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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
"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
Open Window: Matter Of Lovo's Implications For Transsexuals And Immigrant Communities , Grisella Martinez
The Modern American
No abstract provided.
Legislative Updates, Eriade Hunter
Narrowing Racial Disparities In Sentencing Through A System Of Mandatory Downward Departures, Douglas Smith
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Judicial Power And Mobilizable History, Richard A. Primus
Maryland Law Review
No abstract provided.
Is There A Political Tilt To "Juristocracy"?, Carol Nackenoff
Is There A Political Tilt To "Juristocracy"?, Carol Nackenoff
Maryland Law Review
No abstract provided.