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2012

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Institution
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Articles 211 - 240 of 963

Full-Text Articles in Constitutional Law

September 16, 2012: A Philosopher Defends Religion, Bruce Ledewitz Sep 2012

September 16, 2012: A Philosopher Defends Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Philosopher Defends Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Senate Judiciary Committee Hearing On “The Citizens United Court And The Continuing Importance Of The Voting Rights Act”, Anthony Johnstone Sep 2012

Senate Judiciary Committee Hearing On “The Citizens United Court And The Continuing Importance Of The Voting Rights Act”, Anthony Johnstone

Faculty Journal Articles & Other Writings

My testimony today concerns the role of the Supreme Court in reviewing the constitutionality of “laws of democracy,” including campaign finance regulation, election administration, and voting rights enforcement. I will compare the different approaches the Court has taken toward two controversies, corporate campaign spending and voter identification laws, and attempt to draw some lessons from the comparison for the Court’s pending review of the Voting Rights Act.


September 11, 2012: Technology Is Inefficient, Bruce Ledewitz Sep 2012

September 11, 2012: Technology Is Inefficient, Bruce Ledewitz

Hallowed Secularism

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


The Fourth Amendment And The Stored Communications Act: Why The Warrantless Gathering Of Historical Cell Site Location Information Poses No Threat To Privacy , Kyle Malone Sep 2012

The Fourth Amendment And The Stored Communications Act: Why The Warrantless Gathering Of Historical Cell Site Location Information Poses No Threat To Privacy , Kyle Malone

Pepperdine Law Review

No abstract provided.


September 6, 2012: Beating The Drums For War With Iran, Bruce Ledewitz Sep 2012

September 6, 2012: Beating The Drums For War With Iran, Bruce Ledewitz

Hallowed Secularism

Blog post, “Beating the Drums for War with Iran“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


September 4, 2012: Hallowed Secularism Book Talk, Bruce Ledewitz Sep 2012

September 4, 2012: Hallowed Secularism Book Talk, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hallowed Secularism Book Talk“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Regulation Of Private Police, Stephen Rushin Sep 2012

The Regulation Of Private Police, Stephen Rushin

West Virginia Law Review

Private police assume many of the same roles as traditional law enforcement. But courts and legislatures regulate public and private police very differently. This Article evaluates the statutory and judicial regulation of private police. By collecting and coding all state statutes related to the regulation of private police, I theorize on the inadequacies of the current regulatory scheme. I show that most state statutes only regulate a certain category of private police officers, leaving a substantial portion of the private policing industry virtually unregulated. Many state regulations of private police misunderstand, and thus inadequately protect against the threat posed by …


Cascading Constitutional Deprivation: The Right To Appointed Counsel For Mandatorily Detained Immigrants Pending Removal Proceedings, Mark Noferi Sep 2012

Cascading Constitutional Deprivation: The Right To Appointed Counsel For Mandatorily Detained Immigrants Pending Removal Proceedings, Mark Noferi

Michigan Journal of Race and Law

Today, an immigrant green card holder mandatorily detained pending his removal proceedings, without bail and without counsel, due to a minor crime committed perhaps long ago, faces a dire fate. If he contests his case, he may remain incarcerated in substandard conditions for months or years. While incarcerated, he will likely be unable to acquire a lawyer, access family who might assist him, obtain key evidence, or contact witnesses. In these circumstances, he will nearly inevitably lose his deportation case and be banished abroad from work, family, and friends. The immigrant's one chance to escape these cascading events is the …


To Plea Or Not To Plea: Retroactive Availability Of Padilla V. Kentucky To Noncitizen Defendants On State Postconviction Review, Jaclyn Kelley Sep 2012

To Plea Or Not To Plea: Retroactive Availability Of Padilla V. Kentucky To Noncitizen Defendants On State Postconviction Review, Jaclyn Kelley

Michigan Journal of Race and Law

The United States incarcerates hundreds of thousands of noncitizen criminal defendants each year. In 2010, there were about 55,000 "criminal aliens" in federal prisons, accounting for approximately 25 percent of all federal prisoners. In 2009, there were about 296,000 noncitizens in state and local jails. Like Jose, these defendants usually do not know that their convictions may make them automatically deportable under the INA. Under the Supreme Court's recent ruling in Padilla v. Kentucky, criminal defense attorneys have an affirmative duty to give specific, accurate advice to noncitizen clients regarding the deportation risk of potential pleas. This rule helps assure …


A Horse Of A Different Color: Distinguishing The Judiciary From The Political Branches In Campaign Financing, Anthony J. Delligatti Sep 2012

A Horse Of A Different Color: Distinguishing The Judiciary From The Political Branches In Campaign Financing, Anthony J. Delligatti

West Virginia Law Review

No abstract provided.


A Bakerian Response To Weinstein's Free Speech Theory, Anne Marie Lofaso Sep 2012

A Bakerian Response To Weinstein's Free Speech Theory, Anne Marie Lofaso

West Virginia Law Review

No abstract provided.


