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Constitutional Law Commons™

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2011

Discipline
Institution
Keyword
Publication
Publication Type

Articles 391 - 420 of 888

Full-Text Articles in Constitutional Law

States Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman Feb 2011

States Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman

Schmooze 'tickets'

No abstract provided.


Contract, Race, And Freedom Of Labor In The Constitutional Law Of "Involuntary Servitude", James G. Pope Feb 2011

Contract, Race, And Freedom Of Labor In The Constitutional Law Of "Involuntary Servitude", James G. Pope

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The Supreme Court has yet to adopt and apply a standard for assessing labor rights claims under the involuntary servitude clause. This article suggests that one may be found in the leading decision of Pollock v. Williams (1944), which contains the Court’s most thorough discussion of the interpretive issues. Under Pollock, a claimed right should be protected if it is necessary to provide workers with the “power below” and employers the “incentive above” to prevent “a harsh overlordship or unwholesome conditions of work.” Although this is not the only conceivable standard, it does fit well with the text, history, and …


The Enduring Legacy Of The Thirteenth Amendment, Robert J. Kaczorowski Feb 2011

The Enduring Legacy Of The Thirteenth Amendment, Robert J. Kaczorowski

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No abstract provided.


James Ashley And The Thirteenth Amendment, Rebecca E. Zietlow Feb 2011

James Ashley And The Thirteenth Amendment, Rebecca E. Zietlow

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No abstract provided.


A Grievance Based Interpretation Of The Thirteenth Amendment, Lea Vandervelde Feb 2011

A Grievance Based Interpretation Of The Thirteenth Amendment, Lea Vandervelde

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No abstract provided.


The Reconstruction Power, Jack M. Balkin Feb 2011

The Reconstruction Power, Jack M. Balkin

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No abstract provided.


Slavery And The Phenomenology Of Torture, Sanford Levinson Feb 2011

Slavery And The Phenomenology Of Torture, Sanford Levinson

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No abstract provided.


Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict Feb 2011

Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict

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No abstract provided.


February 26, 2011: The Power Of The President Not To Defend The Law, Bruce Ledewitz Feb 2011

February 26, 2011: The Power Of The President Not To Defend The Law, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Power of the President Not to Defend the Law“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 25, 2011: Is Unitarian Universalism The Answer?, Bruce Ledewitz Feb 2011

February 25, 2011: Is Unitarian Universalism The Answer?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Unitarian Universalism the Answer?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


A Father’S Presence: Flores-Villar V. United States And Equal Protection, Jeffrey Hochstetler Feb 2011

A Father’S Presence: Flores-Villar V. United States And Equal Protection, Jeffrey Hochstetler

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


February 20, 2011: What Is Behind The Republican Assault On Public Sector Unions?, Bruce Ledewitz Feb 2011

February 20, 2011: What Is Behind The Republican Assault On Public Sector Unions?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is Behind the Republican Assault on Public Sector Unions?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Scribble Scrabble, The Second Amendment, And Historical Guideposts: A Short Reply To Lawrence Rosenthal And Joyce Lee Malcolm, Patrick J. Charles Feb 2011

Scribble Scrabble, The Second Amendment, And Historical Guideposts: A Short Reply To Lawrence Rosenthal And Joyce Lee Malcolm, Patrick J. Charles

NULR Online

In a recent article Professors Lawrence Rosenthal and Joyce Lee Malcolm provided an intriguing debate over the standard of scrutiny that should be applied to restrictions on the Second Amendment in the wake of McDonald v. City of Chicago. This Article sets forth to illuminate two aspects of that debate. The first is Professor Rosenthal’s concern on the constitutionality of open-carry or conceal-carry prohibitions. He inaccurately claims that the founders left insufficient historical evidence to support such prohibitions. Thus this Article addresses those concerns through the use of “historical guideposts.” The second aspect this Article sets forth to address …


