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Articles 211 - 240 of 745
Full-Text Articles in Constitutional Law
Once More Unto The Breach: American War Power And A Second Legislative Attempt To Ensure Congressional Input, Jonathan T. Menitove
Once More Unto The Breach: American War Power And A Second Legislative Attempt To Ensure Congressional Input, Jonathan T. Menitove
University of Michigan Journal of Law Reform
Once again embroiled in an unpopular overseas armed conflict, the United States faces difficult questions concerning the constitutional use of military force. Records from the Constitutional Convention suggest the Framers intended to lodge America's power to go to war with the Congress. While American presidents' early use of military force displays deference to the legislature, more recent military actions illustrate the executive's dominance in making war. Notwithstanding a few early court decisions in Congress 's favor, the judiciary has been unhelpful in restoring the constitutional Framers' vision for the administration of the war power Congress, therefore, has been forced to …
Family Values, Courts, And Culture War: The Case Of Abstinence-Only Sex Education, John E. Taylor
Family Values, Courts, And Culture War: The Case Of Abstinence-Only Sex Education, John E. Taylor
William & Mary Bill of Rights Journal
No abstract provided.
Arrested Development: Arizona V. Gant And Article I, Section 7 Of The Washington State Constitution, Jacob R. Brown
Arrested Development: Arizona V. Gant And Article I, Section 7 Of The Washington State Constitution, Jacob R. Brown
Washington Law Review
In Arizona v. Gant, the United States Supreme Court held that the search of a vehicle incident to arrest is permissible in only two situations: (1) when the arrestee is unsecured and within reaching distance of the passenger compartment; or (2) when it is reasonable to believe that evidence relevant to the crime of arrest may be found in the vehicle. Because Gant expressed a standard more protective than that established by the Washington State Supreme Court, Gant induced a state of confusion in Washington, where it has long been maintained that article I, section 7 of the Washington …
God Of Our Fathers, Gods For Ourselves: Fundamentalism And Postmodern Belief, Frederick Mark Gedicks
God Of Our Fathers, Gods For Ourselves: Fundamentalism And Postmodern Belief, Frederick Mark Gedicks
William & Mary Bill of Rights Journal
No abstract provided.
Fundamentalist Challenges To Core Democratic Values: Exit And Homeschooling, Catherine J. Ross
Fundamentalist Challenges To Core Democratic Values: Exit And Homeschooling, Catherine J. Ross
William & Mary Bill of Rights Journal
No abstract provided.
No Ambiguity Left Behind: A Discussion Of The Clear Statement Rule And The Unfunded Mandates Clause Of No Child Left Behind, Andrew G. Caffrey
No Ambiguity Left Behind: A Discussion Of The Clear Statement Rule And The Unfunded Mandates Clause Of No Child Left Behind, Andrew G. Caffrey
William & Mary Bill of Rights Journal
No abstract provided.
The "Licentiousness" In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton
The "Licentiousness" In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton
William & Mary Bill of Rights Journal
No abstract provided.
The “New” Presumption Against Preemption, Mary J. Davis
The “New” Presumption Against Preemption, Mary J. Davis
Law Faculty Scholarly Articles
Is there or isn't there a “presumption against preemption”? The Supreme Court continues to mention it, but then does, or does not, apply it in a way that helps us understand what it is. This Article explores the Court's preemption opinions in the last several decades, particularly its most recent pronouncements, and concludes that, indeed, there is a presumption against preemption. It is a "new" presumption in the sense that it is born of the Court's active preemption docket in the last two decades, which has more narrowly defined both express and implied preemption analysis. The "new" presumption is stronger …
The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins
The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins
University of Richmond Law Review
In this essay, I contend that when evaluating the constitutionality of enhanced surveillance devices, the existing test for assessing the occurrence of a Fourth Amendment search should be modified. Specifically, I suggest that intrusiveness should be unambiguously adopted by the Court as the benchmark for assessing and defining the existence of a search under the Fourth Amendment. Moreover, intrusiveness should be clearly defined to require an examination of two factors: the functionality of a challenged form of surveillance and the potential for disclosure created by the device.
Did The Madisonian Compromise Survive Detention At Guantanamo?, Lumen N. Mulligan
Did The Madisonian Compromise Survive Detention At Guantanamo?, Lumen N. Mulligan
Faculty Works
In this essay, I take up the Court’s less heralded second holding in Boumediene v. Bush - that a federal habeas court must have the institutional capacity to find facts, which in Boumediene itself meant that a federal district court must be available to the petitioners. Although this has gone largely unnoticed, I contend that this holding is inconsistent with the Madisonian Compromise - the standard view that the Constitution does not require jurisdiction in any federal court, except the Supreme Court. In fact, it appears that the Court adopted Justice Story’s position that the Constitution requires vesting of jurisdiction …
Is It Admissible?: Tips For Criminal Defense Attorneys On Assessing The Admissibility Of A Criminal Defendant's Statements, Part Two, John H. Blume, Emily C. Paavola
Is It Admissible?: Tips For Criminal Defense Attorneys On Assessing The Admissibility Of A Criminal Defendant's Statements, Part Two, John H. Blume, Emily C. Paavola
Cornell Law Faculty Publications
Part One of this article addressed the Fifth Amendment issues to be considered when analyzing the admissibility of a criminal defendant's out-of-court statements. Part Two discusses the Sixth Amendment, the 14th Amendment's Due Process Clause and impeachment issues.
