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Articles 391 - 420 of 745
Full-Text Articles in Constitutional Law
A Fractured Establishment's Responses To Social Movement Agitation: The U.S. Supreme Court And The Negotiation Of An Outsider Point Of Entry In Walker V. City Of Birmingham, Carlo A. Pedrioli
Faculty Scholarship
In classical social movement theory, scholars have identified the advocates of change as elements of agitation and the establishment as the entity that responds in an attempt to control the agitators. This classical approach has assumed that the establishment is a generally monolithic entity that responds in a unified manner to the efforts of the advocates of change. While this approach may accurately characterize some rhetorical situations, it does not necessarily have to characterize all such situations. For example, one could describe the judiciary as a part of the establishment because judges are well-connected and powerful individuals who, in many …
The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?, Deborah L. Meyer
The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?, Deborah L. Meyer
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Exclusionary Rule Applied To Coerced Statements From Nondefendants, 43 J. Marshall L. Rev. 795 (2010), Victoria D. Noel
The Exclusionary Rule Applied To Coerced Statements From Nondefendants, 43 J. Marshall L. Rev. 795 (2010), Victoria D. Noel
UIC Law Review
No abstract provided.
Equal Access And The Right To Marry, Nelson Tebbe, Deborah A. Widiss
Equal Access And The Right To Marry, Nelson Tebbe, Deborah A. Widiss
Faculty Scholarship
No abstract provided.
The Irrepressible Myth Of Klein, Howard M. Wasserman
The Irrepressible Myth Of Klein, Howard M. Wasserman
Faculty Publications
The Reconstruction-era case of United States v. Klein remains the object of a “cult” among commentators and advocates, who see it as a powerful separation of powers precedent. In fact, Klein is a myth—actually two related myths. One is that it is opaque and meaninglessly indeterminate because, given its confusing and disjointed language, its precise doctrinal contours are indecipherable; the other is that Klein is vigorous precedent, likely to be used by a court to invalidate likely federal legislation. Close analysis of Klein, its progeny, and past scholarship uncovers three identifiable core limitations on congressional control over the workings of …
Foreword: Somebody’S Watching Me: Surveillance And Privacy In An Age Of National Insecurity, Robert N. Strassfeld, Cheryl Ough
Foreword: Somebody’S Watching Me: Surveillance And Privacy In An Age Of National Insecurity, Robert N. Strassfeld, Cheryl Ough
Faculty Publications
Forward to the Institute for Global Security Law and Policy at Case Western Reserve University symposium Somebody's Watching Me: Surveillance and Privacy in an Age of National Insecurity, Cleveland, OH, October 22-23, 2009
Rosy Pictures And Renegade Officials: The Slow Death Of Monroe V. Pape, 78 Umkc L. Rev. 889 (2010), Alan K. Chen
Rosy Pictures And Renegade Officials: The Slow Death Of Monroe V. Pape, 78 Umkc L. Rev. 889 (2010), Alan K. Chen
Sturm College of Law: Faculty Scholarship
The architecture of federal constitutional remedies involves a matrix of causes of action and affirmative theories of relief that facilitate protection of individual constitutional rights and the evolution of constitutional doctrine. At the same time, lawsuits by private parties to secure constitutional enforcement present a number of structural constitutional challenges that have motivated the Supreme Court to bar or substantially limit many important forms of constitutional remedies. In most cases when the Court does so, however, its decisions explicitly or implicitly leave room for alternative remedies that provide an escape hatch for the litigant whose attempt to enforce the Constitution …
Introduction Of Judicial Review In Italy-Transition From Decentralized To Centralized Review (1948-1956)-A Successful Transplant Case Study, Louis Del Duca
Introduction Of Judicial Review In Italy-Transition From Decentralized To Centralized Review (1948-1956)-A Successful Transplant Case Study, Louis Del Duca
Penn State International Law Review (1982 - 2011)
No abstract provided.
Secularism, The Veil And "Reasonable Interlocutors": Why France Is Not That Wrong, Guy Haarscher
Secularism, The Veil And "Reasonable Interlocutors": Why France Is Not That Wrong, Guy Haarscher
Penn State International Law Review (1982 - 2011)
No abstract provided.
Hybridization: A Study In Comparative Constitutional Law, John Mceldowney
Hybridization: A Study In Comparative Constitutional Law, John Mceldowney
Penn State International Law Review (1982 - 2011)
Viewing constitutional law from a global perspective informs us about trends and concurrences that might otherwise go unnoticed. The main focus for this paper is how a new European legal tradition is being forged from two of the most influential Western traditions, the common and civil law. The term hybridization is used to refer to this phenomenon whereby there is convergence between different legal systems. This does not necessarily alter national sovereignty or substitute one system over another. It cannot be measured by success or failure of one legal system over another. It is a common sharing that is best …
Poverty And Constitutional Rights, Monica Pinto
Poverty And Constitutional Rights, Monica Pinto
Penn State International Law Review (1982 - 2011)
No abstract provided.
Teaching Constitutional Law In Malaysia: The Universiti Kebangsaan Malaysia's Experience, Henk Botha
Teaching Constitutional Law In Malaysia: The Universiti Kebangsaan Malaysia's Experience, Henk Botha
Penn State International Law Review (1982 - 2011)
No abstract provided.
