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Articles 421 - 450 of 773
Full-Text Articles in Constitutional Law
Silences And Peculiarities Of The Hamdan Opinions, Peter E. Quint
Silences And Peculiarities Of The Hamdan Opinions, Peter E. Quint
Maryland Law Review
No abstract provided.
F(R)Ee Expression: Reconciling Copyright & The First Amendment, Raymond Shih Ray Ku
F(R)Ee Expression: Reconciling Copyright & The First Amendment, Raymond Shih Ray Ku
Faculty Publications
This essay explores the relationship between copyright and free speech by critically evaluating the proposition that conflicts between the two can be eliminated because the Framers intended both to be engines for free expression. My purpose is not to set forth a comprehensive theory of copyright and free speech, but is more modest. This essay argues that while useful, reference to the Framers' intent only goes so far in avoiding conflicts between copyright and free speech, and when viewed outside of the facts presented by Harper & Row and Eldred, reliance upon the Framers' intent arguably increases such conflicts. Moreover, …
United States Implementation Of The International Criminal Court: Toward The Federalism Of Free Nations, Lauren Fielder Redman
United States Implementation Of The International Criminal Court: Toward The Federalism Of Free Nations, Lauren Fielder Redman
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Story Of The Court: A Narrative Analysis Of Planned Parenthood V. Casey, Nicholas Short
The Story Of The Court: A Narrative Analysis Of Planned Parenthood V. Casey, Nicholas Short
UC Law Constitutional Quarterly
To some degree, we are all storytellers, and we tell stories for a great variety of purposes: to animate speeches, to justify our conduct, and even to explain our opinions and views. These stories, or narratives, do a lot of work in human communication, and understanding them is essential to understanding the people that use them and the message they are attempting to send.
Because of the prevalence of narratives in everyday life, and their explanatory power, it is perhaps not surprising to find narratives being used even in more staunchly "academic" or "critical" contexts, such as works of history, …
Supreme Court Voting Behavior 2005 Term, Richard G. Wilklins, Scott Worthington, John J. Nielsen, Peter J. Jenkins
Supreme Court Voting Behavior 2005 Term, Richard G. Wilklins, Scott Worthington, John J. Nielsen, Peter J. Jenkins
UC Law Constitutional Quarterly
This Study, the twentieth in a series, tabulates and analyzes the voting behavior of the United States Supreme Court during the 2005 Term. The analysis is designed to measure whether individual Justices and the Court as a whole are voting more "conservatively," more "liberally," or about the same when compared with past Terms. As in politics, whether a judicial trend is "conservative" or "liberal" often lies in the eye of the beholder. On such a point, members of the American Civil Liberties Union and the Federalist Society for Law and Public Policy Studies might well disagree.
This Study attempts to …
Wiretapping And Eavesdropping: Surveillance In The Internet Age, 3rd Ed., Anne T. Mckenna, Clifford S. Fishman
Wiretapping And Eavesdropping: Surveillance In The Internet Age, 3rd Ed., Anne T. Mckenna, Clifford S. Fishman
Books
The third edition of the seminal “Fishman & McKenna” Wiretapping treatise analyzes federal and state law and the rapidly evolving civil and criminal legal issues and privacy issues surrounding the Internet, computers, cellular devices, electronic location tracking, drones, and biometrics. Since its publication, this treatise has been cited in multiple published federal and state judicial opinions, including by the United States Court of Appeals for the Seventh Circuit in August 2010 and the United States Court of Appeals for the Fifth Circuit in August 2014. The third edition is a well-known resource for attorneys working in private practice and in …
Constitutional Taking Clauses: A Proposed Typology, Benjamin Wiles
Constitutional Taking Clauses: A Proposed Typology, Benjamin Wiles
UC Law Constitutional Quarterly
Although constitutional takings clauses have been the topic of substantial scholarship, the current literature lacks a methodological framework for understanding and analyzing takings clauses. Because there are so few cases of constitutional takings clauses to compare, applying "large n" quantitative methods to takings clauses would be difficult. Therefore, legal scholars need to use "small n" qualitative research methods.
