. Collins
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Constitutional Right To Water In Uruguay, Rachael Moshman
The Constitutional Right To Water In Uruguay, Rachael Moshman
Sustainable Development Law & Policy
No abstract provided.
When Are Releases Of Claims For Erisa Plan Benefits Effective?, 38 J. Marshall L. Rev. 773 (2005), Albert Feuer
When Are Releases Of Claims For Erisa Plan Benefits Effective?, 38 J. Marshall L. Rev. 773 (2005), Albert Feuer
UIC Law Review
No abstract provided.
In The Wake Of Gratz V. Bollinger: Standing On Thin Ice, 38 J. Marshall L. Rev. 1037 (2005), Zubaida Qazi
In The Wake Of Gratz V. Bollinger: Standing On Thin Ice, 38 J. Marshall L. Rev. 1037 (2005), Zubaida Qazi
UIC Law Review
No abstract provided.
Preventing "You've Got Mail"™ From Meaning "You've Been Served": How Service Of Process By E-Mail Does Not Meet Constitutional Procedure Due Process Requirements, 38 J. Marshall L. Rev. 1121 (2005), Matthew R. Schreck
UIC Law Review
No abstract provided.
Don't Ask, Don't Tell, Don't Work: The Discriminatory Effect Of Veterans' Preferences On Homosexuals, 38 J. Marshall L. Rev. 1083 (2005), Louis J. Virelli Iii
Don't Ask, Don't Tell, Don't Work: The Discriminatory Effect Of Veterans' Preferences On Homosexuals, 38 J. Marshall L. Rev. 1083 (2005), Louis J. Virelli Iii
UIC Law Review
No abstract provided.
Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel
Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel
UIC Law Review
No abstract provided.
Rules Of Or Substantive Law: Who Controls An Individual's Right To Choose A Lawyer In Today's Corporate Environment, 38 J. Marshall L. Rev. 1265 (2005), Joan Colson
UIC Law Review
No abstract provided.
Campaign Finance Reform, Electioneering Communications, And The First Amendment: Resuscitating The Third Exception, 38 J. Marshall L. Rev. 1315 (2005), Daniel B. Roth
UIC Law Review
No abstract provided.
Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler
Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler
UIC Law Review
No abstract provided.
American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley
UIC Law Review
No abstract provided.
Moral Communities Or A Market State: The Supreme Court’S Vision Of The Police Power In The Age Of Globalization, Antonio F. Perez, Robert J. Delahunty
Moral Communities Or A Market State: The Supreme Court’S Vision Of The Police Power In The Age Of Globalization, Antonio F. Perez, Robert J. Delahunty
Scholarly Articles
In essence, this Article attempts to explain the underlying logic of two intersecting lines of recent Supreme Court decisions. The first line of cases concerns the allocation of constitutional power between the Nation and the States (i.e., cases about "federalism"); the other line concerns claims of individual right against exercises of purported State power (i.e., cases about "individual rights"). The federalism cases deal, respectively, with the powers of the States against Congress in the regulation of domestic matters"' and as against the Executive (and, less often, Congress) in influencing foreign affairs. The individual rights cases deal with equal access to …
Holding Media Responsible For Deceptive Weight-Loss Advertising, Chester S. Galloway, Herbert Jack Rotfeld, Jef I. Richards
Holding Media Responsible For Deceptive Weight-Loss Advertising, Chester S. Galloway, Herbert Jack Rotfeld, Jef I. Richards
West Virginia Law Review
In Fall 2002, the Federal Trade Commission held a Workshop exploring the problem of misleading weight-loss promotional pitches. After the agency spent decades cleaning up deceptive advertising, the weight-loss industry continues to be replete with such tactics. In an attempt to more aggressively attack those deceptions, the FTC used the Workshop as a forum to suggest that media should play a more active role in screening ads for diet products and programs. Some saw this as an implied threat that the agency may begin holding media liable for publishing those ads. Media protest that this forces them into the de …
If It Looks Like A Duck... Traditional Public Forum Status Of Open Areas On Public University Campuses, Nathan W. Kellum
If It Looks Like A Duck... Traditional Public Forum Status Of Open Areas On Public University Campuses, Nathan W. Kellum
UC Law Constitutional Quarterly
The notion behind the oft-used maxim, "If it looks like a duck. . ." is that it is an irrefutable adage, but it is one that is lost on many public university administrators. Their struggle with the obvious comes at a high cost. Fundamental First Amendment freedoms are often deprived in areas that represent traditional public for a on campus. Although many universities are diverse in their respective creations of policies pertaining to speech on campus, they are remarkable similar in their approaches to control speech. The right to speak no campus is often strictly controlled, certain speakers are even …
