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Constitutional Law Commons

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2007

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Articles 61 - 90 of 773

Full-Text Articles in Constitutional Law

November 1, 2007: The Limits Of Materialism, Bruce Ledewitz Nov 2007

November 1, 2007: The Limits Of Materialism, Bruce Ledewitz

Hallowed Secularism

The Limits of Materialism


Japanese Prefectural Scapegoats In The Constitutional Landscape: Protecting Children From Violent Video Games In The Name Of Public Welfare, Susan Minamizono Nov 2007

Japanese Prefectural Scapegoats In The Constitutional Landscape: Protecting Children From Violent Video Games In The Name Of Public Welfare, Susan Minamizono

San Diego International Law Journal

Part I of this comment will examine the history and application of freedom of expression in Japanese case law and the evolution of the public welfare concept and its circumscribing effect on individual freedoms. Part II will explore the recent local regulatory efforts and the historical underpinnings for these laws that place restrictions on materials to children. Part III will compare the Japanese legislative endeavors with their American counterparts and highlight the reasons why United States laws will continue to be struck down by courts. Part IV will analyze the response of the video game industry to the onslaught of …


Keep Out Of Myspace!: Protecting Students From Unconstitutional Suspensions And Expulsions, Christi Cassel Nov 2007

Keep Out Of Myspace!: Protecting Students From Unconstitutional Suspensions And Expulsions, Christi Cassel

William & Mary Law Review

No abstract provided.


The Populist Safeguards Of Federalism, Robert A. Mikos Nov 2007

The Populist Safeguards Of Federalism, Robert A. Mikos

Vanderbilt Law School Faculty Publications

Extant legal scholarship often portrays citizens as the catalysts of federalization. Scholars say that citizens pressure Congress to impose their morals on people living in other states, to trump home-state laws with which they disagree, or to shift the costs of regulatory programs onto out-of-state taxpayers, all to the demise of states' rights. Since Congress (usually) gives citizens what they want, scholars insist the courts must step in to protect states from federal encroachments. By contrast, this Article proposes a new theory of the populist safeguards of federalism. It develops two distinct but mutually reinforcing reasons why populist demands on …


October 30, 2007: Hallowed Secularism And Materialism, Bruce Ledewitz Oct 2007

October 30, 2007: Hallowed Secularism And Materialism, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and Materialism


Market Triumphalism, Electoral Pathologies, And The Abiding Wisdom Of First Amendment Access Rights, Gregory P. Magarian Oct 2007

Market Triumphalism, Electoral Pathologies, And The Abiding Wisdom Of First Amendment Access Rights, Gregory P. Magarian

Working Paper Series

Forty years ago, Professor Jerome Barron made the classic case that the First Amendment requires not merely protection of speech against government interference but provision of access to the means of mass communication. The Supreme Court in the ensuing decades has largely rejected Barron’s approach. In this article, Professor Magarian defends Barron’s case for access rights against the two theoretical critiques that have underwritten its doctrinal rejection. The libertarian critique attacks the normative underpinnings of access rights, maintaining that the First Amendment insulates market-driven distributions of expressive opportunities. Professor Magarian demonstrates that politically progressive and conservative libertarian critics of access …


"Ingenious Argument" Or A Serious Constitutional Problem? A Comment On Professor Epstein's Paper, Philip Hamburger Oct 2007

"Ingenious Argument" Or A Serious Constitutional Problem? A Comment On Professor Epstein's Paper, Philip Hamburger

NULR Online

No abstract provided.


October 28, 2007: End Times For Evangelicals?, Bruce Ledewitz Oct 2007

October 28, 2007: End Times For Evangelicals?, Bruce Ledewitz

Hallowed Secularism

End Times for Evangelicals?


October 23, 2007: Humanism And Religion, Bruce Ledewitz Oct 2007

October 23, 2007: Humanism And Religion, Bruce Ledewitz

Hallowed Secularism

Humanism and Religion


There Is Nothing Pragmatic About Originalism, David S. Law, David Mcgowan Oct 2007

There Is Nothing Pragmatic About Originalism, David S. Law, David Mcgowan

NULR Online

No abstract provided.


October 20, 2007: Secularism And Religion, Bruce Ledewitz Oct 2007

October 20, 2007: Secularism And Religion, Bruce Ledewitz

Hallowed Secularism

Secularism and Religion


October 19, 2007: World Magazine Interview With Bruce Ledewitz, Bruce Ledewitz Oct 2007

October 19, 2007: World Magazine Interview With Bruce Ledewitz, Bruce Ledewitz

Hallowed Secularism

World Magazine interview with Bruce Ledewitz


October 18, 2007: Hallowed Secularism And Humanism, Bruce Ledewitz Oct 2007

October 18, 2007: Hallowed Secularism And Humanism, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and Humanism


Rendition To Torture: The Case Of Maher Arar: Hearing Before The H. Comm. On Foreign Affairs,, 110th Cong., Oct. 18, 2007 (Statement Of David D. Cole, Geo. U. L. Center), David Cole Oct 2007

Rendition To Torture: The Case Of Maher Arar: Hearing Before The H. Comm. On Foreign Affairs,, 110th Cong., Oct. 18, 2007 (Statement Of David D. Cole, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.