Unsafe Haven: Could Article 3 Of The U.N. Convention Against Torture Prevent The Extradition Of Terrorist Suspects To U.S. Custody, Faridah Jalil, Che Norlia Mustafa
Unsafe Haven: Could Article 3 Of The U.N. Convention Against Torture Prevent The Extradition Of Terrorist Suspects To U.S. Custody, Faridah Jalil, Che Norlia Mustafa
Penn State International Law Review (1982 - 2011)
No abstract provided.
Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled , Ross M. Oklewicz
American University Law Review
No abstract provided.
A Fraudulent Sense Of Belonging: The Case For Removing The 'False Claim To Citizenship' Bar For Noncitizen Voting, Anne Parsons
A Fraudulent Sense Of Belonging: The Case For Removing The 'False Claim To Citizenship' Bar For Noncitizen Voting, Anne Parsons
The Modern American
No abstract provided.
Insecure Communities: How Increased Localization Of Immigration Enforcement Under President Obama Through The Secure Communities Program Makes Us Less Safe, And May Violate The Constitution, Rachel Zoghlin
The Modern American
No abstract provided.
Caster Semenya And The Myth Of A Level Playing Field, Erin E. Buzuvis
Caster Semenya And The Myth Of A Level Playing Field, Erin E. Buzuvis
The Modern American
No abstract provided.
A Price Tag On Constitutional Rights: Georgia V. Weis And Indigent Right To Continued Counsel, Kathryn Bosse
A Price Tag On Constitutional Rights: Georgia V. Weis And Indigent Right To Continued Counsel, Kathryn Bosse
The Modern American
No abstract provided.
Book Interview: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Richael Faithful
Book Interview: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Richael Faithful
The Modern American
No abstract provided.
Personal Essay: My Ordeal Of Regaining Voting Rights In Virginia, Frank Anderson
Personal Essay: My Ordeal Of Regaining Voting Rights In Virginia, Frank Anderson
The Modern American
No abstract provided.
Conference Highlight: Fifteenth Annual Lat.Crit. Conference, Alex Bernshteyn
Conference Highlight: Fifteenth Annual Lat.Crit. Conference, Alex Bernshteyn
The Modern American
No abstract provided.
Doninger's Wedge: Has Avery Doninger Bridged The Way For Internet Versions Of Matthew Fraser?, 43 J. Marshall L. Rev. 439 (2010), Adam Dauksas
UIC Law Review
No abstract provided.
Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton
Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton
UIC Law Review
No abstract provided.
The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams
UIC Law Review
No abstract provided.
Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl
UIC Law Review
No abstract provided.
Everyone Knows Medellin; Has Anyone Heard Of O'Brien? Reconciling The United States And The International Community By Amending The Vccr, 43 J. Marshall L. Rev. 817 (2010), Steven M. Novak
UIC Law Review
No abstract provided.
Shari'ah And Choice: What The United States Should Learn From Islamic Law About The Role Of Victims' Families In Death Penalty Cases, 44 J. Marshall L. Rev. 1 (2010), Susan C. Hascall
UIC Law Review
No abstract provided.
The Hobbs Act Through The Rivera-Rivera Looking Glass: A Mere Intrusion Upon Basic Fundamental Federalism Principles?, 44 J. Marshall L. Rev. 237 (2010), Patrick Goodwin
The Hobbs Act Through The Rivera-Rivera Looking Glass: A Mere Intrusion Upon Basic Fundamental Federalism Principles?, 44 J. Marshall L. Rev. 237 (2010), Patrick Goodwin
UIC Law Review
No abstract provided.
Rethinking Consent In A Big Love Way, Cheryl Hanna
Rethinking Consent In A Big Love Way, Cheryl Hanna
Michigan Journal of Gender & Law
This Article is based on a presentation at the Michigan Journal of Gender and Law as part of their symposium "Rhetoric & Relevance: An Investigation into the Present & Future of Feminist Legal Theory." In it, I explore the problem of categorical exclusions to the consent doctrine in private intimate relationships through the lens of the HBO series Big Love, which is about modern polygamy. There remains the normative question both after Lawrence v. Texas and in feminist legal theory of under what circumstances individuals should be able to consent to activity that takes place within the context of a …
Of Visible Race-Consciousness And Institutional Role: Equal Protection And Disparate Impact After Ricci And Inclusive Communities, Richard A. Primus
Of Visible Race-Consciousness And Institutional Role: Equal Protection And Disparate Impact After Ricci And Inclusive Communities, Richard A. Primus
Book Chapters
Six years ago, Ricci v. DeStefano foregrounded the possibility that statutory disparate-impact standards like the one in Title VIl might be on a collision course with the Fourteenth Amendment's Equal Protection Clause. For many observers, it was a radically new possibility. Until that point, disparate-impact doctrine had usually been understood as an ally of equal protection rather than as a potentially conflicting aspect of the law. But between the 1970s and the beginning of the present century, equal protection doctrine became more individualistic and less tolerant of race-conscious actions intended to redress inherited racial hierarchies. Those developments put equal protection …