Blowing Its Cover: How The Intelligence Identities Protection Act Has Masqueraded As An Effective Law And Why It Must Be Amended, Andrew M. Szilagyi
Blowing Its Cover: How The Intelligence Identities Protection Act Has Masqueraded As An Effective Law And Why It Must Be Amended, Andrew M. Szilagyi
William & Mary Law Review
No abstract provided.
Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton
Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton
William & Mary Bill of Rights Journal
No abstract provided.
The “Licentiousness” In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton
The “Licentiousness” In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton
Articles
No abstract provided.
April 27, 2010: “Young Adults Less Devoted To Faith”, Bruce Ledewitz
April 27, 2010: “Young Adults Less Devoted To Faith”, Bruce Ledewitz
Hallowed Secularism
Blog post, “ “Young Adults Less Devoted to Faith”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 25, 2010: National Day Of Prayer Constitutional, Bruce Ledewitz
April 25, 2010: National Day Of Prayer Constitutional, Bruce Ledewitz
Hallowed Secularism
Blog post, “National Day of Prayer Constitutional“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 23, 2010: Happy Earth Day, One Day Late, Bruce Ledewitz
April 23, 2010: Happy Earth Day, One Day Late, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Earth Day, One Day Late“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 19, 2010: How Religions Are Hijacked, Bruce Ledewitz
April 19, 2010: How Religions Are Hijacked, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Religions are Hijacked“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 15, 2010: Why William Connolly “Is Not A Secularist”, Bruce Ledewitz
April 15, 2010: Why William Connolly “Is Not A Secularist”, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why William Connolly “is not a secularist”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Constitutional Caution, Bruce Ledewitz
Constitutional Caution, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
April 12, 2010: Martin Buber On Jesus, Bruce Ledewitz
April 12, 2010: Martin Buber On Jesus, Bruce Ledewitz
Hallowed Secularism
Blog post, “Martin Buber on Jesus“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 10, 2010: So, What Is Wrong With Liberal Religion?, Bruce Ledewitz
April 10, 2010: So, What Is Wrong With Liberal Religion?, Bruce Ledewitz
Hallowed Secularism
Blog post, “So, What is Wrong with Liberal Religion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
They Did Authorize Torture, But..., David Cole
They Did Authorize Torture, But..., David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
April 7, 2010: Will Jon Meacham’S Religion Last?, Bruce Ledewitz
April 7, 2010: Will Jon Meacham’S Religion Last?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Will Jon Meacham’s religion last?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 5, 2010: Hallowed Secularism On Opening Day, Bruce Ledewitz
April 5, 2010: Hallowed Secularism On Opening Day, Bruce Ledewitz
Hallowed Secularism
Blog post, “Hallowed Secularism on Opening Day“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Intersection Of Constitutional Law And Civil Procedure: Review Of Wholesale Justice—Constitutional Democracy And The Problem Of The Class Action Lawsuit (Part Ii), Douglas G. Smith
NULR Online
In the first portion of this Essay, I reviewed Professor Martin Redish’s theory that the application of Federal Rule of Civil Procedure 23 in modern class action practice is unconstitutional. Professor Redish argues that modern class action procedures violate absent class members’ due process rights by sweeping large numbers of individual plaintiffs into litigation without their explicit consent. I then set forth Professor Redish’s proposals for reform, including increased scrutiny of class actions to weed out “faux” class actions that benefit lawyers but not class members, abandonment of the opt-out procedure under Rule 23 in favor of an opt-in procedure …
April 3, 2010: A Secular Easter?, Bruce Ledewitz
April 3, 2010: A Secular Easter?, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Secular Easter?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen
The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen
Faculty Publications and Presentations
The Bible plainly states that everyone must either "bring every thought into captivity to the obedience of Christ" or continue as "enemies in your mind." Un-Biblical thinking, like un-Bibical actions, leads one on a path away from God. Part II of this Article will briefly introduce a Biblical approach to thinking about contemporary issues and discuss how Christians can unwittingly abandon distinctively Biblical thinking under the guise of neutrality. Part III will present a number of cases that highlight the fallacy of neutrality in the battle between religious liberties and rights based on homosexual conduct. Part IV will contend that …
A Solution Looking For A Problem: Testimony Before The 2010 Maryland General Assembly On Senate Bill 570/House Bill 986: Campaign Materials – Stockholder Approval, Larry S. Gibson
Faculty Scholarship
The U.S. Supreme Court in Citizens United v Federal Elections Commission declared unconstitutional under the First Amendment right to freedom of speech federal statutory limitations on corporate political expenditures. Before Citizens United, Maryland was already among the 26 states that permitted corporations to make direct political contributions and to make independent political expenditures. Consequently, Citizens United did not change Maryland election law and practice. The Maryland General Assembly has steadfastly resisted efforts to change the Maryland approach. Over the past several years, the General Assembly has repeatedly rejected bills that would have banned political contributions by business entities. Many in …
Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala
Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.