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Articles 31 - 60 of 795
Full-Text Articles in Constitutional Law
Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones
Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones
Chicago-Kent Law Review
The United States Supreme Court's 2002 decision in Republican Party of Minnesota v. White was the first shot fired in an ongoing battle over judicial campaign ethics. The White decision invalidated a Minnesota Canon of Judicial Conduct prohibiting judicial candidates from announcing their views on disputed legal or political topics. Subsequent to White, numerous states have faced challenges to their judicial canons of conduct by groups advocating for an increased breadth of permissible speech in judicial campaigns. While White and its progeny have safeguarded the first amendment rights of judicial candidates, significant concerns have been raised regarding how best to …
Rescuing The Fourteenth Amendment Privileges Or Immunities Clause: How "Attrition Or Parliamentary Processes" Begat Accidental Ambiguity; How Ambiguity Begat Slaughter-House, Michael Anthony Lawrence
Rescuing The Fourteenth Amendment Privileges Or Immunities Clause: How "Attrition Or Parliamentary Processes" Begat Accidental Ambiguity; How Ambiguity Begat Slaughter-House, Michael Anthony Lawrence
William & Mary Bill of Rights Journal
No abstract provided.
The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher
The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher
William & Mary Bill of Rights Journal
No abstract provided.
Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long
Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long
Law Faculty Research Publications
Professor Lani Guinier and others have recently developed a theory called "demosprudence" that explains the democracy-enhancing potential of certain types of US. Supreme Court dissents. Separately, state constitutionalists have described state constitutions' capacity to offer a base of resistance against the U.S. Supreme Court's narrow conception of individual rights. Applying these two seemingly unrelated theories to school desegregation litigation in Connecticut and to same-sex marriage litigation in Iowa, this Essay suggests that certain state constitutional decisions might function like U.S. Supreme Court dissents to enhance democratic activism. In this way, interactive federalism might usefully serve as a category of demosprudence.
“Consolidating The New Position (1938-1940)”: A Study Of The Tenure Of Robert H. Jackson: March 5, 1938 To January 18, 1940, Nicholas John Stamato
“Consolidating The New Position (1938-1940)”: A Study Of The Tenure Of Robert H. Jackson: March 5, 1938 To January 18, 1940, Nicholas John Stamato
Dissertations - ALL
Robert H. Jackson’s service as Solicitor General has attained mythic status, prompting academics and commentators consistently to rate him as one of the greatest appointees to that office. In part, his stature reflects his extraordinary skill as an attorney. In some measure, Jackson’s legend draws upon the Supreme Court’s growing liberalism, which occurred upon his watch. As Peter Ubertaccio argues in his history of the office, Learned in the Law and Politics, the stature of the Solicitor General suffered during the early 1930s, when the court generally ruled against the government, then improved as the court sided with the Roosevelt …
Penalizing Poverty: Making Criminal Defendants Pay For Their Court-Appointed Counsel Through Recoupment And Contribution, Helen A. Anderson
Penalizing Poverty: Making Criminal Defendants Pay For Their Court-Appointed Counsel Through Recoupment And Contribution, Helen A. Anderson
University of Michigan Journal of Law Reform
Over thirty years ago the United States Supreme Court upheld an Oregon statute that allowed sentencing courts, with a number of important procedural safeguards, to impose on indigent criminal defendants the obligation to repay the cost of their court appointed attorneys. The practice of ordering recoupment or contribution (application fees or co-pays) of public defender attorney's fees is widespread, although collection rates are unsurprisingly low. Developments since the Court's decision in Fuller v. Oregon show that not only is recoupment not cost-effective, but it too easily becomes an aspect of punishment, rather than legitimate cost recovery. In a number of …
Neo-Orthodoxy In Academic Freedom, J. Peter Byrne
Neo-Orthodoxy In Academic Freedom, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
This review essay analyzes two recent books that advance neo-orthodox theories of academic freedom: Matthew Finkin and Robert Post, For the Common Good: Principles of American Academic Freedom, and Stanley Fish, Save the World on Your Own Time. Both books develop principles articulated in the American Association of University Professors 1915 Declaration, which emphasize the role of faculty in advancing knowledge and the need to insulate professional evaluation of academic work from lay, political interference. This review essay defends the return to protection of the scholarly search for truth as the touchstone of academic freedom, offers critiques of the authors’ …
Avoiding Another Eldorado: Balancing Parental Liberty And The Risk Of Error With Governmental Interest In The Well-Being Of Children In Complex Cases Of Child Removal, Andrew T. Erwin
William & Mary Law Review
No abstract provided.