February 17, 2011: Shari’Ah And Constitutionalism, Bruce Ledewitz Feb 2011

February 17, 2011: Shari’Ah And Constitutionalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Shari’ah and Constitutionalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Lacking Swiss Precision: The First-Sale Doctrine In Costco V. Omega, Justin Yedor Feb 2011

Lacking Swiss Precision: The First-Sale Doctrine In Costco V. Omega, Justin Yedor

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


February 13, 2011: Happy Darwin Day, Bruce Ledewitz Feb 2011

February 13, 2011: Happy Darwin Day, Bruce Ledewitz

Hallowed Secularism

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


So How Did We Get Into This Mess? Observations On The Legitimacy Of Citizens United, Alexander Polikoff Feb 2011

So How Did We Get Into This Mess? Observations On The Legitimacy Of Citizens United, Alexander Polikoff

NULR Online

How did the American body politic allow business corporations to threaten members of Congress by saying, credibly, “Do what we want or we’ll bury you!”?

On January 21, 2010, the Supreme Court’s 5-4 decision in Citizens United v. Federal Election Commission interpreted the U.S. Constitution’s First Amendment to permit corporations to spend unlimited amounts of money to support or oppose their chosen candidates. "[A] lobbyist," said the front page of the next day’s New York Times, "can now tell any elected official that [if you vote wrong,] my company, labor union or interest group will spend unlimited sums explicitly …


February 9, 2011: What Does It Mean To Ban State Courts Use Of Sharia Or Other Foreign Law?, Bruce Ledewitz Feb 2011

February 9, 2011: What Does It Mean To Ban State Courts Use Of Sharia Or Other Foreign Law?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Does it Mean to Ban State Courts Use of Sharia or Other Foreign Law?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 5, 2011: What Is The Relationship Among Democracy, Religion, Science And Capitalism?, Bruce Ledewitz Feb 2011

February 5, 2011: What Is The Relationship Among Democracy, Religion, Science And Capitalism?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is the Relationship Among Democracy, Religion, Science and Capitalism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Comment On The Paper By Gladys Acosta, Martin D. Farrell Feb 2011

Comment On The Paper By Gladys Acosta, Martin D. Farrell

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Parental Rights And The Best Interests Of The Child: Implications Of The Adoption And Safe Families Act Of 1997 On Domestic Violence Victims' Rights, Rachel Venier Feb 2011

Parental Rights And The Best Interests Of The Child: Implications Of The Adoption And Safe Families Act Of 1997 On Domestic Violence Victims' Rights, Rachel Venier

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The More Things Change, The More They Stay The Same: Schwarzenegger V. Entertainment Merchants Association, Beatrice M. Hahn Feb 2011

The More Things Change, The More They Stay The Same: Schwarzenegger V. Entertainment Merchants Association, Beatrice M. Hahn

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


February 2, 2011: How Is Religion Special?, Bruce Ledewitz Feb 2011

February 2, 2011: How Is Religion Special?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How is Religion Special?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Bruesewitz V. Wyeth: The “Unavoidable” Vaccine Problem, Sara Wexler Feb 2011

Bruesewitz V. Wyeth: The “Unavoidable” Vaccine Problem, Sara Wexler

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck Feb 2011

Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Breaking Up Is Hard To Do: Comments On Martha Fineman's Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, , Suzanna Danuta Walters Feb 2011

Breaking Up Is Hard To Do: Comments On Martha Fineman's Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, , Suzanna Danuta Walters

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff Feb 2011

Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Bursting The Foundational Myths Of Reproductive Labor Under Capitalism: A Call For Brave New Families Or Brave New Villages? , Mary Romero Feb 2011

Bursting The Foundational Myths Of Reproductive Labor Under Capitalism: A Call For Brave New Families Or Brave New Villages? , Mary Romero

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Caretakers, Entitlement, And Diversity , Twila L. Perry Feb 2011

Caretakers, Entitlement, And Diversity , Twila L. Perry

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Illinois V. Wardlow Feb 2011

Illinois V. Wardlow

American University Journal of Gender, Social Policy & the Law

No abstract provided.