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2009

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Articles 391 - 420 of 795

Full-Text Articles in Constitutional Law

February 2, 2009: Steelers Holiday, Bruce Ledewitz Feb 2009

February 2, 2009: Steelers Holiday, Bruce Ledewitz

Hallowed Secularism

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


Boumediene V. Bush: Another Chapter In The Court’S Jurisprudence On Civil Liberties At Guantanamo Bay, Amanda Mcrae Feb 2009

Boumediene V. Bush: Another Chapter In The Court’S Jurisprudence On Civil Liberties At Guantanamo Bay, Amanda Mcrae

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Wyeth V. Levine: Examining The Doctrine Of Implied Preemption In State-Law Tort Claims, Allison Kostecka Feb 2009

Wyeth V. Levine: Examining The Doctrine Of Implied Preemption In State-Law Tort Claims, Allison Kostecka

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Fade To Black: The Formalization Of Jackson's Youngstown Taxonomy By Hamdan And Medellin, Michael J. Turner Feb 2009

Fade To Black: The Formalization Of Jackson's Youngstown Taxonomy By Hamdan And Medellin, Michael J. Turner

American University Law Review

This Comment argues that the Court’s holding in Medellin modifies Jackson’s tripartite taxonomy by effectively eliminating the “zone of twilight.” By requiring a “systematic, unbroken, executive practice, long pursued to the knowledge of the Congress and never before questioned,” the Court is essentially extending the first category—executive action with the express or implied authorization of Congress—to cover the middle “zone of twilight,” at odds with the very purpose of the zone. Additionally, the Comment argues that Hamdan establishes Congress’s “disabling” power in the third category, which, combined with Medellin’s interpretation, crates a new standard for Jackson’s taxonomy, one moor similar …


Searching Cell Phones Incident To Arrest: Can Courts And Legislatures Impose Limits On A Bright Line Rule?, Adam M. Gershowitz Feb 2009

Searching Cell Phones Incident To Arrest: Can Courts And Legislatures Impose Limits On A Bright Line Rule?, Adam M. Gershowitz

Faculty Publications

No abstract provided.


January 31, 2009: Einstein And Darwin, Bruce Ledewitz Jan 2009

January 31, 2009: Einstein And Darwin, Bruce Ledewitz

Hallowed Secularism

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


Choose The Best Answer: Organizing Climate Change Negotiation In The Obama Administration, Jonathan Zasloff Jan 2009

Choose The Best Answer: Organizing Climate Change Negotiation In The Obama Administration, Jonathan Zasloff

NULR Online

No abstract provided.


January 25, 2009: 10 Questions For The Author, Bruce Ledewitz Jan 2009

January 25, 2009: 10 Questions For The Author, Bruce Ledewitz

Hallowed Secularism

Blog post, “10 Questions for the Author“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 22, 2009: Rick Warren's Prayer, Bruce Ledewitz Jan 2009

January 22, 2009: Rick Warren's Prayer, Bruce Ledewitz

Hallowed Secularism

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


Student Comprehension Of Privacy Issues In Sns, Collaborative Project Jan 2009

Student Comprehension Of Privacy Issues In Sns, Collaborative Project

Dyson College- Seidenberg School of CSIS : Collaborative Projects and Presentations

This entry adheres to the use of the quad chart template to provide for a succint description only of the current research project undertaken by the participants. It provides for the following information:

1. Participant/s
2. Overall project goals
3. Illustrative picture/s
4.Specific research/artistic/pedagogic foci


January 20, 2009: Inauguration Day, Bruce Ledewitz Jan 2009

January 20, 2009: Inauguration Day, Bruce Ledewitz

Hallowed Secularism

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


January 19, 2009: Steelers Win Again, Bruce Ledewitz Jan 2009

January 19, 2009: Steelers Win Again, Bruce Ledewitz

Hallowed Secularism

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


'Neutral Principles': Herbert Wechsler, Legal Process, And Civil Rights, 1934-1964, Anders Walker Jan 2009

'Neutral Principles': Herbert Wechsler, Legal Process, And Civil Rights, 1934-1964, Anders Walker

All Faculty Scholarship

This paper recovers Columbia Law Professor Herbert Wechsler's constitutional involvement in the long civil rights movement. Derided for criticizing Brown v. Board of Education in 1959, Wechsler first became involved in civil rights litigation in the 1930s, continued to be interested in civil rights issues in the 1940s, and argued one of the most important civil rights cases to come before the Supreme Court in the 1960s. His critique of Brown, this article maintains, derived not from a disinterest in the black struggle but from a larger conviction that racial reform should be process rather than rights-based. By recovering Wechsler's …


