Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Philosophy (88)
- Courts (78)
- Civil Rights and Discrimination (67)
- Administrative Law (58)
- Law and Society (58)
-
- President/Executive Department (56)
- First Amendment (55)
- State and Local Government Law (55)
- Jurisdiction (44)
- Property Law and Real Estate (43)
- Environmental Law (42)
- Social and Behavioral Sciences (42)
- Litigation (41)
- Jurisprudence (40)
- Legislation (39)
- Torts (39)
- Criminal Law (36)
- Land Use Law (36)
- International Law (35)
- Science and Technology Law (34)
- Natural Resources Law (33)
- Water Law (32)
- Criminal Procedure (31)
- Dispute Resolution and Arbitration (31)
- Supreme Court of the United States (31)
- Legal Ethics and Professional Responsibility (30)
- Public Affairs, Public Policy and Public Administration (30)
- Animal Law (29)
- Institution
-
- Duquesne University (82)
- William & Mary Law School (56)
- University of Colorado Law School (39)
- University of Maryland Francis King Carey School of Law (37)
- University of Michigan Law School (34)
-
- Duke Law (31)
- Georgetown University Law Center (30)
- Yeshiva University, Cardozo School of Law (30)
- BLR (29)
- American University Washington College of Law (26)
- UIC School of Law (20)
- Maurer School of Law: Indiana University (17)
- West Virginia University (17)
- Cornell University Law School (15)
- Osgoode Hall Law School of York University (15)
- University of Arkansas Little Rock (15)
- UC Law SF (13)
- University of Richmond (13)
- Fordham Law School (11)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (11)
- Villanova University Charles Widger School of Law (11)
- Columbia Law School (10)
- Florida A&M University College of Law (10)
- Pace University (10)
- University of Georgia School of Law (10)
- New York Law School (9)
- Vanderbilt University Law School (9)
- Notre Dame Law School (8)
- University of Montana (7)
- Boston University School of Law (6)
- Keyword
-
- Philosophy (83)
- Hallowed Secularism (80)
- Constitutional Law (74)
- American Religious Democracy (68)
- Constitutional law (61)
-
- Theology (39)
- Federalism (27)
- Constitution (26)
- Supreme Court (26)
- First Amendment (23)
- Politics (22)
- Separation of powers (20)
- United States Supreme Court (18)
- Congress (17)
- General (17)
- Jurisprudence (17)
- Executive Power (16)
- Judicial review (16)
- Canada (15)
- Religion (15)
- Signing Statements (15)
- United States (15)
- Church and state (14)
- Originalism (13)
- Separation of Powers (13)
- Legislative Power (12)
- Canada. Canadian Charter of Rights and Freedoms (11)
- Climate change (11)
- Courts (11)
- Establishment clause (11)
- Publication
-
- Hallowed Secularism (80)
- Faculty Scholarship (54)
- William & Mary Bill of Rights Journal (30)
- ExpressO (28)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (28)
-
- Faculty Publications (26)
- Maryland Law Review (21)
- Articles (20)
- Georgetown Law Faculty Publications and Other Works (18)
- Duke Journal of Constitutional Law & Public Policy Sidebar (17)
- Scholarly Works (17)
- West Virginia Law Review (17)
- UIC Law Review (16)
- Cornell Law Faculty Publications (15)
- All Faculty Scholarship (13)
- Michigan Law Review (13)
- Osgoode Hall Law Journal (13)
- UC Law Constitutional Quarterly (13)
- University of Arkansas at Little Rock Law Review (13)
- American University Law Review (11)
- Publications (11)
- Articles by Maurer Faculty (10)
- Journal Articles (9)
- Law Faculty Publications (9)
- Cardozo Law Review (8)
- Testimony Before Congress (8)
- Elisabeth Haub School of Law Faculty Publications (7)
- The Modern American (7)
- University of Richmond Law Review (7)
- Vanderbilt Law School Faculty Publications (7)
- Publication Type
Articles 451 - 480 of 773
Full-Text Articles in Constitutional Law
From Penn Central To Lingle: The Long Backwards Road, 40 J. Marshall L. Rev. 593 (2007), Richard A. Epstein
From Penn Central To Lingle: The Long Backwards Road, 40 J. Marshall L. Rev. 593 (2007), Richard A. Epstein
UIC Law Review
No abstract provided.
Granholm V. Heald: The Twenty-First Amendment Takes Another Hit - Where Do States Go From Here?, 40 J. Marshall L. Rev. 651 (2007), William Glunz
Granholm V. Heald: The Twenty-First Amendment Takes Another Hit - Where Do States Go From Here?, 40 J. Marshall L. Rev. 651 (2007), William Glunz
UIC Law Review
No abstract provided.
