Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Philosophy (151)
- First Amendment (69)
- Criminal Law (63)
- Civil Rights and Discrimination (46)
- Courts (38)
-
- Criminal Procedure (37)
- Legal History (37)
- Supreme Court of the United States (36)
- International Law (31)
- Administrative Law (27)
- Education Law (27)
- Legislation (27)
- Jurisprudence (26)
- Comparative and Foreign Law (25)
- State and Local Government Law (24)
- Human Rights Law (22)
- Law and Politics (22)
- Religion Law (22)
- Immigration Law (19)
- Judges (19)
- Litigation (19)
- Military, War, and Peace (18)
- Family Law (17)
- Fourteenth Amendment (17)
- Law and Society (17)
- President/Executive Department (17)
- Jurisdiction (15)
- Communications Law (13)
- Institution
-
- Duquesne University (151)
- William & Mary Law School (46)
- American University Washington College of Law (38)
- Yeshiva University, Cardozo School of Law (36)
- University of Michigan Law School (30)
-
- UC Law SF (28)
- Georgetown University Law Center (27)
- Duke Law (22)
- Maurer School of Law: Indiana University (20)
- University of Richmond (19)
- University of Maryland Francis King Carey School of Law (17)
- Northwestern Pritzker School of Law (15)
- Seattle University School of Law (12)
- UIC School of Law (12)
- New York Law School (11)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (11)
- Vanderbilt University Law School (11)
- Villanova University Charles Widger School of Law (11)
- Columbia Law School (10)
- Cornell University Law School (10)
- Fordham Law School (10)
- Notre Dame Law School (9)
- Schulich School of Law, Dalhousie University (9)
- University of the Pacific (8)
- Brigham Young University Law School (7)
- Florida A&M University College of Law (7)
- University at Buffalo School of Law (7)
- University of Colorado Law School (7)
- Osgoode Hall Law School of York University (6)
- St. John's University School of Law (6)
- Keyword
-
- Philosophy (151)
- Hallowed Secularism (150)
- American Religious Democracy (144)
- Theology (138)
- Religion (61)
-
- Politics (55)
- Constitutional law (48)
- Constitutional Law (43)
- First Amendment (36)
- Constitution (34)
- Law (27)
- Presidential election (26)
- Supreme Court (26)
- Seperation of church and state (19)
- Federalism (18)
- Judicial review (14)
- United States Supreme Court (13)
- Congress (12)
- Democracy (12)
- Due process (12)
- Fourth Amendment (12)
- Originalism (12)
- United States Constitution (12)
- First amendment (11)
- United States Constitution 1st Amendment (11)
- Establishment Clause (10)
- Executive power (10)
- General (10)
- Human rights (10)
- Privacy (10)
- Publication
-
- Hallowed Secularism (150)
- Faculty Scholarship (49)
- UC Law Constitutional Quarterly (28)
- Faculty Publications (26)
- Georgetown Law Faculty Publications and Other Works (25)
-
- William & Mary Law Review (21)
- American University Law Review (17)
- Articles (16)
- William & Mary Bill of Rights Journal (16)
- Law Faculty Publications (14)
- Michigan Law Review (14)
- Cardozo Law Review (12)
- Journal Articles (12)
- Scholarly Works (11)
- Seattle University Law Review (11)
- Duke Journal of Constitutional Law & Public Policy Sidebar (10)
- UIC Law Review (10)
- NYLS Law Review (9)
- Scholarly Articles in Law Reviews & Journals (9)
- Cornell Law Faculty Publications (8)
- NULR Online (8)
- American University Journal of Gender, Social Policy & the Law (7)
- Articles by Maurer Faculty (7)
- Faculty Working Papers (7)
- Federal Communications Law Journal (7)
- Law Faculty Scholarship (7)
- McGeorge Law Review (7)
- Publications (7)
- Translated Opinions (7)
- University of Richmond Law Review (7)
- Publication Type
Articles 481 - 510 of 749
Full-Text Articles in Constitutional Law
Shot Down: The D.C. Circuit Disarms Gun Control Laws In Parker V. District Of Columbia, Allison L. Mollenhauer
Shot Down: The D.C. Circuit Disarms Gun Control Laws In Parker V. District Of Columbia, Allison L. Mollenhauer
Villanova Law Review (1956 - )
No abstract provided.
Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown
Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
The Supreme Court And Indiana's Voter Id Law, David Williams
The Supreme Court And Indiana's Voter Id Law, David Williams
Articles by Maurer Faculty
No abstract provided.
Preserving The Writ: The Military Commission Act’S Unconstitutional Attempt To Deprive Lawful Resident Aliens Of Their Habeas Corpus Rights, Katy R. Jackman
Preserving The Writ: The Military Commission Act’S Unconstitutional Attempt To Deprive Lawful Resident Aliens Of Their Habeas Corpus Rights, Katy R. Jackman
Maryland Law Review
No abstract provided.
Discriminatory Pay And Title Vii: Filing A Timely Claim, 41 J. Marshall L. Rev. 325 (2008), Megan E. Mowrey
Discriminatory Pay And Title Vii: Filing A Timely Claim, 41 J. Marshall L. Rev. 325 (2008), Megan E. Mowrey
UIC Law Review
No abstract provided.
Silence At The Schoolhouse Gate: The Diminishing First Amendment Rights Of Public School Employees, Neal H. Hutchens
Silence At The Schoolhouse Gate: The Diminishing First Amendment Rights Of Public School Employees, Neal H. Hutchens
Kentucky Law Journal
No abstract provided.
Huber Winery V. Wilcher: The Commerce Clause, State Regulations And The Free Trade Of Wine, William H. Brammell Jr.
Huber Winery V. Wilcher: The Commerce Clause, State Regulations And The Free Trade Of Wine, William H. Brammell Jr.
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Extraordinary Rendition: The Price Of Secrecy, Louis Fisher
Extraordinary Rendition: The Price Of Secrecy, Louis Fisher
American University Law Review
No abstract provided.
Retail Industry Leaders Ass’N V. Fielder: Erisa Preemption Trumps The “Play Or Pay” Law, Leslie` A. Harrelson
Retail Industry Leaders Ass’N V. Fielder: Erisa Preemption Trumps The “Play Or Pay” Law, Leslie` A. Harrelson
Maryland Law Review
No abstract provided.
De-Moralized: Glucksberg In The Malaise, Steven D. Smith
De-Moralized: Glucksberg In The Malaise, Steven D. Smith
Michigan Law Review
Ten years down the road, what is the enduring significance of the "assisted suicide" cases, Washington v. Glucksberg and Vacco v. Quill? The cases reflect an unusually earnest, but nonetheless unsuccessful, attempt by the Supreme Court to grapple with a profound moral issue. So, why was the Court unable to provide a more satisfying justification for its conclusions? This Article, written for a symposium on the tenth anniversary of Glucksberg,, discusses that question. Part I examines some of the flaws in reasoning in the Glucksberg and Quill opinions and suggests that these flaws stem from the opinion writers' …
Sex Offender Registration And Community Notification Policy: Past, Present, And Future, Wayne A. Logan
Sex Offender Registration And Community Notification Policy: Past, Present, And Future, Wayne A. Logan
Scholarly Publications
Based on a keynote address delivered in conjunction with the Journal's annual symposium, this paper examines several of the major legal and policy issues associated with sex offender registration and community notification laws. Particular attention is dedicated to the Adam Walsh Act, a federal law enacted in July 2006 that continues efforts by Congress to foster changes in state registration and notification regimes as a result of its Spending Clause authority. In addition to discussing the federalism implications of the AWA, the paper examines several of its most significant provisions, including those calling for empirical assessment of registration and community …
Indian Gaming On Newly Acquired Lands, Erik M. Jensen
Indian Gaming On Newly Acquired Lands, Erik M. Jensen
Faculty Publications
This symposium article examines the meaning of the term Indian lands - the lands that might become sites for Indian gaming-in the Indian Gaming Regulatory Act of 1988. At its core, the term is unambiguous: it includes reservations and other lands that, at the time of IGRA's enactment, were held in trust by the United States for the benefit of American Indian nations. But Indian lands can include much more. Indeed, it is possible for real estate having only the most tenuous historical connections with a tribe (perhaps having no connections at all) to become Indian lands. The treatment of …
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathan L. Entin
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathan L. Entin
Faculty Publications
In Parents Involved in Community Schools v. Seattle School District No. 1 the Supreme Court debated the meaning of Brown v. Board of Education. This essay, prepared for a symposium on Parents Involved, traces the roots of the debate between color-blindness and anti-subordination to Brown itself and efforts to desegregate public schools in the wake of that decision but shows that the debate goes back at least as far as the tensions reflected in the first Justice Harlan's celebrated dissent in Plessy v. Ferguson.
