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Articles 1 - 30 of 749
Full-Text Articles in Constitutional Law
December 31, 2008: Ursula K. Leguin Responds, Bruce Ledewitz
December 31, 2008: Ursula K. Leguin Responds, Bruce Ledewitz
Hallowed Secularism
Blog post, “Ursula K. LeGuin Responds“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum
The Legal And Constitutional Foundations For The District Of Columbia Judicial Branch, Steven M. Schneebaum
University of the District of Columbia Law Review
No abstract provided.
Who Should Appoint Judges Of The D.C. Courts?, Charles A. Miller
Who Should Appoint Judges Of The D.C. Courts?, Charles A. Miller
University of the District of Columbia Law Review
Since 1970, the District of Columbia court system has been comprised of the District of Columbia Court of Appeals and the Superior Court of the District of Columbia.' From the time of the establishment of the District, judges of its courts have been appointed by the President of the United States, acting on the advice of the Attorney General. When the general issue of District home rule came before Congress in the 1960s, one of the subjects considered was the judicial appointment process. In 1970, the District of Columbia Court Reform and Criminal Procedure Act 2 continued the Presidential appointment …
December 29, 2008: Hegel On Hallowed Secularism, Bruce Ledewitz
December 29, 2008: Hegel On Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Hegel on Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 26, 2008: Chanukah—The Victory Of The Taliban, Bruce Ledewitz
December 26, 2008: Chanukah—The Victory Of The Taliban, Bruce Ledewitz
Hallowed Secularism
Blog post, “Chanukah—the Victory of the Taliban“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 24, 2008: The Humanlight Holiday, Bruce Ledewitz
December 24, 2008: The Humanlight Holiday, Bruce Ledewitz
Hallowed Secularism
Blog post, “The HumanLight Holiday“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 22, 2008: A New Kind Of Faith, Bruce Ledewitz
December 22, 2008: A New Kind Of Faith, Bruce Ledewitz
Hallowed Secularism
Blog post, “A New Kind of Faith“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 18, 2008: The Hatred Of Unions, Bruce Ledewitz
December 18, 2008: The Hatred Of Unions, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Hatred of Unions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 16, 2008: Is Dobby Really Free?, Bruce Ledewitz
December 16, 2008: Is Dobby Really Free?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Dobby Really Free?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Honor's Constitutional Moment: The Oath And Presidential Transitions, Paul Horwitz
Honor's Constitutional Moment: The Oath And Presidential Transitions, Paul Horwitz
NULR Online
No abstract provided.
December 11, 2008: The Firing Of Don Guter, Bruce Ledewitz
December 11, 2008: The Firing Of Don Guter, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Firing of Don Guter“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Arizona V. Johnson: Determining When A Terry Stop Becomes Consensual, Ryan Thompson
Arizona V. Johnson: Determining When A Terry Stop Becomes Consensual, Ryan Thompson
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
December 8, 2008: The Future Of Secularism In American Politics, Bruce Ledewitz
December 8, 2008: The Future Of Secularism In American Politics, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Future of Secularism in American Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Pacific Bell V. Linkline: Price Squeezing And The Limits Of Judicial Administrability, Sandeep Vaheesan
Pacific Bell V. Linkline: Price Squeezing And The Limits Of Judicial Administrability, Sandeep Vaheesan
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
December 7, 2008: The Conclusion Of For The Establishment Of Religion, Bruce Ledewitz
December 7, 2008: The Conclusion Of For The Establishment Of Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Conclusion of For the Establishment of Religion “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Fitzgerald V. Barnstable School Committee: Enforcement Of Constitutional Rights, Sarah Branstetter
Fitzgerald V. Barnstable School Committee: Enforcement Of Constitutional Rights, Sarah Branstetter
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Davis V. Fec: The First Amendment Rights Of A Wealthy Candidate, Jeremy Earl
Davis V. Fec: The First Amendment Rights Of A Wealthy Candidate, Jeremy Earl
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Panetti V. Quarterman: Raising The Bar Against Executing The Incompetent, D. G. Maxted
Panetti V. Quarterman: Raising The Bar Against Executing The Incompetent, D. G. Maxted
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
December 4, 2008: The Secularization Of Islam, Bruce Ledewitz
December 4, 2008: The Secularization Of Islam, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Secularization of Islam“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Explaining Change And Rethinking Dirty Words: Fcc V. Fox Television Stations, Inc., Tobias Coleman
Explaining Change And Rethinking Dirty Words: Fcc V. Fox Television Stations, Inc., Tobias Coleman
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
December 2, 2008: How Thankful Was Your Thanksgiving?, Bruce Ledewitz
December 2, 2008: How Thankful Was Your Thanksgiving?, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Thankful Was Your Thanksgiving?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Supreme Courts: Did September 11th Accelerate Their Sanctioning The Constitutionality Of Criminalizing Suspicion?, Dannye Holley
The Supreme Courts: Did September 11th Accelerate Their Sanctioning The Constitutionality Of Criminalizing Suspicion?, Dannye Holley
The University of New Hampshire Law Review
“This article evaluates whether the nation‘s highest appellate courts have, on balance, been more willing to acquiesce to criminalization based on suspicion since the attacks on the World Trade Center seven years ago. The article seeks to accomplish this evaluation by comparing decisions of the United States and state supreme courts in the six years prior to September 2001 with decisions in the six years following the terrorist attack— have the courts with the greatest authority to sanction the criminalization of suspicion been more willing to do just that? Such a post-September 11th trend would be significant because, despite the …
Giving Dissenters Back Their Rights: How The White House Presidential Advance Manual Changes The First Amendment And Standing Debates, Kimberly Albrecht-Taylor
Giving Dissenters Back Their Rights: How The White House Presidential Advance Manual Changes The First Amendment And Standing Debates, Kimberly Albrecht-Taylor
William & Mary Bill of Rights Journal
No abstract provided.
Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora
Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora
University of Michigan Journal of Law Reform
The current "war on terror" provides the Bush administration with a unique opportunity to both establish clear guidelines for the interrogation of detainees and to make a forceful statement about American values. How the government chooses to act can promote either an ethical commitment to the norms of civil society, or an attitude analogous to Toby Keith's "American Way," where Keith sings that "you'll be sorry that you messed with the USofA, 'Cuz we'll put a boot in your ass, It's the American Way."
Workplace Electronic Privacy Protections Abroad: The Whole Wide World Is Watchin, William A. Herbert
Workplace Electronic Privacy Protections Abroad: The Whole Wide World Is Watchin, William A. Herbert
Publications and Research
Legal and public policy ideas and concepts are known to traverse national borders. The rapidity of this multinational exchange of ideas has been substantially enhanced through the technological revolution over the past two decades. How a nation adopts or rejects particular ideas and concepts reflects on its particular history, culture and priorities. The establishment of legal protections for privacy against intrusions by governments, employers, companies and individuals represents a concept that has been adopted in different ways by other nations. This article will focus on how the European Union and certain Western countries have approached the issue of protecting individual …
Shibboleths And Ceballos. Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart
Shibboleths And Ceballos. Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart
BYU Law Review
No abstract provided.
Leave Me Alone! The Delicate Balance Of Privacy And Commercial Speech In The Evolving Do-Not-Call Registry, Andrew L. Sullivant
Leave Me Alone! The Delicate Balance Of Privacy And Commercial Speech In The Evolving Do-Not-Call Registry, Andrew L. Sullivant
Federal Communications Law Journal
In 2004, the Tenth Circuit held that although the newly enacted do-not-call registry restricted commercial speech, the restriction was narrowly tailored and thus fell within the bounds of the Constitution. Since that decision, the Federal Trade Commission has amended the do-not-call registry to abolish the provision that required individuals to re-register every five years, and in 2008, Congress passed the amendment. This Note argues that the five-year reregistration requirement is a substantial factor in the registry's narrow tailoring. By removing the requirement, questions as to the restriction's constitutionality reemerge.
Gatekeeping Vs. Balancing In The Constitutional Law Of Elections: Methodological Uncertainty On The High Court, Christopher S. Elmendorf, Edward B. Foley
Gatekeeping Vs. Balancing In The Constitutional Law Of Elections: Methodological Uncertainty On The High Court, Christopher S. Elmendorf, Edward B. Foley
William & Mary Bill of Rights Journal
This Essay examines the methodological upheaval created by the quartet of constitutional election law cases decided during October Term 2007. Prior to this Term, the ascendant analytic approach called for a threshold characterization of the burden on the plaintiff's rights, which characterization determined whether the court would apply strict scrutiny or lax, rational-basis-like review. The characterization was generally formal in nature. But in light of the Supreme Court's latest decisions, it is now open to a lower court adjudicating a First Amendment or Equal Protection challenge to an election law-absent a Supreme Court precedent squarely on point- (1) to engage …
Constitutionalizing Class Inequality: Due Process In State Farm, Martha T. Mccluskey
Constitutionalizing Class Inequality: Due Process In State Farm, Martha T. Mccluskey
Buffalo Law Review
This essay takes a step toward building a story of economic class in U.S. constitutional law, as part of a special essay issue of the Buffalo Law Review developed from a series of workshops titled ClassCrits: Toward a Critical Analysis of Economic Inequality, sponsored by the Baldy Center for Law and Social Policy at the University at Buffalo. The essay focuses on the 2003 U.S. Supreme Court decision in State Farm Mutual Insurance Co. v. Campbell, one of a series of recent cases using the due process clause of the 14th Amendment to limit punitive damage awards against corporate defendants …
Does Heller Protect A Right To Carry Guns Outside The Home?, Michael C. Dorf
Does Heller Protect A Right To Carry Guns Outside The Home?, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.