John Locke And The Meaning Of The Takings Clause, Jeffrey M. Gaba
John Locke And The Meaning Of The Takings Clause, Jeffrey M. Gaba
Faculty Journal Articles and Book Chapters
ohn Locke, political philosopher and all around polymath, stands as a central figure in the development of Western conceptions of property rights and democratic institutions. If not the sole voice that is echoed in the American revolution and the Constitutional Convention, he clearly influenced the founders, particularly James Madison, and he thus represents an intellectual force that is a legitimate part of the current debate over the relationship between government power and individual property rights.
The purpose of this article is to provide both a detailed analysis of Locke to aid the Takings debate and a particular reading of the …
Payton, Practical Wisdom, And The Pragmatist Judge: Is Payton's Goal To Prevent Unreasonable Entries Or To Effectuate Home Arrests?, Christos Papapetrou
Payton, Practical Wisdom, And The Pragmatist Judge: Is Payton's Goal To Prevent Unreasonable Entries Or To Effectuate Home Arrests?, Christos Papapetrou
Fordham Urban Law Journal
This Comment analyzes the conflicting "objective" and "subjective" tests that courts use to determine if a law enforcement officer's entry into a suspect's home is valid following the Supreme Court's holding in Payton v. New York that an arrest warrant implicitly carries with it a right to enter a suspect's home when there is "reason to believe" it is the suspect's residence and that the suspect is inside. The Comment questions how courts should interpret the "reason to believe" standard and analyzes an approach put forth by Professor Matthew A. Edwards in his article, Posner's Pragmatism and Payton Home Arrests. …
Military Voting And The Law: Procedural And Technological Solutions To The Ballot Transit Problem, R. Michael Alvarez, Thad E. Hall, Brian F. Roberts
Military Voting And The Law: Procedural And Technological Solutions To The Ballot Transit Problem, R. Michael Alvarez, Thad E. Hall, Brian F. Roberts
Fordham Urban Law Journal
In this Article, we examine how the issue of military voting has changed over time from one beset by procedural difficulties, often intentional with states changing election laws to promote military voting only within a given set of parameters and to restrict voting by those deemed unworthy of the franchise, to a logistical and technological issue that focuses on how new technologies can fully facilitate military voting. Part II of this Article will briefly outline the scope of the military and overseas voting issue. Part III will outline and address the conflicting statutory frameworks between federal and state election laws. …
From Ashcroft To Larios: Recent Redistricting Lessons From Georgia, Ronald Keith Gaddie, Charles S. Bullock, Iii
From Ashcroft To Larios: Recent Redistricting Lessons From Georgia, Ronald Keith Gaddie, Charles S. Bullock, Iii
Fordham Urban Law Journal
In this Article, we explore the impact of a court-ordered and implemented re-crafting of state legislative districts in the state of Georgia. First, we explore the notion of “fairness” in legislative redistricting and identify the factors associated with a “fair” map. We then describe the partisan nature of the 2001 Georgia state legislative redistricting and the political consequences of this most effective gerrymander. We also describe the two legal challenges to the Georgia maps—Georgia v. Ashcroft and Larios v. Cox—and discuss the path of both cases to the U.S. Supreme Court. We then explore the expected and observed consequences of …
A Price On Volunteerism:The Public Has A Higher Duty To Accommodate Volunteers, Lauren Attard
A Price On Volunteerism:The Public Has A Higher Duty To Accommodate Volunteers, Lauren Attard
Fordham Urban Law Journal
This Comment first examines the issues presented in Bauer (including the holding that the Americans with Disabilities Act does not protect these volunteers from discrimination) and the court’s rationale for finding that volunteers are not protected under Title III. Part II explores the requirements and differences between Title I and Title III and provides some history of the definitions of “volunteer” and “employee.” Part III presents a public duty thesis arguing that the responsibility of providing accommodations should not belong solely to employers in the context of employees, or public accommodations in the context of patrons, but to all factions …
Poverty, Inequality, And Class In The Structural Constitutional Law Course, Stephen Loffredo
Poverty, Inequality, And Class In The Structural Constitutional Law Course, Stephen Loffredo
Fordham Urban Law Journal
This Article argues that poverty and income inequality issues should be taught in a constitutional law course. Furthermore, it argues that these issues should not only be considered when discussing due process, equal protection, the First Amendment, but in also within the context of structural constitutional law, i.e. separation of powers and federalism.