The Unbearable “Lite”Ness Of History: American Sodomy Laws From Bowers To Lawrence And The Ramifications Of Announcing A New Past, Neil Margolies
The Unbearable “Lite”Ness Of History: American Sodomy Laws From Bowers To Lawrence And The Ramifications Of Announcing A New Past, Neil Margolies
Fordham Urban Law Journal
This Article
The Dangers Of Fighting Terrorism With Technocommunitarianism: Constitutional Protections Of Free Expression, Exploration, And Unmonitored Activity In Urban Spaces, Marc Jonathan Blitz
The Dangers Of Fighting Terrorism With Technocommunitarianism: Constitutional Protections Of Free Expression, Exploration, And Unmonitored Activity In Urban Spaces, Marc Jonathan Blitz
Fordham Urban Law Journal
Part I of this article examines how some commentators can plausibly argue that constitutional liberty and privacy protections do not protect the individual liberty and privacy that modern individuals have come to expect in many public spaces, particularly in urban environments. Constitutional liberalism, this section points out, makes this question a difficult one, because it is marked by scrupulous neutrality towards different visions of “the good life.” In other words, the constitutional order does not condemn those who choose a communitarian way of life and favor those who prefer individualism. Rather, it tolerates both of these (and other) preferences about …
Felon Disenfranchisement: Law, History, Policy, And Politics, George Brooks
Felon Disenfranchisement: Law, History, Policy, And Politics, George Brooks
Fordham Urban Law Journal
George W. Bush became the forty-third President of the United States when he won the state of Florida by 537 votes in the 2000 election. Because the election was so close, hotly-contested, and divisive, aspects of our electoral system long relegated to dusty books suddenly became topics of water cooler conversation and cocktail party chatter. Some Democrats speculate that if the nearly 600,000 felons in Florida had been allowed to vote, Al Gore would have been elected President. Felon disenfranchisement has thus become a cause celèbre among liberals. There are approximately four million felons who cannot vote nationwide. They are …
Ohio Charter Schools And Educational Privatization: Undermining The Legacy Of The State Constitution's Common School Approach, Nathaniel J. Mcdonald
Ohio Charter Schools And Educational Privatization: Undermining The Legacy Of The State Constitution's Common School Approach, Nathaniel J. Mcdonald
Cleveland State Law Review
Part II of this Note briefly discusses the current state of public education in Ohio and outlines the DeRolph litigation and its implications. Part III focuses on the “thorough and efficient” education clause in the Ohio Constitution and analyzes its meaning from an historical perspective. Part IV addresses the theory behind the privatization of education in general, briefly discusses the history of privatization, and introduces different types of educational privatization in Ohio. Part V compares the ideology behind the education clause in the Ohio Constitution with privatization ideology and concludes that the two ideologies are in conflict. Part VI discusses …
Ninety Miles From Freedom - The Constitutional Rights Of The Guantanamo Bay Detainees, Alan Tauber
Ninety Miles From Freedom - The Constitutional Rights Of The Guantanamo Bay Detainees, Alan Tauber
St. Thomas Law Review
This article concludes that, based on previous interpretations of the reach of the Constitution beyond U.S. borders, only the Fifth Amendment right to Due Process applies to Guantanamo Bay detainees, and that any other constitutional rights, such as the right to counsel or confrontation, must arise from the Due Process clause, rather than the independent rights protected by the Sixth Amendment. Part Two of this article will take an in-depth look at the decisions in Khalid and In re Guantanamo Detainee Cases, examining their reasoning and the similarities and differences in their conclusions. It will focus exclusively on the constitutional …
Death By A Thousand Signatures: The Rise Of Restrictive Ballot Access Laws And The Decline Of Electoral Competition In The United States, Oliver Hall
Seattle University Law Review
