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Constitutional Law Commons

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2011

Discipline
Institution
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Publication
Publication Type

Articles 61 - 90 of 888

Full-Text Articles in Constitutional Law

A Critical Appraisal Of The Department Of Justice's New Approach To Medical Marijuana, Robert A. Mikos Nov 2011

A Critical Appraisal Of The Department Of Justice's New Approach To Medical Marijuana, Robert A. Mikos

Vanderbilt Law School Faculty Publications

The Obama Administration has embarked upon a much-heralded shift in federal policy toward medical marijuana. Eschewing the hard-ball tactics favored by earlier Administrations, Attorney General Eric Holder announced in October 2009 that the Department of Justice (DOJ) would stop enforcing the federal marijuana ban against persons who comply with state medical marijuana laws. Given the significance of the medical marijuana issue in both criminal law and federalism circles, this Article sets out to provide the first in-depth analysis of the changes wrought by the DOJ’s new Non Enforcement Policy (NEP). In a nutshell, it suggests that early enthusiasm for the …


Can A Password Stop Police From Searching Your Cell Phone Incident To Arrest?, Adam M. Gershowitz Nov 2011

Can A Password Stop Police From Searching Your Cell Phone Incident To Arrest?, Adam M. Gershowitz

Faculty Publications

No abstract provided.


Laws For Learning In An Age Of Acceleration, John O. Mcginnis Nov 2011

Laws For Learning In An Age Of Acceleration, John O. Mcginnis

William & Mary Law Review

No abstract provided.


Globalization And Structure, Julian Ku, John Yoo Nov 2011

Globalization And Structure, Julian Ku, John Yoo

William & Mary Law Review

No abstract provided.


Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe Oct 2011

Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe

Cornell Law Faculty Publications

This is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.


Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe Oct 2011

Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe

Faculty Scholarship

This is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.


October 29, 2011: Why Any Change In The Establishment Clause?, Bruce Ledewitz Oct 2011

October 29, 2011: Why Any Change In The Establishment Clause?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Any Change in the Establishment Clause?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


An Anthem For Ows?, Timothy Zick Oct 2011

An Anthem For Ows?, Timothy Zick

Popular Media

No abstract provided.


Ows, Discourse, And Narratives, Timothy Zick Oct 2011

Ows, Discourse, And Narratives, Timothy Zick

Popular Media

No abstract provided.


October 22, 2011: Standing On God/Pleading With God, Bruce Ledewitz Oct 2011

October 22, 2011: Standing On God/Pleading With God, Bruce Ledewitz

Hallowed Secularism

Blog post, “Standing on God/Pleading With God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Ows And The Constitution, Timothy Zick Oct 2011

Ows And The Constitution, Timothy Zick

Popular Media

No abstract provided.


Defining Instrumentalities Of Deadly Force, Tim Longo Oct 2011

Defining Instrumentalities Of Deadly Force, Tim Longo

Touro Law Review

No abstract provided.


Qualified Immunity: Further Developments In The Post-Pearson Era, Karen M. Blum Oct 2011

Qualified Immunity: Further Developments In The Post-Pearson Era, Karen M. Blum

Touro Law Review

No abstract provided.


Twombly And Iqbal: The Introduction Of A Heightened Pleading Standard, Shira A. Sheindlin Honorable Oct 2011

Twombly And Iqbal: The Introduction Of A Heightened Pleading Standard, Shira A. Sheindlin Honorable

Touro Law Review

No abstract provided.


Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable Oct 2011

Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable

Touro Law Review

No abstract provided.


Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering - October 2009 Term, Richard Klein Oct 2011

Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering - October 2009 Term, Richard Klein

Touro Law Review

No abstract provided.


Three Vital Issues: Incorporation Of The Second Amendment, Federal Government Power, And Separation Of Powers - October 2009 Term, Michael C. Dorf, Erwin Chemerinsky Oct 2011

Three Vital Issues: Incorporation Of The Second Amendment, Federal Government Power, And Separation Of Powers - October 2009 Term, Michael C. Dorf, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Attorney's Fees In Civil Rights Cases - October 2009 Term, Martin A. Schwartz Oct 2011

Attorney's Fees In Civil Rights Cases - October 2009 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.


Lawyering Decisions - October 2009 Term, Eileen Kaufman Oct 2011

Lawyering Decisions - October 2009 Term, Eileen Kaufman

Touro Law Review

No abstract provided.


First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael C. Dorf Oct 2011

First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael C. Dorf

Touro Law Review

No abstract provided.


October 19, 2011: The Religious Exemption, Bruce Ledewitz Oct 2011

October 19, 2011: The Religious Exemption, Bruce Ledewitz

Hallowed Secularism

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


Court Of Appeals Of New York: Wooley V. New York State Department Of Correctional Services, Joseph Leocata Oct 2011

Court Of Appeals Of New York: Wooley V. New York State Department Of Correctional Services, Joseph Leocata

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department: People V. Gibson, Kashima A. Loney Oct 2011

Appellate Division, Fourth Department: People V. Gibson, Kashima A. Loney

Touro Law Review

No abstract provided.


County Court Of New York, Sullivan County: People V. Robar, Andrew W. Koster Oct 2011

County Court Of New York, Sullivan County: People V. Robar, Andrew W. Koster

Touro Law Review

No abstract provided.


Court Of Appeals Of New York: People V. Williams, Gregory E. Wenz Oct 2011

Court Of Appeals Of New York: People V. Williams, Gregory E. Wenz

Touro Law Review

No abstract provided.


Niagara County Justice Court: People V. Harvey, Gregory E. Wenz Oct 2011

Niagara County Justice Court: People V. Harvey, Gregory E. Wenz

Touro Law Review

No abstract provided.


City Court Of New York, City Of Watertown: People V. Carreira, Michael J. Puma Oct 2011

City Court Of New York, City Of Watertown: People V. Carreira, Michael J. Puma

Touro Law Review

No abstract provided.


Appellate Division, First Department: People V. Montes, Lauren L. Morales Oct 2011

Appellate Division, First Department: People V. Montes, Lauren L. Morales

Touro Law Review

No abstract provided.


Court Of Appeals Of New York: People V. Wrotten, Katharine E. O'Dette Oct 2011

Court Of Appeals Of New York: People V. Wrotten, Katharine E. O'Dette

Touro Law Review

No abstract provided.


County Court Of New York, Westchester County: People V. Days, Kashima A. Loney Oct 2011

County Court Of New York, Westchester County: People V. Days, Kashima A. Loney

Touro Law Review

No abstract provided.