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Constitutional Law Commons™

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2012

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Institution
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Articles 391 - 420 of 963

Full-Text Articles in Constitutional Law

April 26, 2012: The Continuing Attack On/Engagement With Religion, Bruce Ledewitz Apr 2012

April 26, 2012: The Continuing Attack On/Engagement With Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Continuing Attack on/Engagement with Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


April 20, 2012: Back To The Bishops, Bruce Ledewitz Apr 2012

April 20, 2012: Back To The Bishops, Bruce Ledewitz

Hallowed Secularism

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


Forgotten Supreme Court Abortion Cases: Drs. Hawker & Hurwitz In The Dock & Defrocked, Roy Lucas Apr 2012

Forgotten Supreme Court Abortion Cases: Drs. Hawker & Hurwitz In The Dock & Defrocked, Roy Lucas

Pepperdine Law Review

No abstract provided.


Bartnicki V. Vopper: Another Media Victory Or Ominous Warning Of A Potential Change In Supreme Court First Amendment Jurisprudence?, Jennifer Nichole Hunt Apr 2012

Bartnicki V. Vopper: Another Media Victory Or Ominous Warning Of A Potential Change In Supreme Court First Amendment Jurisprudence?, Jennifer Nichole Hunt

Pepperdine Law Review

No abstract provided.


Land Use Moratoria And Temporary Takings Redefined After Lake Tahoe?, Laura Hurmence Mckaskle Apr 2012

Land Use Moratoria And Temporary Takings Redefined After Lake Tahoe?, Laura Hurmence Mckaskle

Pepperdine Law Review

No abstract provided.


Double-Clicking On Fourth Amendment Protection: Encryption Creates A Reasonable Expectation Of Privacy, Sean J. Edgett Apr 2012

Double-Clicking On Fourth Amendment Protection: Encryption Creates A Reasonable Expectation Of Privacy, Sean J. Edgett

Pepperdine Law Review

No abstract provided.


Fetal Pain Legislation: Is It Viable?, Teresa Stanton Collett Apr 2012

Fetal Pain Legislation: Is It Viable?, Teresa Stanton Collett

Pepperdine Law Review

Whether a human fetus experiences pain during an abortion has been the subject of heated debate within medical, legal, and political circles for over two decades. In the 1980's President Reagan's statement that "when the lives of the unborn are snuffed out [by abortion], they often feel pain, pain that is long and agonizing," and the release of a controversial film entitled "The Silent Scream" were merely two of the events that kept this issue in public view. Federal and state legislative efforts to enact "partial birth abortion bans" have reignited public debate over fetal pain." Three years ago, the …


"Indifferent [Towards] Indifference:" Post-Deshaney Accountability For Social Services Agencies When A Child Is Injured Or Killed Under Their Protective Watch, Carolina D. Watts Apr 2012

"Indifferent [Towards] Indifference:" Post-Deshaney Accountability For Social Services Agencies When A Child Is Injured Or Killed Under Their Protective Watch, Carolina D. Watts

Pepperdine Law Review

No abstract provided.


Prisoners And Procreation: What Happened Between Goodwin And Gerber?, Rachel Michael Kirkley Apr 2012

Prisoners And Procreation: What Happened Between Goodwin And Gerber?, Rachel Michael Kirkley

Pepperdine Law Review

No abstract provided.


The Rule Of Law For Judges, Thomas M. Reavley Apr 2012

The Rule Of Law For Judges, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.


Utah V. Evans: How Census 2000'S "Sampling In Disguise" Fooled The Supreme Court Into Allocating Utah's Seat In The U.S. House Of Representatives To North Carolina, Nathan T. Dwyer Apr 2012

Utah V. Evans: How Census 2000'S "Sampling In Disguise" Fooled The Supreme Court Into Allocating Utah's Seat In The U.S. House Of Representatives To North Carolina, Nathan T. Dwyer

Pepperdine Law Review

No abstract provided.


Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia, Lisa Odom Apr 2012

Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia, Lisa Odom

Pepperdine Law Review

No abstract provided.


The Fifth Amendment Right Against Self-Incrimination: An In-Depth Look At Mckune V. Lile, Heidi Feldman Apr 2012

The Fifth Amendment Right Against Self-Incrimination: An In-Depth Look At Mckune V. Lile, Heidi Feldman

Pepperdine Law Review

No abstract provided.


Alabama V. Shelton: One Small Step For Man, One Very Small Step For The Sixth Amendment's Right To Counsel, Joshua S. Stambaugh Apr 2012

Alabama V. Shelton: One Small Step For Man, One Very Small Step For The Sixth Amendment's Right To Counsel, Joshua S. Stambaugh

Pepperdine Law Review

No abstract provided.


Ring V. Arizona: The Sixth And Eighth Amendments Collide: Out Of The Wreckage Emerges A Constitutional Safeguard For Capital Defendants, Jason E. Barsanti Apr 2012

Ring V. Arizona: The Sixth And Eighth Amendments Collide: Out Of The Wreckage Emerges A Constitutional Safeguard For Capital Defendants, Jason E. Barsanti

Pepperdine Law Review

No abstract provided.


Asbestos & The Sleeping Constitution, Griffin B. Bell Apr 2012

Asbestos & The Sleeping Constitution, Griffin B. Bell

Pepperdine Law Review

No abstract provided.