This Article explores one instance of the countermajoritarian problem in American democracy: how to protect the rights of minor parties and independent candidates participating in an electoral system dominated by two major parties. In particular, this Article focuses on the effect of modern ballot access laws on candidates' rights, arguing that courts ought to treat these laws as a presumptively impermissible form of "collusion in restraint of democracy." Although the article borrows the language of antitrust law, this argument is rooted in core constitutional principles and rights guaranteed under the First and Fourteenth Amendments. Nevertheless, the analogy to antitrust law …
The Use Of Hiring Preferences By Alaska Native Corporations After Malabed V. North Slope Borough, James P. Mills
The Use Of Hiring Preferences By Alaska Native Corporations After Malabed V. North Slope Borough, James P. Mills
Seattle University Law Review
This article argues that Native corporations can provide employment preferences for Alaska Natives, so long as they are appropriately tailored to provide employment preferences to that corporation's shareholders or those closely related to the shareholders. Moreover, a hiring preference based on shareholder status is not a preference based on race and, as such, does not violate Alaska state law.24 But even if the Alaska Supreme Court found that these hiring preferences did violate the state constitution, given the federal government's unique relationship with Native corporations 25 and Congress's clear intent for Native corporations to favor Alaska Natives in their hiring …
“Testimonial” And The Formalistic Definition: The Case For An “Accusatorial” Fix, Robert P. Mosteller
“Testimonial” And The Formalistic Definition: The Case For An “Accusatorial” Fix, Robert P. Mosteller
Faculty Scholarship
The definition that the Supreme Court ultimately gives to the concept of testimonial statements will obviously be of critical importance in determining whether the new Confrontation Clause analysis adopted by Crawford affects only a few core statements or applies to a broader group of accusatorial statements knowingly made to government officials and perhaps private individuals at arm's length from the speaker. I contend that the broader definition is more consistent with the anti-inquisitorial roots of the Confrontation Clause when that provision is applied in the modern world. If my sense of the proper scope of the clause is roughly correct, …
Regulating Section 527 Organizations, Guy-Uriel Charles, Gregg D. Polsky
Regulating Section 527 Organizations, Guy-Uriel Charles, Gregg D. Polsky
Faculty Scholarship
No abstract provided.
Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne
Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith
Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
This Article presents a framework for interpreting Congress's September 18, 2001 Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism. The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention to the …
Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. (“Now What?”), William W. Van Alstyne
Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. (“Now What?”), William W. Van Alstyne
Faculty Scholarship
This article explores the variety of opinions expressed by the Justices in the two “Ten Commandments” cases, specifically Justice O’Connor’s dissent and Justice Breyer’s concurrence in Van Orden v. Perry.
Just Blowing Smoke? Politics, Doctrine, And The Federalist Revival After Gonzales V. Raich, Ernest A. Young
Just Blowing Smoke? Politics, Doctrine, And The Federalist Revival After Gonzales V. Raich, Ernest A. Young
Faculty Scholarship
No abstract provided.
Is The Solomon Amendment F.A.I.R. - Some Thoughts On Congress's Power To Impose This Condition On Federal Spending, John C. Eastman
Is The Solomon Amendment F.A.I.R. - Some Thoughts On Congress's Power To Impose This Condition On Federal Spending, John C. Eastman
Villanova Law Review (1956 - )
No abstract provided.
Does The Supreme Court Matter? Civil Rights And The Inherent Politicization Of Constitutional Law, Matthew D. Lassiter
Does The Supreme Court Matter? Civil Rights And The Inherent Politicization Of Constitutional Law, Matthew D. Lassiter
Michigan Law Review
More than a decade ago, in a colloquium sponsored by the Virginia Law Review, scholars of the civil rights movement launched a fierce assault on Michael J. Klarman's interpretation of the significance of the Supreme Court's famous school desegregation ruling in Brown v. Board of Education. Klarman's "backlash thesis," initially set forth in a series of law review and history journal articles and now serving as the centerpiece of his new book, revolves around two central claims. First, he argues that the advancements toward racial equality generally attributed to Brown were instead the inevitable products of long-term political, …