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Constitutional Law Commons™

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2006

Discipline
Institution
Keyword
Publication
Publication Type

Articles 511 - 540 of 831

Full-Text Articles in Constitutional Law

"Human Garbage" Or Trash-Worthy Law? Florida's Ban On Gay Adoption In The International Light, Cecilia Isaacs-Blundin Jan 2006

"Human Garbage" Or Trash-Worthy Law? Florida's Ban On Gay Adoption In The International Light, Cecilia Isaacs-Blundin

The Modern American

No abstract provided.


Open Window: Matter Of Lovo's Implications For Transsexuals And Immigrant Communities , Grisella Martinez Jan 2006

Open Window: Matter Of Lovo's Implications For Transsexuals And Immigrant Communities , Grisella Martinez

The Modern American

No abstract provided.


Legislative Updates, Eriade Hunter Jan 2006

Legislative Updates, Eriade Hunter

The Modern American

No abstract provided.


Narrowing Racial Disparities In Sentencing Through A System Of Mandatory Downward Departures, Douglas Smith Jan 2006

Narrowing Racial Disparities In Sentencing Through A System Of Mandatory Downward Departures, Douglas Smith

The Modern American

No abstract provided.


Adam And Steve Vs. Adam And Eve: Will The New Supreme Court Grant Gays The Right To Marry?, Toni Lester Jan 2006

Adam And Steve Vs. Adam And Eve: Will The New Supreme Court Grant Gays The Right To Marry?, Toni Lester

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Dan The Xenophobe Rides The A-Train, Or The Modern, Unconscious Racist In "Enlightened America", Richard Salgado Jan 2006

Dan The Xenophobe Rides The A-Train, Or The Modern, Unconscious Racist In "Enlightened America", Richard Salgado

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring Jan 2006

The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring

UIC Law Review

No abstract provided.


Felons, Guns, And The Limits Of Federal Power, 39 J. Marshall L. Rev. 385 (2006), Dean A. Strang Jan 2006

Felons, Guns, And The Limits Of Federal Power, 39 J. Marshall L. Rev. 385 (2006), Dean A. Strang

UIC Law Review

No abstract provided.


In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano Jan 2006

In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano

UIC Law Review

No abstract provided.


Manson V. Brathwaite: The Supreme Court's Misunderstanding Of Eyewitness Identification, 39 J. Marshall L. Rev. 539 (2006), Ruth Yacona Jan 2006

Manson V. Brathwaite: The Supreme Court's Misunderstanding Of Eyewitness Identification, 39 J. Marshall L. Rev. 539 (2006), Ruth Yacona

UIC Law Review

No abstract provided.


Adjudicated On The Merits?: Why The Aedpa Requires State Courts To Exhibit Their Reasoning, 39 J. Marshall L. Rev. 995 (2006), Ezra Spilke Jan 2006

Adjudicated On The Merits?: Why The Aedpa Requires State Courts To Exhibit Their Reasoning, 39 J. Marshall L. Rev. 995 (2006), Ezra Spilke

UIC Law Review

No abstract provided.


The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy Jan 2006

The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy

UIC Law Review

No abstract provided.


Why Legislative Findings Can Pad-Lock Redistricting Plans In Racial-Gerrymandering Cases, 39 J. Marshall L. Rev. 1371 (2006), Frank Adams Jan 2006

Why Legislative Findings Can Pad-Lock Redistricting Plans In Racial-Gerrymandering Cases, 39 J. Marshall L. Rev. 1371 (2006), Frank Adams

UIC Law Review

No abstract provided.


Making Our Congressional Elections More Competitive; A Proposal For A Limited Number Of Statewide At-Large Elections In Our More Populous States, 39 J. Marshall L. Rev. 1425 (2006), Walter M. Frank Jan 2006

Making Our Congressional Elections More Competitive; A Proposal For A Limited Number Of Statewide At-Large Elections In Our More Populous States, 39 J. Marshall L. Rev. 1425 (2006), Walter M. Frank

UIC Law Review

No abstract provided.


Hitching A Ride: Every Time You Take A Drive, The Government Is Riding With You, 39 J. Marshall L. Rev. 1499 (2006), Benjamin Burnham Jan 2006

Hitching A Ride: Every Time You Take A Drive, The Government Is Riding With You, 39 J. Marshall L. Rev. 1499 (2006), Benjamin Burnham

UIC Law Review

No abstract provided.


Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner Jan 2006

Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner

UIC Law Review

No abstract provided.


The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler Jan 2006

The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler

UIC Law Review

No abstract provided.


Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys Jan 2006

Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys

UIC Law Review

No abstract provided.


Do Constitutions Requiring Adherence To Shari'a Threaten Human Rights? How Egypt's Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown Jan 2006

Do Constitutions Requiring Adherence To Shari'a Threaten Human Rights? How Egypt's Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown

American University International Law Review

No abstract provided.