From The Fringes Of Copyright Law: Examining California's True Name And Address Internet Piracy Statute, Brian Mcfarlin
From The Fringes Of Copyright Law: Examining California's True Name And Address Internet Piracy Statute, Brian Mcfarlin
UC Law Constitutional Quarterly
In 2004, California Governor Schwarzenegger signed into law California Penal Code section 653aa. Under the statute, anyone located in California who, "knowing that a particular recording or audiovisual work is commercial, knowingly electronically disseminates all or substantially all of that commercial recording or audiovisual work to more than 10 other people without disclosing his or her email address, and the title of the recording or audiovisual work" is guilty of a misdemeanor. While this statute allows copyright holders, such as music companies, to easily identify copyright infringers online, it accomplishes this goal by going outside of federal copyright law entirely …
A Reexamination Of The Tinker Standard: Freedom Of Speech In Public Schools, Jerico Lavarias
A Reexamination Of The Tinker Standard: Freedom Of Speech In Public Schools, Jerico Lavarias
UC Law Constitutional Quarterly
The question of whether homosexuality is a sin has been, especially in the last decade, at the center of public discourse. People who practice any Christian religion would strongly answer in the affirmative to this question. However, we live in modem times where the right to freedom of speech and enjoyment of civil liberties are arguably at their height, and contrary to religious conclusions many positive viewpoints have arisen on the practice of homosexuality. Yet the debate continues. While there is no question to the right afforded to adults to freely and openly discuss the issue of whether homosexuality is …
What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman
What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman
Villanova Law Review (1956 - )
No abstract provided.
Do Churches Matter - Towards An Institutional Understanding Of The Religion Clauses, Richard W. Garnett
Do Churches Matter - Towards An Institutional Understanding Of The Religion Clauses, Richard W. Garnett
Villanova Law Review (1956 - )
No abstract provided.
Members Only - United States V. Rayburn House Office Building, Room 2113: The Speech Or Debate Clause, The Separation Of Powers And The Testimonial Privilege Of Preemptive Nondisclosure, John D. Friel
Villanova Law Review (1956 - )
No abstract provided.
Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood
Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood
NYLS Law Review
No abstract provided.
The Death Penalty In America: Riding The Trojan Horse Of The Civil War, Michael S. Brazao
The Death Penalty In America: Riding The Trojan Horse Of The Civil War, Michael S. Brazao
The Modern American
No abstract provided.
Privacy On Planet Google: Using The Theory Of "Contextual Integrity" To Clarify The Privacy Threats Of Google's Quest For The Perfect Search Engine, Michael Zimmer
Journal of Business & Technology Law
No abstract provided.
Why Monuments Are Government Speech: The Hard Case Of Pleasant Grove City V. Summun, 58 Cath. U. L. Rev. 7 (2008), Mary Jean Dolan
Why Monuments Are Government Speech: The Hard Case Of Pleasant Grove City V. Summun, 58 Cath. U. L. Rev. 7 (2008), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
No abstract provided.
No Compensation For Slave Traders: Some Implications, 14 Tex. Wesleyan L. Rev. 289 (2008), Allen R. Kamp
No Compensation For Slave Traders: Some Implications, 14 Tex. Wesleyan L. Rev. 289 (2008), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz
Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz
Articles
The article challenges the traditional classification of removal proceedings as civil, arguing that expulsion, particularly for permanent residents, functions similarly to criminal punishment and should therefore be treated as criminal. It proposes a bifurcated approach distinguishing exclusion and expulsion, advocating for criminal protections in expulsion proceedings to align with historical and constitutional principles.