Typologies can provide a framework for meaningful qualitative analysis. In the social sciences, typologies have been used to differentiate among different types of political regimes, electoral shifts, and economic growth strategies. These typologies can then be used to frame research questions, develop …
Has Mighty Casey Struck Out: Societal Reliance And The Supreme Court's Modern Stare Decisis Analysis, Tom Hardy
Has Mighty Casey Struck Out: Societal Reliance And The Supreme Court's Modern Stare Decisis Analysis, Tom Hardy
UC Law Constitutional Quarterly
The Supreme Court has recently elaborated an analysis for cases in which it is asked to overturn a precedent. This special justifications analysis involves several factors, including whether the precedent has been relied upon. In Planned Parenthood of Southeastern Pennsylvania v. Casey, Dickerson v. United States and Lawrence v. Texas, the Court has expanded the definition of reliance to include what might be called "societal reliance," as opposed to economic reliance. Commentators have criticized this expansion of the reliance factor, some arguing that it allows the Court too much power to justify any result it favors, while others argue that …
Hemlock In The Marketplace: How Freedom Of The Press For College Newspapers Poisons The First Amendment, 40 J. Marshall L. Rev. 1365 (2007), Michael Hopkins
Hemlock In The Marketplace: How Freedom Of The Press For College Newspapers Poisons The First Amendment, 40 J. Marshall L. Rev. 1365 (2007), Michael Hopkins
UIC Law Review
No abstract provided.
The Balkanization Of Originalism, James E. Fleming
The Balkanization Of Originalism, James E. Fleming
Maryland Law Review
No abstract provided.
The Generative Structure Of Aboriginal Rights, Brian Slattery
The Generative Structure Of Aboriginal Rights, Brian Slattery
Articles & Book Chapters
Are aboriginal rights historical rights -- rights that gained their basic form in the distant past? Or are they generative rights -- rights that, although rooted in the past, have the capacity to renew themselves, as organic entities that grow and change? Section 35(1) of the Constitution Act, 1982 provides little guidance on the point, referring ambiguously to existing aboriginal and treaty rights. In the Van der Peet case, decided in 1996, the Supreme Court of Canada characterized aboriginal rights primarily as historical rights, moulded by the customs and practices of aboriginal groups at the time of European contact, with …
The Discriminatory Effects Of Protecting America's Children , Jennifer E. Jones
The Discriminatory Effects Of Protecting America's Children , Jennifer E. Jones
The Modern American
No abstract provided.
Electing One Of Our Own: The Importance Of Black Communities In The Context Of Local Government , Royce Brooks
Electing One Of Our Own: The Importance Of Black Communities In The Context Of Local Government , Royce Brooks
The Modern American
No abstract provided.
Special Purpose Credit Programs: A Well-Intentioned Idea Gone Bad, Luke Reynolds
Special Purpose Credit Programs: A Well-Intentioned Idea Gone Bad, Luke Reynolds
The Modern American
No abstract provided.
Legislative Updates, Dan Raposa
The Irrationality Of A Rational Basis: Denying Benefits To The Children Of Same-Sex Couples , Sam Castic
The Irrationality Of A Rational Basis: Denying Benefits To The Children Of Same-Sex Couples , Sam Castic
The Modern American
No abstract provided.
Pencil Me In: The Use Of Title Ix And S.1983 To Obtain Equal Treatment In High School Athletics Scheduling , Leigh E. Ferrin
Pencil Me In: The Use Of Title Ix And S.1983 To Obtain Equal Treatment In High School Athletics Scheduling , Leigh E. Ferrin
The Modern American
No abstract provided.
Equal Marriage Rights For Transgendered Individuals , Parker Thoeni
Equal Marriage Rights For Transgendered Individuals , Parker Thoeni
The Modern American
No abstract provided.