Stunning Trends In Shocking Crimes: A Comprehensive Analysis Of Taser Weapons, Shaun H. Kedir
Stunning Trends In Shocking Crimes: A Comprehensive Analysis Of Taser Weapons, Shaun H. Kedir
Journal of Law and Health
In 2001, Westminster, Colorado police officers were dispatched to the home of a suicidal thirteen year-old girl who had barricaded herself in a bathroom. The young girl was mutilating her wrist with two butcher knives. When police officers forced their way into the bathroom, the emotionally disturbed girl charged at them with the two butcher knives while screaming, "Kill me! Kill me!." One of the officers deployed a Taser M26, a hand held conductive energy weapon, which fires two barbed darts up to a distance of thirty-five feet that then deliver an electric shock of 50,000 volts. The officer's Taser …
R.J. Reynolds Tobacco Co. V. Shewry: Has The Tobacco Industry Met Its Match?, Lauren Rachel Bregman
R.J. Reynolds Tobacco Co. V. Shewry: Has The Tobacco Industry Met Its Match?, Lauren Rachel Bregman
Journal of Health Care Law and Policy
No abstract provided.
The Downlow On Kelo: How An Expansive Interpretation Of The Public Use Clause Has Opened The Floodgates For Eminent Domain Abuse, Eric L. Silkwood
The Downlow On Kelo: How An Expansive Interpretation Of The Public Use Clause Has Opened The Floodgates For Eminent Domain Abuse, Eric L. Silkwood
West Virginia Law Review
No abstract provided.
Environmentalism And The Wisconsin Constitution, Jason J. Czarnezki
Environmentalism And The Wisconsin Constitution, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
With its abundance of natural resources and due to the state's strong environmental policies, Wisconsin has “enjoyed a reputation as a state rich in natural beauty and recreational opportunities.” Yet, despite the state's strong environmental protections, some based upon constitutional principles, this Article addresses whether Wisconsin's environmental constitutional provisions can be improved upon. This Article attempts to evaluate the existing environmental provisions in the Wisconsin Constitution, and considers, looking at a variety of options and sources, whether the state should proceed forward with any changes, minor or major, to environmental law in the Wisconsin Constitution. This Article considers expansion of …
Georgia V. Randolph: Checking Potential Defendants’ Fourth Amendment Rights At The Door, Adrienne Wineholt
Georgia V. Randolph: Checking Potential Defendants’ Fourth Amendment Rights At The Door, Adrienne Wineholt
Maryland Law Review
No abstract provided.
Symposium - The Maryland Constitutional Law Schmooze Foreword: Making Sense Of An Eighteenth-Century Constitution In A Twenty-First-Century World, Mark A. Graber
Maryland Law Review
No abstract provided.
The Original Meaning Of Original Understanding: A Neo-Blackstonian Critique, Saul Cornell
The Original Meaning Of Original Understanding: A Neo-Blackstonian Critique, Saul Cornell
Maryland Law Review
No abstract provided.
What Is A Twentieth-Century Constitution?, Peter E. Quint
What Is A Twentieth-Century Constitution?, Peter E. Quint
Maryland Law Review
No abstract provided.
From “Just” To “Just Decent”? Constitutional Transformations And The Reordering Of The Twenty-First-Century Public Sphere, Cindy Skach
Maryland Law Review
No abstract provided.
A Place For Interposition? What John Taylor Of Caroline And The Embargo Crisis Have To Offer Regarding Resistance To The Bush Constitution, Bradley D. Hays
A Place For Interposition? What John Taylor Of Caroline And The Embargo Crisis Have To Offer Regarding Resistance To The Bush Constitution, Bradley D. Hays
Maryland Law Review
No abstract provided.
Afterword: Do We Really Believe Any Longer In The Possibility Of “Government From Reflection And Choice”? A Dour Meditation On Our Present Situation, Sanford Levinson
Afterword: Do We Really Believe Any Longer In The Possibility Of “Government From Reflection And Choice”? A Dour Meditation On Our Present Situation, Sanford Levinson
Maryland Law Review
No abstract provided.
Fair Use And The Digital Millennium Copyright Act, Thomas J. Loos
Fair Use And The Digital Millennium Copyright Act, Thomas J. Loos
Michigan Telecommunications & Technology Law Review
In the last decade of the 20th Century, more than 200 years after the first Copyright Act of 1790, the rights of copyright owners have increased relative to those of the public. The Visual Artists Rights Act of 1990 provided a limited right to visual artists to control their work; even after sold, limiting first use rights. The first copyright act had a 28 year term; in 1998, the term of copyright was increased to the life of the author plus 70 years. The Digital Millennium Copyright Act (DMCA) of 1998 dramatically shrank the fair use rights provided under 17 …
Impediments To Financial Development In The Banking Sector: A Comparison Of The Impact Of Federalism In The United States And Germany, Khalil Nicholas Maalouf
Impediments To Financial Development In The Banking Sector: A Comparison Of The Impact Of Federalism In The United States And Germany, Khalil Nicholas Maalouf
Michigan Journal of International Law
This Note examines how differences in U.S. and German variants of federalism have contributed to the formation and development of the dual banking system in the United States and the three-pillar banking system in Germany. Specifically, this Note considers the manner in which federalism has informed the respective banking systems' reactions to dynamic changes in the global banking industry and analyzes the role federalism has played in contributing to or impeding reform efforts in the United States and Germany.