April 15, 2012: Atheism Is Growing, Bruce Ledewitz Apr 2012

April 15, 2012: Atheism Is Growing, Bruce Ledewitz

Hallowed Secularism

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


April 12, 2012: Reason Rally Update, Bruce Ledewitz Apr 2012

April 12, 2012: Reason Rally Update, Bruce Ledewitz

Hallowed Secularism

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


April 8, 2012: Happy Easter, Bruce Ledewitz Apr 2012

April 8, 2012: Happy Easter, Bruce Ledewitz

Hallowed Secularism

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


Knox V. Service Employees International Union: Balancing The First Amendment With Fairness Under Union-Shop Agreements, Donata Marcantonio Apr 2012

Knox V. Service Employees International Union: Balancing The First Amendment With Fairness Under Union-Shop Agreements, Donata Marcantonio

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


What President Obama Should Have Said About The Supreme Court And The Affordable Care Act, Eric J. Segall Apr 2012

What President Obama Should Have Said About The Supreme Court And The Affordable Care Act, Eric J. Segall

Faculty Publications By Year

No abstract provided.


Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen Apr 2012

Legal Scholarship Highlight: Confronting Supreme Court Fact Finding, Allison Orr Larsen

Popular Media

No abstract provided.


April 4, 2012: Samuel Moyn’S Questions About Church, State, And The Crisis In American Secularism, Bruce Ledewitz Apr 2012

April 4, 2012: Samuel Moyn’S Questions About Church, State, And The Crisis In American Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Samuel Moyn’s Questions about Church, State, and the Crisis in American Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Long And Winding Road From Monroe To Connick, Sheldon Nahmod Apr 2012

The Long And Winding Road From Monroe To Connick, Sheldon Nahmod

All Faculty Scholarship

In this article, I address the historical and doctrinal development of § 1983 local government liability, beginning with Monroe v. Pape in 1961 and culminating in the Supreme Court’s controversial 2011 failure to train decision in Connick v. Thompson. Connick has made it exceptionally difficult for § 1983 plaintiffs to prevail against local governments in failure to train cases. In the course of my analysis, I also consider the oral argument and opinions in Connick as well as various aspects of § 1983 doctrine. I ultimately situate Connick in the Court’s federalism jurisprudence which doubles back to Justice Frankfurter’s view …


Brady, Trust, And Error, Samuel R. Wiseman Apr 2012

Brady, Trust, And Error, Samuel R. Wiseman

Scholarly Publications

No abstract provided.


April 1, 2012: A Partisan Day Of Prayer And Fasting, Bruce Ledewitz Apr 2012

April 1, 2012: A Partisan Day Of Prayer And Fasting, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Partisan Day of Prayer and Fasting“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Jordan’S Political Public Sphere: Understanding The Youth’S Awareness And Perceptions Of The Constitutional Reforms In The Post-Arab Spring Era, Krista Vendetti Apr 2012

Jordan’S Political Public Sphere: Understanding The Youth’S Awareness And Perceptions Of The Constitutional Reforms In The Post-Arab Spring Era, Krista Vendetti

Independent Study Project (ISP) Collection

This study evaluates Jordanian youth’s awareness and perceptions of the constitutional amendments of 2011 and explores the youth’s main sources of political news. I hypothesized that a majority of young Jordanians are largely uninformed about the amendments and expected that the main source of news for most young Jordanians were official media sources. My research data consists of survey responses, given by 65 students from the University of Jordan, as well as five interviews with young Jordanians. My findings proved that the Jordanian youth has a low level of awareness about the recent political reforms, and the main news sources …


Stealth Constitutional Change And The Geography Of Law, Jill M. Fraley Apr 2012

Stealth Constitutional Change And The Geography Of Law, Jill M. Fraley

Scholarly Articles

Bruce Ackerman's recent book, The Decline and Fall of the American Republic, is a sudden shift from his previous scholarship on constitutional moments and the ability of social movements to generate minor revolutions. By acknowledging how constitutional change did not fit into his model of deliberate, deeply debated movements, Ackerman has shifted the scholarly lens to unintentional and unanticipated structural variations. Ackerman focuses his book on the political processes and events that have fostered potentially illegitimate constitutional remodeling. He acknowledges that certain features of legal scholarship have contributed to a lack of awareness of slow, structural drift, but he …


Back To The Future (Reviewing David Bernstein, Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (2011)), William D. Araiza Apr 2012

Back To The Future (Reviewing David Bernstein, Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (2011)), William D. Araiza

Faculty Scholarship

No abstract provided.


The Erosion Of Federal Common Law: Anticipatory Delegation In American Electric Power Company V. Connecticut, Paul Winters Apr 2012

The Erosion Of Federal Common Law: Anticipatory Delegation In American Electric Power Company V. Connecticut, Paul Winters

Buffalo Environmental Law Journal

Eleven plaintiffs brought a common law action, seeking injunctive relief against the six largest American producers of greenhouse gases. Because the EPA had not yet promulgated regulations governing the production of greenhouse gases, the Second Circuit Court of Appeals held that federal law had not displaced plaintiffs ' common law claim. The Supreme Court reversed, holding that even though regulations had not been promulgated, EPA occupied the field nevertheless. The decision marks an extension of the regulatory displacement of federal common law to regulations that are merely anticipated Such extension, or "anticipatory delegation, " represents an unacceptably large incursion into …