Cash In The Freezer: Conducting Midnught Raids To Restore Trust In The House, Matt Kelly
Cash In The Freezer: Conducting Midnught Raids To Restore Trust In The House, Matt Kelly
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Gay Pornography And The First Amendment: Unique, First-Person Perspectives On Free Expression, Sexual Censorship, And Cultural Images, Clay Calvert, Robert D. Richards
Gay Pornography And The First Amendment: Unique, First-Person Perspectives On Free Expression, Sexual Censorship, And Cultural Images, Clay Calvert, Robert D. Richards
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Legalized Gaming And Political Contributions: When The Diceman Cometh, Will Corruption Goeth?, 40 J. Marshall L. Rev. 1089 (2007), Bonny Bumiller
Legalized Gaming And Political Contributions: When The Diceman Cometh, Will Corruption Goeth?, 40 J. Marshall L. Rev. 1089 (2007), Bonny Bumiller
UIC Law Review
No abstract provided.
Labor Regulation, Union Avoidance And Organized Labor Relations Strategies On Tribal Lands: New Indian Gaming Strategies In The Wake Of San Manuel Band Of Indians V. National Labor Relations Board, 40 J. Marshall L. Rev. 1259 (2007), D. Michael Mcbride Iii, H. Leonard Court
Labor Regulation, Union Avoidance And Organized Labor Relations Strategies On Tribal Lands: New Indian Gaming Strategies In The Wake Of San Manuel Band Of Indians V. National Labor Relations Board, 40 J. Marshall L. Rev. 1259 (2007), D. Michael Mcbride Iii, H. Leonard Court
UIC Law Review
No abstract provided.
Signing Statements And The New Supreme Court: The Future Of Presidential Expression, 40 J. Marshall L. Rev. 1317 (2007), Anne Skrodzki
Signing Statements And The New Supreme Court: The Future Of Presidential Expression, 40 J. Marshall L. Rev. 1317 (2007), Anne Skrodzki
UIC Law Review
No abstract provided.
Should Statements Made By Patients During Psychotherapy Fall Within The Medical Treatment Hearsay Exception? An Interdisciplinary Critique, 41 J. Marshall L. Rev. 1 (2007), Philip K. Hamilton
Should Statements Made By Patients During Psychotherapy Fall Within The Medical Treatment Hearsay Exception? An Interdisciplinary Critique, 41 J. Marshall L. Rev. 1 (2007), Philip K. Hamilton
UIC Law Review
No abstract provided.
"Heads-I-Win, Tails-You-Lose": The Predicament Legitimate Small Entities Face Post Ebay And The Essential Role Of Willful Infringement In The Four-Factor Permanent Injunction Analysis, 41 J. Marshall L. Rev. 189 (2007), William R. Everding
UIC Law Review
No abstract provided.
Is Chicago's Plan For Transformation Promoting Integration Or Reinforcing Segregation?, 41 J. Marshall L. Rev. 249 (2007), Joe O'Brien
UIC Law Review
No abstract provided.
The Fda Preamble: A Backdoor To Federalization Of Prescription Warning Labels?, 41 J. Marshall L. Rev. 161 (2007), Cristina Rodríguez
The Fda Preamble: A Backdoor To Federalization Of Prescription Warning Labels?, 41 J. Marshall L. Rev. 161 (2007), Cristina Rodríguez
UIC Law Review
No abstract provided.
The Status Of Nollan V. California Coastal Commission And Dolan V. City Of Tigard After Lingle V. Chevron U.S.A., Inc., 40 J. Marshall L. Rev. 539 (2007), David L. Callies, Christopher T. Goodin
The Status Of Nollan V. California Coastal Commission And Dolan V. City Of Tigard After Lingle V. Chevron U.S.A., Inc., 40 J. Marshall L. Rev. 539 (2007), David L. Callies, Christopher T. Goodin
UIC Law Review
No abstract provided.
How Do You Solve A Problem Like In Kelo?, 40 J. Marshall L. Rev. 609 (2007), Debra Pogrund Stark
How Do You Solve A Problem Like In Kelo?, 40 J. Marshall L. Rev. 609 (2007), Debra Pogrund Stark
UIC Law Review
No abstract provided.
Deconstructing Lingle: Implications For Takings Doctrine, 40 J. Marshall L. Rev. 573 (2007), Dale A. Whitman
Deconstructing Lingle: Implications For Takings Doctrine, 40 J. Marshall L. Rev. 573 (2007), Dale A. Whitman
UIC Law Review
No abstract provided.