Making The Case: Did The Government's Response To Hurricane Katrina Violate The Equal Protection Clause., Michael Kogut
Making The Case: Did The Government's Response To Hurricane Katrina Violate The Equal Protection Clause., Michael Kogut
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright
Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright
BYU Law Review
No abstract provided.
November 29, 2009: The Iranian Bomb, Bruce Ledewitz
November 29, 2009: The Iranian Bomb, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Iranian Bomb“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 25, 2009: Happy Thanksgiving Everyone, Bruce Ledewitz
November 25, 2009: Happy Thanksgiving Everyone, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Thanksgiving Everyone“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 23, 2009: A Serious Man, A Serious Movie, Bruce Ledewitz
November 23, 2009: A Serious Man, A Serious Movie, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Serious Man, A Serious Movie“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 21, 2009: The Young Don’T Read The Bible, Bruce Ledewitz
November 21, 2009: The Young Don’T Read The Bible, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Young Don’t Read the Bible“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Academic Center Of Law And Business V. Minister Of Finance, Dorit Beinisch, Edna Arbel, Asher Grunis, Eliezer Rivlin, Ayala Procaccia, Esther Hayut, Salim Joubran, Miriam Naor, Edmond E. Levy
Academic Center Of Law And Business V. Minister Of Finance, Dorit Beinisch, Edna Arbel, Asher Grunis, Eliezer Rivlin, Ayala Procaccia, Esther Hayut, Salim Joubran, Miriam Naor, Edmond E. Levy
Translated Opinions
Facts: The Knesset enacted the Prisons Ordinance Amendment Law (no. 28), 5764-2004 (‘amendment 28’), which provides that the State of Israel will establish, for the first time, a (single) prison that will be operated and managed by a private corporation rather than by the state. The constitutionality of this law was challenged by the petitioners, who argued that amendment 28 disproportionately violated the rights of prison inmates as a result of the actual transfer of imprisonment powers to a private enterprise, and as a result of the concern that human rights in a private prison would be violated to a …
November 18, 2009: The Yale Press Decision Not To Publish The Cartoons Of Muhammad, Bruce Ledewitz
November 18, 2009: The Yale Press Decision Not To Publish The Cartoons Of Muhammad, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Yale Press Decision Not to Publish the Cartoons of Muhammad“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
From Choice To Reproductive Justice: De-Constitutionalizing Abortion Rights, Robin West
From Choice To Reproductive Justice: De-Constitutionalizing Abortion Rights, Robin West
Georgetown Law Faculty Publications and Other Works
The Essay argues that the right to abortion constitutionalized in Roe v. Wade is by some measure at odds with a capacious understanding of the demands of reproductive justice. No matter its rationale, the constitutional right to abortion is fundamentally a negative right that rhetorically keeps the state out of the domain of family life. As such, the decision privatizes not only the abortion decision, but also parenting, by rendering the decision to carry a pregnancy to term a choice. It thereby legitimates a minimalist state response to the problems of pregnant women who carry their pregnancies to term and …
Jones V. Harris Associates: Shareholder Requirements For Proving A Mutual Fund Adviser’S Breach Of Fiduciary Duty, Matthew Rinegar
Jones V. Harris Associates: Shareholder Requirements For Proving A Mutual Fund Adviser’S Breach Of Fiduciary Duty, Matthew Rinegar
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
On Writs Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Holder V. Humanitarian Law Project, Nos. 08-1298, 09-89 (U.S. Nov. 16, 2009), David Cole
U.S. Supreme Court Briefs
No abstract provided.