October 16, 2007: Hallowed Secularism And Unitarian Universalism, Bruce Ledewitz Oct 2007

October 16, 2007: Hallowed Secularism And Unitarian Universalism, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and Unitarian Universalism


There Is Nothing Pragmatic About Originalism, David S. Law, David Mcgowan Oct 2007

There Is Nothing Pragmatic About Originalism, David S. Law, David Mcgowan

NULR Online

No abstract provided.


October 14, 2007: Religion's Challenge To Hallowed Secularism, Bruce Ledewitz Oct 2007

October 14, 2007: Religion's Challenge To Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Religion's Challenge to Hallowed Secularism


Be It Resolved . . ., Timothy Zick Oct 2007

Be It Resolved . . ., Timothy Zick

Popular Media

No abstract provided.


October 12, 2007: The Limits Of Religion, Bruce Ledewitz Oct 2007

October 12, 2007: The Limits Of Religion, Bruce Ledewitz

Hallowed Secularism

The Limits of Religion


October 10, 2007: The Importance Of Religion To Hallowed Secularism, Bruce Ledewitz Oct 2007

October 10, 2007: The Importance Of Religion To Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

The Importance of Religion to Hallowed Secularism


October 8, 2007: The Fall Of The Religious Right, Bruce Ledewitz Oct 2007

October 8, 2007: The Fall Of The Religious Right, Bruce Ledewitz

Hallowed Secularism

The Fall of the Religious Right


October 5, 2007: Hallowed Secularism's Contribution To Secularism, Bruce Ledewitz Oct 2007

October 5, 2007: Hallowed Secularism's Contribution To Secularism, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism's Contribution to Secularism


October 3, 2007: Hallowed Secularism And The Wall Of Separation, Bruce Ledewitz Oct 2007

October 3, 2007: Hallowed Secularism And The Wall Of Separation, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and the Wall of Separation


The Glass Half Full: Envisioning The Future Of Race Preference Policies, Leslie Yalof Garfield Oct 2007

The Glass Half Full: Envisioning The Future Of Race Preference Policies, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

Justice Breyer's concern that the Court's June 2007 ruling in Parents Involved in Community Schools v. Seattle School District. No. 1 "is a decision the Court and nation will come to regret" is not well founded. Far from limiting the constitutionally permissible use of race in education from its present restriction to higher education, the case may allow governmental entities to consider race as a factor to achieve diversity in grades K-12. In Parents Involved, which the Court decided with its companion case, McFarland v. Jefferson County Public Schools four justices concluded that school boards may never consider race when …


Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds Oct 2007

Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds

Faculty Scholarship

The State of Maryland and the attorneys who practice in it have played a profound role in the history of the Constitution of the United States. That relationship should not surprise anyone: after all, Maryland was one of the original thirteen states, and its proximity to the nation’s capitol ensured that its lawyers would play an active role in the bar of the Supreme Court. Although the case names alone would make that history apparent – McCulloch v. Maryland, Brown v. Maryland, Federal Baseball – I am not aware of a serious scholarly effort to bring that history to the …


October 1, 2007: Secularism's Criticism Of Religion, Bruce Ledewitz Oct 2007

October 1, 2007: Secularism's Criticism Of Religion, Bruce Ledewitz

Hallowed Secularism

Secularism's Criticism of Religion


Throwing Down The International Gauntlet: Same-Sex Marriage As A Human Right, Vincent J. Samar Oct 2007

Throwing Down The International Gauntlet: Same-Sex Marriage As A Human Right, Vincent J. Samar

Cardozo Public Law, Policy & Ethics Journal

The article argues that nations have a moral and legal obligation to recognize same-sex marriages performed abroad, grounded in human rights principles and the framework of equality. It contends that the right to marry is a fundamental human right, rooted in dignity and self-fulfillment, and that denying recognition to same-sex marriages violates these principles. The analysis draws on Gewirth's rationalist approach to human rights and U.S. constitutional law, particularly the Fourteenth Amendment's Equal Protection and Due Process Clauses, to advocate for universal recognition of same-sex marriage as a matter of equality and liberty.


Envisioning The Constitution , Thomas P. Crocker Oct 2007

Envisioning The Constitution , Thomas P. Crocker

American University Law Review

If one of the more persistent problems of constitutional interpretation, particularly of the Bill of Rights, is that we lack a clear view of it, then it would appear that how we see the Constitution is as important as how we read it. What clauses we see as connected in order to form comprehensive values, such as federalism or rights protections, are not so much products of constitutional interpretation as constitutional vision. To obtain a view of the Constitution, we have to do more than derive semantic meaning from diverse articles and clauses. To have a vision of the Constitution …


The On/Off Switch, Philip Heymann Oct 2007

The On/Off Switch, Philip Heymann

William & Mary Bill of Rights Journal

No abstract provided.


Introduction: The Last Word? The Constitutional Implications Of Presidential Signing Statements, Charlie Savage Oct 2007

Introduction: The Last Word? The Constitutional Implications Of Presidential Signing Statements, Charlie Savage

William & Mary Bill of Rights Journal

No abstract provided.