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Constitutional Law Commons

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2008

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Articles 1 - 30 of 749

Full-Text Articles in Constitutional Law

December 31, 2008: Ursula K. Leguin Responds, Bruce Ledewitz Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

Does Heller Protect A Right To Carry Guns Outside The Home?, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.