Removing The Vestiges Of Discrimination: Criminal Disenfranchisement Laws And Strategies For Challenging Them, Carl N. Frazier Jan 2006

Removing The Vestiges Of Discrimination: Criminal Disenfranchisement Laws And Strategies For Challenging Them, Carl N. Frazier

Kentucky Law Journal

No abstract provided.


The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield Jan 2006

The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

This article provides an overview of the Federal Courts’ interpretation of equal protection challenges to affirmative action admission policies beginning with University of California v. Bakke through the recent Supreme Court decisions of Grutter v. Bollinger and Gratz v. Bollinger. The article then identifies and outlines the appropriate elements of a constitutionally sound affirmative action admission policy. Finally, the article concludes that the permissible policy is almost unattainable for schools other than small institutions.


Three Theories Of Substantive Due Process, Daniel O. Conkle Jan 2006

Three Theories Of Substantive Due Process, Daniel O. Conkle

Articles by Maurer Faculty

Substantive due process is in serious disarray, with the Supreme Court simultaneously embracing two, and perhaps three, competing and inconsistent theories of decisionmaking. The first two theories, historical tradition and reasoned judgment, have explicit and continuing support in the Court's decisions. Under the theory of historical tradition, substantive due process affords presumptive constitutional protection only to liberties that are "deeply rooted in this Nation's history and tradition." By contrast, the theory of reasoned judgment is far more expansive, permitting the Court to identify rights independently, through a process that amounts to philosophical analysis or political-moral reasoning. The third theory, evolving …


Unreasonable Conditions Impeding Our Nation's Charities: An Unconstitutional Condition In The Combined Federal Campaign, Amy K. Ryder Wentz Jan 2006

Unreasonable Conditions Impeding Our Nation's Charities: An Unconstitutional Condition In The Combined Federal Campaign, Amy K. Ryder Wentz

Cleveland State Law Review

The Combined Federal Campaign (CFC) is an annual charity drive in which profit organizations that receive funds through the CFC to compare the names of their employees against the names on terrorist watch lists and then notify the federal government of any matches. If an organization refuses to abide by this mandate, it is prohibited from soliciting and receiving donations through the CFC. This new requirement presents a question of first impression for the courts When the issue makes its way into a courtroom, the courts may be tempted to follow the analysis of Cornelius v. NAACP Legal Defense and …


Contractual Waivers Of A Right To Jury Trial - Another Opinion, Brian D. Weber Jan 2006

Contractual Waivers Of A Right To Jury Trial - Another Opinion, Brian D. Weber

Cleveland State Law Review

It is well-settled that arbitration in the employment context is favored by the courts, and that there is a federal policy favoring arbitration agreements, in general. However, jury waivers outside of arbitration in the employment context are still a relatively novel idea in some jurisdictions, despite the fact that an arbitration agreement itself inherently prevents the employee from having a jury trial. The Sixth Circuit Court of Appeals, as well as the Ohio Supreme Court, have yet to determine if jury waivers in employment contracts are binding. This paper will assess contractual jury trial waivers in the employment context as …


Legal Standing For Animals And Advocates, David N. Cassuto Jan 2006

Legal Standing For Animals And Advocates, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

For animal advocates, one of the most significant barriers to the courtroom is standing. In order to litigate on behalf of an animal's interests in federal court, the advocate must first establish standing by meeting three requirements: (1) the plaintiff must have suffered an injury in fact, (2) the injury must be causally connected to the act about which the plaintiff is complaining, and (3) the court must be able to redress the injury. When it comes to non-human animals, how does an advocate demonstrate an injury to establish standing? In this panel, experts in animal litigation discuss the concept …


Juristocracy In The Trenches: Problem-Solving Judges And Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard Boldt, Jana Singer Jan 2006

Juristocracy In The Trenches: Problem-Solving Judges And Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard Boldt, Jana Singer

Maryland Law Review

No abstract provided.


Delegation To Courts And Legitimacy, Karol Soltan Jan 2006

Delegation To Courts And Legitimacy, Karol Soltan

Maryland Law Review

No abstract provided.


Assessing Juristocracy: Are Judges Rulers Or Agents?, George I. Lovell, Scott E. Lemieux Jan 2006

Assessing Juristocracy: Are Judges Rulers Or Agents?, George I. Lovell, Scott E. Lemieux

Maryland Law Review

No abstract provided.


Judicial Power And Mobilizable History, Richard A. Primus Jan 2006

Judicial Power And Mobilizable History, Richard A. Primus

Maryland Law Review

No abstract provided.


Is There A Political Tilt To "Juristocracy"?, Carol Nackenoff Jan 2006

Is There A Political Tilt To "Juristocracy"?, Carol Nackenoff

Maryland Law Review

No abstract provided.