Limiting The Legislative Privilege: Analyzing The Scope Of The Speech Or Debate Clause, Kelly M. Mcguire Sep 2012

Limiting The Legislative Privilege: Analyzing The Scope Of The Speech Or Debate Clause, Kelly M. Mcguire

Washington and Lee Law Review

No abstract provided.


Meaning And Scope Of The Restrictions Imposed By The Mexican Constitution On Ministers Of Worship, Jorge Adame Goddard Sep 2012

Meaning And Scope Of The Restrictions Imposed By The Mexican Constitution On Ministers Of Worship, Jorge Adame Goddard

BYU Law Review

No abstract provided.


Hungary's New Constitution And Its New Law On Freedom Of Religion And Churches: The Return Of The Sovereign, Renáta Uitz Sep 2012

Hungary's New Constitution And Its New Law On Freedom Of Religion And Churches: The Return Of The Sovereign, Renáta Uitz

BYU Law Review

No abstract provided.


Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll Sep 2012

Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll

BYU Law Review

No abstract provided.


August 31, 2012: God Who?, Bruce Ledewitz Aug 2012

August 31, 2012: God Who?, Bruce Ledewitz

Hallowed Secularism

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


Analysis On The Control Function Of The Dewan Perwakilan Daerah (Regional Representatives Council) The Republic Of Indonesia, Fatmawati Fatmawati Aug 2012

Analysis On The Control Function Of The Dewan Perwakilan Daerah (Regional Representatives Council) The Republic Of Indonesia, Fatmawati Fatmawati

Indonesia Law Review

The Dewan Perwakilan Daerah (Regional Representatives Council - DPD) and the Dewan Perwakilan Rakyat (House of Representatives - DPR) are institutions which represent the people in the parliament of the Republic of Indonesia. However, these two institutions do not have equal powers, including the powers related to the control function. The DPD’s function related to control is provided for under Article 22D paragraph (3), Article 23E paragraph (2), andArticle 23F paragraph (1) ofthe ThirdAmendment to the 1945 Constitution of the Republic of Indonesia. The DPD can exercise control of the implementation of certain laws related to regional interests, the implementation …


Explaining Korematsu: A Response To Dean Chemerinsky , Robert J. Pushaw Jr. Aug 2012

Explaining Korematsu: A Response To Dean Chemerinsky , Robert J. Pushaw Jr.

Pepperdine Law Review

No abstract provided.


Korematsu V. United States: A Tragedy Hopefully Never To Be Repeated , Erwin Chemerinsky Aug 2012

Korematsu V. United States: A Tragedy Hopefully Never To Be Repeated , Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.


A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald Aug 2012

A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald

Pepperdine Law Review

A response to the article "Plessy v. Ferguson and the Anti-Canon," by Akhil Amar, published in the November 2011 issue of the "Pepperdine Law Review," is presented. Topics include an examination of Justice Henry Billings Brown's decision in the case, the constitutionality of segregating U.S. citizens by race, and the impact of public opinion on U.S. Supreme Court decisions.


Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar Aug 2012

Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar

Pepperdine Law Review

The article focuses on the U.S. Supreme Court case Plessy v. Ferguson, which dealt with the constitutionality of racial segregation in the U.S. Topics include the application of precedent in controversial U.S. Supreme Court cases, when the U.S. Constitution can overrule a court decision, and dissenting judicial opinions.


August 28, 2012: Davos, Bruce Ledewitz Aug 2012

August 28, 2012: Davos, Bruce Ledewitz

Hallowed Secularism

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


August 24, 2012: Abortion And Rape, Bruce Ledewitz Aug 2012

August 24, 2012: Abortion And Rape, Bruce Ledewitz

Hallowed Secularism

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


August 22, 2012: The Sacred Is The Profane, Bruce Ledewitz Aug 2012

August 22, 2012: The Sacred Is The Profane, Bruce Ledewitz

Hallowed Secularism

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


August 16, 2012: Experiments In Unbelief, Bruce Ledewitz Aug 2012

August 16, 2012: Experiments In Unbelief, Bruce Ledewitz

Hallowed Secularism

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


A Tort Statute, With Aliens And Pirates, Eugene Kontorovich Aug 2012

A Tort Statute, With Aliens And Pirates, Eugene Kontorovich

NULR Online

No abstract provided.


August 11, 2012: One Way Of Understanding Contributions To Philosophy, Bruce Ledewitz Aug 2012

August 11, 2012: One Way Of Understanding Contributions To Philosophy, Bruce Ledewitz

Hallowed Secularism

Blog post, “One Way of Understanding Contributions to Philosophy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer Aug 2012

Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer

Touro Law Review

No abstract provided.


August 8, 2012: The Response To David Niose, Bruce Ledewitz Aug 2012

August 8, 2012: The Response To David Niose, Bruce Ledewitz

Hallowed Secularism

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


The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano Aug 2012

The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano

Touro Law Review

No abstract provided.