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Articles 301 - 330 of 795
Full-Text Articles in Constitutional Law
Social Movements And The Ethical Construction Of Law, Gerald Torres
Social Movements And The Ethical Construction Of Law, Gerald Torres
Cornell Law Faculty Publications
No abstract provided.
Leaving The Chisholm Trail: The Eleventh Amendment And The Background Principle Of Strict Construction, Kurt T. Lash
Leaving The Chisholm Trail: The Eleventh Amendment And The Background Principle Of Strict Construction, Kurt T. Lash
William & Mary Law Review
No abstract provided.
Reforming The State Secrets Privilege, Amanda Frost
Reforming The State Secrets Privilege, Amanda Frost
Newsletters & Other Publications
Since September 11, 2001, President George W. Bush’s Administration has repeatedly asserted the state secrets privilege as grounds for the dismissal of civil cases challenging the legality of its conduct in the war on terror. Specifically, the Administration has sought dismissal of all cases challenging two different government practices: (1) its use of “extraordinary rendition,” under which the Executive removes suspected terrorists to foreign countries for interrogation; and (2) the National Security Agency’s (NSA’s) warrantless wiretapping of electronic communications. The government argues that the plaintiffs’ claims in these cases can neither be proven nor defended against without disclosure of information …
Publishing Raymond Carver's "Original" Stories As "Fair Use", Matthew J. Weldon
Publishing Raymond Carver's "Original" Stories As "Fair Use", Matthew J. Weldon
Cardozo Public Law, Policy & Ethics Journal
The note examines the legal and ethical implications of editorial influence on authorial rights, particularly in the context of Raymond Carver's works edited by Gordon Lish. It explores the tension between editorial collaboration and copyright law, highlighting the challenges of attributing contributions and protecting authorial intent. The analysis draws on U.S. copyright law, moral rights, and fair use doctrine to evaluate Tess Gallagher's efforts to publish Carver's original stories, raising broader questions about the role of editors and the limits of their creative input.
A Child Preaches As Conservatism Dies, Brandt Goldstein
A Child Preaches As Conservatism Dies, Brandt Goldstein
Other Publications
This article originally appeared on https://www.huffpost.com/entry/a-child-preaches-as-conse_b_173616
The Partially Prudential Doctrine Of Mootness, Matthew I. Hall
The Partially Prudential Doctrine Of Mootness, Matthew I. Hall
Scholarly Works
The conventional understanding of mootness doctrine is that it operates as a mandatory bar to federal court jurisdiction, derived from the "cases or controversies" clause of the United States Constitution, Article III. In two crucial respects, however, this Constitutional model - which was first adopted by the Supreme Court less than 45 years ago - fails to account for the manner in which courts actually address contentions of mootness. First, the commonly-applied exceptions to the mootness bar are not derived from the "cases or controversies" clause and cannot be reconciled with the Constitutional account of mootness. Second, courts regularly consider …
When Students Speak Away From School How Much Does The First Amendment Hear?, Leora Harpaz
When Students Speak Away From School How Much Does The First Amendment Hear?, Leora Harpaz
Faculty Scholarship
Controversies arising over the extent of the First Amendment speech rights of public school students while at school are resolved by an analysis of the familiar quartet of major decisions of the United States Supreme Court: Tinker, Fraser, Kuhlmeier, and Morse. While these decisions have not removed all uncertainty over the scope of student speech rights, they at least have divided these cases into distinct categories and identified the standard to be applied within each category. The wide range of judicial views on the issue of when student off-campus speech can be the basis of discipline by school authorities makes …
The Use And Abuse Of Foreign Law In Constitutional Interpretation, Ganesh Sitaraman
The Use And Abuse Of Foreign Law In Constitutional Interpretation, Ganesh Sitaraman
Vanderbilt Law School Faculty Publications
This article provides an exhaustive typology of the uses of foreign law in order to provide insight into whether foreign law can be appropriately used in constitutional interpretation, when it can be used, and what the stakes and parameters are in each case. In doing so, the article addresses two significant problems in the debate on foreign law. First, much of the commentary has focused on the justifications for using foreign law and the principled or practical arguments against using foreign law. But the focus on the why of foreign law has obscured the more basic question about the ways …
Emotional Common Sense As Constitutional Law, Terry A. Maroney
Emotional Common Sense As Constitutional Law, Terry A. Maroney
Vanderbilt Law School Faculty Publications
In Gonzales v. Carhart the Supreme Court invoked post-abortion regret to justify a ban on a particular abortion procedure. The Court was proudly folk-psychological, representing its observations about women's emotional experiences as "self-evident." That such observations could drive critical legal determinations was, apparently, even more self-evident, as it received no mention at all. Far from being sui generis, Carhart reflects a previously unidentified norm permeating constitutional jurisprudence: reliance on what this Article coins "emotional common sense." Emotional common sense is what one unreflectively thinks she knows about the emotions. A species of common sense, it seems obvious and universal to …
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
Faculty Publications
No abstract provided.
Presidential Unilateralism And Political Polarization: Why Today's Congress Lacks The Will And The Way To Stop Presidential Initiatives, Neal Devins
Faculty Publications
No abstract provided.