Miranda And The Media: Tracing The Cultural Evolution Of A Constitutional Revolution, Russell D. Covey
Miranda And The Media: Tracing The Cultural Evolution Of A Constitutional Revolution, Russell D. Covey
Faculty Publications By Year
This article explores the depiction of interrogation in film and television from the 1940s to the present, and contrasts that imagery with the Supreme Court's interrogation jurisprudence over the same time frame. Although my treatment of the subject is necessarily only fragmentary (a comprehensive review of either topic would fill many volumes), this article hazards a few tentative hypotheses.
Foreword, Joel K. Goldstein
Foreword, Joel K. Goldstein
All Faculty Scholarship
Thomas F. Eagleton was an original. Many found him to be one of the most compelling and admirable people they had ever encountered. That was certainly my experience as I came to know him during the last few years of his life. And he certainly made a strong, favorable impression on the students we taught together at Saint Louis University School of Law in our seminar on the Presidency and the Constitution.
Remarkable Evolution: The Early Constitutional History Of Maryland, Charles A. Rees
Remarkable Evolution: The Early Constitutional History Of Maryland, Charles A. Rees
University of Baltimore Law Review
No abstract provided.
The Foreign Source Doctrine: Explaining The Role Of Foreign And International Law In Interpreting The Constitution, Timothy K. Kuhner
The Foreign Source Doctrine: Explaining The Role Of Foreign And International Law In Interpreting The Constitution, Timothy K. Kuhner
Faculty Publications By Year
This article brings much-needed precision to the debate over the Supreme Court's use of foreign and international law to interpret the Constitution. The debate has been both imprecise, ignoring the subtleties of the phenomenon at issue, and prematurely abstract, jumping to theoretical and ideological levels without first looking to establish the specifics. By focusing on the particular areas of constitutional text subjected to foreign sources and the longstanding lines of caselaw upon which the use of foreign sources builds, this article reveals that a doctrine has crystallized around the use of foreign sources. The doctrine specifies the precise uses to …
A Call For Judicial Restraint: Federal Taxpayer Grievances Challenging Executive Action, Debra L. Lowman
A Call For Judicial Restraint: Federal Taxpayer Grievances Challenging Executive Action, Debra L. Lowman
Seattle University Law Review
This Article calls upon the Supreme Court to stay the Judiciary's hand in taxpayer grievances concerning purely executive action. Parts II and III of the Article provide the relevant background material for an understanding of the subject matter. Specifically, Part I recounts the evolution of taxpayer standing, taking the reader from the Supreme Court's decision in Frothingham to its counterpoint decision in Flast. Part III summarizes the Seventh Circuit's unprecedented decision in Freedom. Part IV demonstrates that taxpayer standing as conceived by the Freedom court does not conform to the standing paradigm formulated in Flast, and moreover, …
Unauthorized Annexing Of An Artist's World: An Argument For Creator-Assignee Standing To Sue For Copyright Infringement, Karen A. Skretkowicz
Unauthorized Annexing Of An Artist's World: An Argument For Creator-Assignee Standing To Sue For Copyright Infringement, Karen A. Skretkowicz
Seattle University Law Review
This Comment surveys the contemporary status of copyright law regarding a creator-assignee's standing to sue for infringement and the bases for allowing a creator-assignee to bring an infringement action. Part II begins the discussion with a review of the general principles of copyright law, including its constitutional and statutory frameworks, its underlying policies, and the moral rights doctrine. Part III continues with an overview of the general constitutional standing principles and real party in interest prerequisites. It then outlines the statutory and judicial limits on standing to sue under copyright law. Part IV discusses the issue of assignee standing in …
The Constitution Outside The Constitution, Ernest A. Young
The Constitution Outside The Constitution, Ernest A. Young
Faculty Scholarship
Countries lacking a single canonical text define the “constitution” to include all laws that perform the constitutive functions of creating governmental institutions and conferring rights on individuals. The British Constitution, for example, includes a variety of constitutive statutes, such as the Magna Carta and the Parliament Acts. This Article proposes a thought experiment: what if we defined the U.S. Constitution by function, rather than by form? Viewed from this perspective, “the Constitution” would include not only the canonical document but also a variety of statutes, executive materials, and practices that structure our government. What these constitutive materials lack is a …
Mandatory Constitutions, Paul D. Carrington
The Federal Judicial Power And The International Legal Order, Curtis A. Bradley
The Federal Judicial Power And The International Legal Order, Curtis A. Bradley
Faculty Scholarship
No abstract provided.