January 17, 2009: The Tony Blair Faith Foundation, Bruce Ledewitz Jan 2009

January 17, 2009: The Tony Blair Faith Foundation, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Tony Blair Faith Foundation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 15, 2009: The Problem With Today's Church-State Jurisprudence, Bruce Ledewitz Jan 2009

January 15, 2009: The Problem With Today's Church-State Jurisprudence, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Problem with Today's Church-State Jurisprudence“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Harbison V. Bell, Sarah Rutledge Jan 2009

Harbison V. Bell, Sarah Rutledge

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


January 12, 2009: The End Of Market Economics, Bruce Ledewitz Jan 2009

January 12, 2009: The End Of Market Economics, Bruce Ledewitz

Hallowed Secularism

Blog post, “The End of Market Economics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 11, 2009: Steelers Win, Bruce Ledewitz Jan 2009

January 11, 2009: Steelers Win, Bruce Ledewitz

Hallowed Secularism

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


January 9, 2009: So Help Me God?, Bruce Ledewitz Jan 2009

January 9, 2009: So Help Me God?, Bruce Ledewitz

Hallowed Secularism

Blog post, “So Help Me God?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Problems Of Self-Execution: Medellin V. Texas, Taryn Marks Jan 2009

The Problems Of Self-Execution: Medellin V. Texas, Taryn Marks

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


January 7, 2009: Signs Of The Struggle Over Secularism In Borders Bookstore, Bruce Ledewitz Jan 2009

January 7, 2009: Signs Of The Struggle Over Secularism In Borders Bookstore, Bruce Ledewitz

Hallowed Secularism

Blog post, “Signs of the Struggle Over Secularism in Borders Bookstore“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Louisiana V. Kennedy, Caroline Stevenson Jan 2009

Louisiana V. Kennedy, Caroline Stevenson

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


January 5, 2009: Kentucky Legislator Tom Riner And The Wall Of Separation, Bruce Ledewitz Jan 2009

January 5, 2009: Kentucky Legislator Tom Riner And The Wall Of Separation, Bruce Ledewitz

Hallowed Secularism

Blog post, “Kentucky Legislator Tom Riner 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.


Terminating Presidential Recess Appointments: A Reply To Professor Brian C. Kalt, Seth Barrett Tillman Jan 2009

Terminating Presidential Recess Appointments: A Reply To Professor Brian C. Kalt, Seth Barrett Tillman

NULR Online

No abstract provided.


Keeping Tillman Adjournments In Their Place: A Rejoinder To Seth Barrett Tillman, Brian C. Kalt Jan 2009

Keeping Tillman Adjournments In Their Place: A Rejoinder To Seth Barrett Tillman, Brian C. Kalt

NULR Online

No abstract provided.


Keeping Recess Appointments In Their Place, Brian C. Kalt Jan 2009

Keeping Recess Appointments In Their Place, Brian C. Kalt

NULR Online

No abstract provided.


Senate Termination Of Presidential Recess Appointments, Seth Barrett Tillman Jan 2009

Senate Termination Of Presidential Recess Appointments, Seth Barrett Tillman

NULR Online

No abstract provided.


January 3, 2009: The Fighting In Gaza, Bruce Ledewitz Jan 2009

January 3, 2009: The Fighting In Gaza, Bruce Ledewitz

Hallowed Secularism

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


Melendez-Diaz V. Massachusetts: Laboratory Testing And The Confrontation Clause, David Mansfield Jan 2009

Melendez-Diaz V. Massachusetts: Laboratory Testing And The Confrontation Clause, David Mansfield

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


The Supreme Court's New Public-Private Distinction Under The Dormant Commerce Clause: Avoiding The Traditional Versus Nontraditional Classification Trap, Bradford Mank Jan 2009

The Supreme Court's New Public-Private Distinction Under The Dormant Commerce Clause: Avoiding The Traditional Versus Nontraditional Classification Trap, Bradford Mank

Faculty Articles and Other Publications

In its 2007 decision United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority, the Supreme Court for the first time held that the ‘dormant’ Commerce Clause doctrine (DCCD) allows for a distinction between appropriate laws establishing local government monopolies that provide public services such as waste disposal as opposed to inappropriate laws favoring the self interest of in-state private businesses over out-of-state competition. In addition, the Court emphasized that courts should apply the DCCD more leniently in the area of waste disposal because it is a traditional local government function. In its 2008 decision Department of Revenue of Kentucky …