November 15, 2009: When Scientists Speak Of God, Bruce Ledewitz
November 15, 2009: When Scientists Speak Of God, Bruce Ledewitz
Hallowed Secularism
Blog post, “When Scientists Speak of God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 11, 2009: No Religious Extremists In The Military, Bruce Ledewitz
November 11, 2009: No Religious Extremists In The Military, Bruce Ledewitz
Hallowed Secularism
Blog post, “No Religious Extremists in the Military“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 13, 2009: How Does A Hallowed Secularist Face Death?, Bruce Ledewitz
November 13, 2009: How Does A Hallowed Secularist Face Death?, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Does a Hallowed Secularist Face Death?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Freedom Of Speech And Contempt By Scandalizing The Court In Singapore, Jack Tsen-Ta Lee
Freedom Of Speech And Contempt By Scandalizing The Court In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
The offence of scandalizing the court, a form of contempt of court, is regarded as obsolete in the United Kingdom. However, it continues to be imposed in other Commonwealth nations and remains very much alive in Singapore, having been applied in a crop of cases between 2006 and 2009. This short commentary examines one of these cases, Attorney-General v Hertzberg and others [2009] 1 Singapore Law Reports 1103, which has generated worldwide interest as it arose out of articles published in the Wall Street Journal Asia. In Hertzberg, the High Court of Singapore held that utterances by an alleged contemnor …
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
All Faculty Scholarship
By taking their seats at “whites only” lunch counters across the South in the spring of 1960, African American students not only launched a dramatic new stage in the civil rights movement, they also sparked a national reconsideration of the scope of the constitutional equal protection requirement. The critical constitutional question raised by the sit-in movement was whether the Fourteenth Amendment, which after Brown v. Board of Education (1954) prohibited racial segregation in schools and other state-operated facilities, applied to privately owned accommodations open to the general public. From the perspective of the student protesters, the lunch counter operators, and …
November 8, 2009: The Role Of Religion In Building Coalitions Over Healthcare, Bruce Ledewitz
November 8, 2009: The Role Of Religion In Building Coalitions Over Healthcare, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Role of Religion in Building Coalitions Over Healthcare“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 6, 2009: Hopeful Signs In The Vote In Maine, Bruce Ledewitz
November 6, 2009: Hopeful Signs In The Vote In Maine, Bruce Ledewitz
Hallowed Secularism
Blog post, “Hopeful Signs in the Vote in Maine“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Death Behind Bars: Examining Juvenile Life Without Parole In Sullivan V. Florida And Graham V. Florida, Lauren Fine
Death Behind Bars: Examining Juvenile Life Without Parole In Sullivan V. Florida And Graham V. Florida, Lauren Fine
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Displacement, Timothy Zick
November 3, 2009: More Calls For Believers To Translate Their Beliefs, Bruce Ledewitz
November 3, 2009: More Calls For Believers To Translate Their Beliefs, Bruce Ledewitz
Hallowed Secularism
Blog post, “More Calls for Believers to Translate Their Beliefs“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Prioritizing Professional Responsibility And The Legal Profession: A Preview Of The United States Supreme Court’S 2009–2010 Term, Renee Newman Knake
Prioritizing Professional Responsibility And The Legal Profession: A Preview Of The United States Supreme Court’S 2009–2010 Term, Renee Newman Knake
Duke Journal of Constitutional Law & Public Policy Sidebar
This term, the Supreme Court is scheduled to hear ten cases on the role of attorneys and the practice of law. In doing so, the Court is departing from its normal practice of hearing two, or at most three, cases on professional responsibility. Prof. Renee Knake of Michigan State University College of Law reviews the professional responsibility cases on the Court's docket and examines how they could influence the practice of law.