Supreme Neglect Of Text And History, William Michael Treanor
Supreme Neglect Of Text And History, William Michael Treanor
Michigan Law Review
Since his classic book Takings appeared in 1985, Richard Epstein's ideas have profoundly shaped debate about the Fifth Amendment's Takings Clause to a degree that no other scholar can even begin to approach. His broad, original, and stunningly ambitious reading of the clause has powerfully influenced thinking in academia, in the judiciary, and in the political arena. The firestorm of controvery that followed the Supreme Court's recent decision in Kelo - in which the Supreme Court upheld the constitutionality of a municipal urban renewal plan that displaced long-time homeowners and conveyed their land to developers - is in critical part …
Changing Language, Unchanging Standard: From 'Satisfied Conscience' To 'Moral Certainty' And 'Beyond Reasonable Doubt', Barbara Shapiro
Changing Language, Unchanging Standard: From 'Satisfied Conscience' To 'Moral Certainty' And 'Beyond Reasonable Doubt', Barbara Shapiro
Cardozo Journal of International and Comparative Law
The article explores the historical evolution of the "beyond reasonable doubt" standard in Anglo-American law, tracing its roots to earlier concepts such as "satisfied conscience" and "moral certainty." These ideas, influenced by Christian casuistry and Enlightenment thought, were integral to the development of legal evidence standards. The standard became a cornerstone of criminal jurisprudence, reflecting a shift from religious to secular language while maintaining a high threshold for conviction.
Toward A More Democratic Congress?, James E. Fleming
Toward A More Democratic Congress?, James E. Fleming
Faculty Scholarship
There is considerable talk of failure in the air these days - including constitutional failure, moral failure, political failure and institutional failure - and criticisms of Congress figure prominently in this discourse. First, I shall ask whether talk about Congress being "the broken branch," the topic of the first panel in this symposium, is talk of constitutional failure or failure of some other sort. Second, to link the topic of that panel to the topic of the panel in which I participated, I will ask whether some call Congress the broken branch because it is not adequately or appropriately democratic. …
The Constitution's Congress, Gary S. Lawson
The Constitution's Congress, Gary S. Lawson
Faculty Scholarship
In order to know whether Congress is (as the title of this panel wonders)1 "the broken branch,"'2 one needs a baseline describing how a normallyfunctioning Congress would look.3 Congress is a creation of the Constitution, and so the Constitution seems to be the obvious place to look for this baseline: what sort of people does the Constitution expect to serve in Congress and how does it expect those people to behave once they arrive?
March 31, 2009: Religion Can Be The Worst Secularism, Bruce Ledewitz
March 31, 2009: Religion Can Be The Worst Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Religion Can Be the Worst Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 28, 2009: The Dalai Lama And Secular Ethics, Bruce Ledewitz
March 28, 2009: The Dalai Lama And Secular Ethics, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Dalai Lama and Secular Ethics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 26, 2009: The Economic Failure Of Our Religions, Bruce Ledewitz
March 26, 2009: The Economic Failure Of Our Religions, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Economic Failure of Our Religions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Hillary: The Movie, Corporate Free Speech Or Campaign Finance Corruption?, Aaron Harmon
Hillary: The Movie, Corporate Free Speech Or Campaign Finance Corruption?, Aaron Harmon
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
New Family V. Minister Of Labor And Welfare, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia
New Family V. Minister Of Labor And Welfare, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia
Translated Opinions
Facts: The institution of intercountry adoption of children in Israel, i.e. the adoption in Israel of children from abroad, is regulated by the Adoption of Children (Amendment no. 2) Law, 5756-1996. By virtue of his authority under this Law, the Minister of Labor and Welfare has issued “Rules and Professional Guidelines for the Operation of a Recognized Non-Profit Organization”, rule 4(b)(1) of which states that a person wishing to adopt a child in the framework of an intercountry adoption will not be deemed eligible to do so if the age difference between himself and the child exceeds 48 years on …
March 23, 2009: Another Reason To Be Secular, Bruce Ledewitz
March 23, 2009: Another Reason To Be Secular, Bruce Ledewitz
Hallowed Secularism
Blog post, “Another Reason to be Secular“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Lost In Space: Laurence Tribe's Invisible Constitution, Eric J. Segall
Lost In Space: Laurence Tribe's Invisible Constitution, Eric J. Segall
NULR Online
No abstract provided.
March 22, 2009: A Restatement Of The Establishment Clause, Bruce Ledewitz
March 22, 2009: A Restatement Of The Establishment Clause, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Restatement of the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 19, 2009: Hallowed Secularism—Hints And Portents, Bruce Ledewitz
March 19, 2009: Hallowed Secularism—Hints And Portents, Bruce Ledewitz
Hallowed Secularism
Blog post, “Hallowed Secularism—Hints and Portents“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Caperton V. Massey: The Due Process Implications Of Contributions To Judicial Campaigns, Wade Kolb Iii
Caperton V. Massey: The Due Process Implications Of Contributions To Judicial Campaigns, Wade Kolb Iii
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
March 16, 2009: Proposition 8 And The Threat Of, And To, Religious Liberty, Bruce Ledewitz
March 16, 2009: Proposition 8 And The Threat Of, And To, Religious Liberty, Bruce Ledewitz
Hallowed Secularism
Blog post, “Proposition 8 and the Threat of, and to, Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Snyder V. Louisiana: Demand For Judicial Scrutiny Of The Use Of Peremptory Challenges, Jennifer Ross
Snyder V. Louisiana: Demand For Judicial Scrutiny Of The Use Of Peremptory Challenges, Jennifer Ross
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
March 13, 2009: Stem Cell Research, Bruce Ledewitz
March 13, 2009: Stem Cell Research, Bruce Ledewitz
Hallowed Secularism
Blog post, “Stem Cell Research“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 9, 2009: Aris Survey Shows Need For Hallowed Secularism, Bruce Ledewitz
March 9, 2009: Aris Survey Shows Need For Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “ARIS Survey Shows Need for Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.