Constitutional Law Commons^™

Child Rape, Moral Outrage, And The Death Penalty, Susan A. Bandes

NULR Online

No abstract provided.

August 5, 2008: Cal Thomas Calls Obama “No Christian”, Bruce Ledewitz

Hallowed Secularism

Blog post, “Cal Thomas Calls Obama “No Christian”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Rediscovering The Law's Moral Roots, Morris B. Hoffman

NULR Online

No abstract provided.

August 3, 2008: Is There A Common Core To Religion?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is There a Common Core to Religion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Say Cheese! Examining The Constitutionality Of Photostops, Molly Bruder

American University Law Review

No abstract provided.

July 30, 2008: Is Leah Daughtry A Phony?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Leah Daughtry a Phony?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Louzon V. Government Of Israel, Dorit Beinisch, Asher Grunis, Miriam Naor

Translated Opinions

This Petition challenges the exclusion of the medication “Erbitux” among the state provided health services, which are publically funded. The medication Erbitux is a new drug for the treatment of colon cancer.

The Supreme Court, sitting as a High Court of Justice, held as following:

It is doubtful whether the demand for public funding of new medications may find a hold in the hard core of the constitutional rights detailed in the Basic Law. Even under a broad interpretive approach with expand the constitutional scope of the right to dignity beyond the necessary minimum in the context of welfare and …

July 27, 2008: Hallowed Secularism And The Fear Of Death, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hallowed Secularism and the Fear of Death“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 24, 2008: Christians Captured By Capitalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Christians Captured by Capitalism “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Summary Of Moldon V. County Of Clark, 124 Nev. Adv. Op. No. 49, Tyler James Watson

Nevada Supreme Court Summaries

Appeal from a district court order denying a motion for interest in an eminent domain action.

July 20, 2008: More On The Interfaith Meeting In Spain, Bruce Ledewitz

Hallowed Secularism

Blog post, "More on the Interfaith Meeting in Spain" discusses politics, theology and the aw in relation to religion and public life in the democratic United States of America.

Citizen Mccain, Michael I. Meyerson

All Faculty Scholarship

No abstract provided.

July 15, 2008: Meeting Of Our Religions In Spain, Bruce Ledewitz

Hallowed Secularism

Blog post, “Meeting of Our Religions in Spain “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 17, 2008: Hegel And The Wall Of Separation, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hegel and the wall of separation “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 9, 2008: Gender And Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Gender and Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 6, 2008: For The Establishment Of Religion: Where Are We Now?, Bruce Ledewitz

Hallowed Secularism

Blog post, “For the Establishment of Religion: Where Are We Now?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 3, 2008: Having It Both Ways On Faith-Based Providers, Bruce Ledewitz

Hallowed Secularism

Blog post, “Having it Both Ways on Faith-Based Providers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 1, 2008: The Secularist's Prayer, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Secularist's Prayer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz

Articles

The article advocates for reclassifying immigration removal proceedings, distinguishing between exclusion and expulsion. It argues that while exclusion should remain a civil process, expulsion, particularly for lawful permanent residents, should be treated as a criminal matter due to its punitive nature and severe consequences. This bifurcated approach aims to align legal procedures with the reality of the impact on individuals and ensure constitutional protections.

Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, Michael J. Monahan

Articles

No abstract provided.

The Right To Participate, The Right To Know, And Electronic Voting In Montana, Brian J. Miller

Montana Law Review

Electronic Voting

Raising The Bars: A Comparative Look At Treatment Standards For Mentally Ill Prisoners In The United States, United Kingdom, And Australia, Kim P. Turner

Cardozo Journal of International and Comparative Law

The note examines the treatment of mentally ill prisoners in the United States, the United Kingdom, and Australia, highlighting the disparity in mental health care within their prison systems. It argues that while the U.K. and Australia have integrated international human rights standards into their policies, the U.S. lags behind, relying on an outdated Eighth Amendment framework that fails to meet contemporary human rights expectations. The author advocates for the U.S. to reevaluate its approach, aligning it with international standards to ensure adequate mental health care for prisoners.

Injunctions For Defamation, Juries, And And The Clarifying Lens Of 1868, Stephen A. Siegel

Buffalo Law Review

No abstract provided.

At The Altar Of Autonomy: The Dangerous Territory Of Abigail Alliance V. Von Eschenbach, Andrea Beth Ott

Buffalo Law Review

No abstract provided.

The Constitutive Paradox Of Modern Law: A Comment On Tully, Ruth Buchanan

Osgoode Hall Law Journal

This commentary draws out and elaborates upon some of the more challenging aspects of Professor Tully's sophisticated taxonomy of the relationship between modern constitutional forms and constituent powers. Tully's article reveals the historical particularities of these formations, and at the same time encourages the reader to think beyond them, towards the potentially uncategorizable realm of democratic constitutionalism. Yet, how is it possible to use a taxonomy of modern constitutional democracy as a means of understanding what ties in the uncharted territory beyond? This commentary further explores to what extent this paradoxical modern configuration of constituent powers and constitutional forms may …

Judicial Review And American Constitutional Exceptionalism, Miguel Schor

Osgoode Hall Law Journal

This article challenges the conventional view of the pervasiveness of American-style judicial review. It questions why social movements contest constitutional meaning by fighting over judicial appointments in the United States, and why this strategy makes little sense in democracies that constitutionalized rights in the late twentieth century. The United States has been both a model and an anti-model in the global spread of judicial review, as the hope of Marbury (constitutionalized rights) has been tempered by the fear of Lochner [courts run amok). In reconciling Marbury and Lochner, other polities have adopted stronger mechanisms of judicial accountability that make it …

Eclecticism, Nelson Tebbe

Cornell Law Faculty Publications

This short piece comments on Kent Greenawalt's new book, Religion and the Constitution: Establishment and Fairness. It argues that although Greenawalt's eclectic approach carries certain obvious costs, his theory cannot be evaluated without comparing its advantages and disadvantages to those of its competitors. It concludes by giving some sense of what that comparative calculus might look like.

Modern Constitutional Democracy And Imperialism, James Tully

Osgoode Hall Law Journal

To what extent is the development of modern constitutional democracy as a state form in the West and its spread around the world implicated in western imperialism? This has been a leading question of legal scholarship over the last thirty years. James Tully draws on this scholarship to present a preliminary answer. Part I sets out seven central features of modern constitutional democracy and its corresponding international institutions of law and government. Part II sets out three major imperial roles that these legal and political institutions have played, and continue to play. And finally, Part III surveys ways in which …

"Carhart", Constitutional Rights, And The Psychology Of Regret, Chris Guthrie

Vanderbilt Law School Faculty Publications

In "Gonzales v. Carhart", the Supreme Court upheld the Partial-Birth Abortion Ban Act. In so doing, the Court used the prospect of regret to justify limiting choice. Relying on empirical evidence documenting the four ways in which regret actually operates, this Article argues that the Court's analysis reflects a fundamental misunderstanding of the psychology of regret. By exposing the Court's misunderstanding of this emotion, this article seeks to minimize the most significant risk posed by the Carhart decision: that states will use the prospect of regret to justify additional constraints not only on the abortion right but also on other …

Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise

Cornell Law Faculty Publications

No abstract provided.