Mixed Speech: When Speech Is Both Private And Governmental, Caroline Mala Corbin
Mixed Speech: When Speech Is Both Private And Governmental, Caroline Mala Corbin
Articles
Speech is generally considered to be either private or governmental, and this dichotomy is embedded in First Amendment jurisprudence. However, speech is often neither purely private nor purely governmental but rather a combination of the two. Nonetheless, the Supreme Court has not yet recognized mixed speech as a distinct category of speech. This Article suggests considerations for identifying mixed speech and exposes the shortcomings of the current approach of classifying all speech as either private or governmental when determining whether viewpoint restrictions pass First Amendment muster. Treating mixed speech as government speech gives short shrift to the free speech interests …
Lincoln At 200: On Lincoln's Statesmanship, Dred Scott And Constitutional Evil, Harry F. Tepker
Lincoln At 200: On Lincoln's Statesmanship, Dred Scott And Constitutional Evil, Harry F. Tepker
Faculty Articles
No abstract provided.
‘Move On’ Orders As Fourth Amendment Seizures, Stephen E. Henderson
‘Move On’ Orders As Fourth Amendment Seizures, Stephen E. Henderson
Faculty Articles
If a police officer orders one to move on, must the recipient comply? This article analyzes whether there is a federal constitutional right to remain, and in particular whether a police command to move on constitutes a seizure of the person for purposes of the Fourth Amendment. Although it is a close question, I conclude that the Fourth Amendment typically does not restrict a move on (MO) order, and that substantive due process only prohibits the most egregious such orders. It is a question of broad significance given the many legitimate reasons police might order persons to move on, as …
The Forgotten Right: Section 9 Of The Charter, Its Purpose And Meaning, James Stribopoulos
The Forgotten Right: Section 9 Of The Charter, Its Purpose And Meaning, James Stribopoulos
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
This paper examines why section 9 of the Charter, the right not to be arbitrarily detained or imprisoned, has failed to flourish. The paper argues that the right has essentially remained dormant because the Supreme Court of Canada has not yet expressly identified the underlying purpose of this important constitutional guarantee. After briefly canvassing the current state of affairs under section 9, the paper shifts to a purposive analysis of the guarantee. Its historic antecedents, the provision’s drafting history, the international influences that helped shape its framing, the testimony of senior civil servants involved in its drafting, as well as …
"Saturday Night's Alright For Fighting": Congressman William Jefferson, The Saturday Night Raid, And The Speech Or Debate Clause, James W. Mcphillips
"Saturday Night's Alright For Fighting": Congressman William Jefferson, The Saturday Night Raid, And The Speech Or Debate Clause, James W. Mcphillips
Georgia Law Review
On May 20, 2006, for the first time in U.S. history, federal agents executed a search warrant in raiding the Capitol Hill office of a sitting member of Congress. The raid was the culmination of a fourteen month corruption and bribery investigation into Representative William J. Jefferson's business dealings in Africa. Supported by bipartisan outcry, Jefferson sought the return of the documents seized in the raid under the legislative immunity protection of the Speech or Debate Clause. In United States v. Rayburn House Office Building, the D.C. Circuit agreed with Jefferson that the FBI violated his constitutional rights and granted …
Ritual, Emotion, And Political Belief: The Search For The Constitutional Limit To Patriotic Education In Public Schools, Brent T. White
Ritual, Emotion, And Political Belief: The Search For The Constitutional Limit To Patriotic Education In Public Schools, Brent T. White
Georgia Law Review
Young children across America begin the school day with ritualized expressions of loyalty to the United States. Relying upon evidence from the cognitive and neurosciences, this Article argues that such patriotic rituals embed patriotic predispositions in children's unconscious at a time when they are especially vulnerable to emotional manipulation. These patriotic predispositions in turn sharply constrain children's future conceptions of political reality and shape their political beliefs. Additionally, by conditioning the same symbolic attachments in the vast majority of Americans, ritualized patriotic education contributes to the manipulation of the public by public officials, legitimizes anti-democratic aspects of the American system, …