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Articles 61 - 90 of 962
Full-Text Articles in Constitutional Law
November 30, 2012: A Movie To Redeem Politics, Bruce Ledewitz
November 30, 2012: A Movie To Redeem Politics, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Movie to Redeem Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson
An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson
Pepperdine Law Review
No abstract provided.
The Right To Waive Competent Counsel: Extending The Faretta Waiver, Augustine Gerard Yee
The Right To Waive Competent Counsel: Extending The Faretta Waiver, Augustine Gerard Yee
Pepperdine Law Review
No abstract provided.
Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt
Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt
Pepperdine Law Review
No abstract provided.
Deinstitutionalization Of Status Offenders: In Perspective , Robert W. Sweet Jr.
Deinstitutionalization Of Status Offenders: In Perspective , Robert W. Sweet Jr.
Pepperdine Law Review
No abstract provided.
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
Pepperdine Law Review
No abstract provided.
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Pepperdine Law Review
No abstract provided.
The Free Exercise Clause Gets A Costly Workout In Employment Division, Department Of Human Resources Of Oregon V. Smith , David Leventhal
The Free Exercise Clause Gets A Costly Workout In Employment Division, Department Of Human Resources Of Oregon V. Smith , David Leventhal
Pepperdine Law Review
No abstract provided.
The Separation Of Powers Doctrine: Straining Out Gnats, Swallowing Camels?, James M. Mcgoldrick Jr.
The Separation Of Powers Doctrine: Straining Out Gnats, Swallowing Camels?, James M. Mcgoldrick Jr.
Pepperdine Law Review
No abstract provided.
Separation Of Powers: Interpretation Outside The Courts , Louis Fisher
Separation Of Powers: Interpretation Outside The Courts , Louis Fisher
Pepperdine Law Review
No abstract provided.
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
Pepperdine Law Review
No abstract provided.
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Pepperdine Law Review
No abstract provided.
Foreword, Antonin Scalia
Introduction, Jeffrey S. Boyd
November 27, 2012: A Compromise On The Contraception Mandate?, Bruce Ledewitz
November 27, 2012: A Compromise On The Contraception Mandate?, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Compromise on the Contraception Mandate?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Contraception Mandate, Caroline Mala Corbin
November 22, 2012: Happy Thanksgiving, Bruce Ledewitz
November 22, 2012: Happy Thanksgiving, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Thanksgiving“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 21, 2012: The Tensions In Religious Liberty, Bruce Ledewitz
November 21, 2012: The Tensions In Religious Liberty, Bruce Ledewitz
Hallowed Secularism
Blog post, “he Tensions in Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Power To Block The Affordable Care Act: What Are The Limits?, John D. Kraemer, Lawrence O. Gostin
The Power To Block The Affordable Care Act: What Are The Limits?, John D. Kraemer, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Though Supreme Court upheld most parts of the Affordable Care Act (ACA), Congress’ goals in enacting it could still be frustrated by non-implementation. During his campaign for president, Governor Romney promised “to issue Obamacare waivers to all fifty states.” While such blanket waivers would likely violate the Constitution’s Take Care Clause, the ACA does permit other waivers. To be lawful, however, they must meet certain requirements designed to enhance access and lower cost. A president who opposes the ACA might be able to limit its implementation by refusing to issue premium subsidies in federally operated insurance exchanges, and this might …
Possession Of Child Pornography: Should You Be Convicted When The Computer Cache Does The Saving For You?, Giannina Marin
Possession Of Child Pornography: Should You Be Convicted When The Computer Cache Does The Saving For You?, Giannina Marin
Florida Law Review
This Note examines the concept of electronic possession in the field of child pornography, with the aim of reconciling the basic intuition behind possession with the reality of electronic data. Part II briefly discusses the case and statutory history that placed child pornography outside the bounds of the First Amendment and led to constitutionally valid prohibitions on the possession of child pornography. Part III sets forth the various ways in which individuals can access electronic child pornography, with a focus on the user’s level of interaction. Part IV discusses factors that the courts have considered in defining what constitutes possession …
Student Speech Rights In The Digital Age, Mary-Rose Papandrea
Student Speech Rights In The Digital Age, Mary-Rose Papandrea
Florida Law Review
For several decades courts have struggled to determine when, if ever, public schools should have the power to restrict student expression that does not occur on school grounds during school hours. In the last several years, courts have struggled with this same question in a new context—the digital media. The dramatic increase in the number of student speech cases involving the Internet, mobile phones, and video cameras begs for a closer examination of the scope of school officials’ authority to censor the expression of minors as well as the scope of juvenile speech rights generally. This Article takes a close …
False Statements V. Free Debate: Is The First Amendment A License To Lie In Elections?, Simon A. Rodell
False Statements V. Free Debate: Is The First Amendment A License To Lie In Elections?, Simon A. Rodell
Florida Law Review
No abstract provided.
Constitutional Advocacy Explains Constitutional Outcomes, Stephen A. Higginson
Constitutional Advocacy Explains Constitutional Outcomes, Stephen A. Higginson
Florida Law Review
This Article seeks to show that scholars, especially constitutional scholars, must pay more attention to the ways advocates frame their controversies at the "capital of the world." If the Anti-federalists' prophecy was that an overly complex constitution would accrete power around its ambiguities, then the perpetual refinement of the Constitution by lawyers in controversy—from article to section to sentence to clause to phrase to word—has given the best protection against inflexibility. This thesis is timely because lawyering is more accessible with the Court's recent decision to post oral arguments "on the same day an argument is heard by the Court." …
Reining In Abuses Of Executive Power Through Substantive Due Process, Rosalie Berger Levinson
Reining In Abuses Of Executive Power Through Substantive Due Process, Rosalie Berger Levinson
Florida Law Review
Although substantive due process is one of the most confusing and controversial areas of constitutional law, it is well established that the Due Process Clause includes a substantive component that “bars certain arbitrary wrongful government actions ‘regardless of the fairness of the procedures used to implement them.’” The Court has recognized substantive due process limitations on law-enforcement personnel, public-school officials, government employers, and those who render decisions that affect our property rights. Government officials who act with intent to harm or with deliberate indifference to our rights have been found to engage in conduct that “shocks the judicial conscience” contrary …
Substantive Due Process: Sex Toys After Lawrence, Michael J. Hooi
Substantive Due Process: Sex Toys After Lawrence, Michael J. Hooi
Florida Law Review
No abstract provided.
Florida's Eminent Domain Overhaul: Creating More Problems Than It Solved, Scott J. Kennelly
Florida's Eminent Domain Overhaul: Creating More Problems Than It Solved, Scott J. Kennelly
Florida Law Review
This Note initially discusses how the Florida Legislature’s reaction to Kelo v. City of New London was unnecessary. However, accepting that the legislature felt the influence of the body politic to enact significant eminent domain reform, this Note argues that the legislature did not fully consider the consequences of its actions. Instead, the legislature’s measures were overly broad and created ambiguity. Additionally, the measures will have unintended consequences that could leave landowners and the community worse off than under the previous system. Finally, this Note offers solutions that would both provide Florida with a more comprehensive eminent domain framework and …
The Case For Overturning Williams V. Florida And The Six-Person Jury: History, Law, And Empirical Evidence, Alisa Smith, Michael J. Saks
The Case For Overturning Williams V. Florida And The Six-Person Jury: History, Law, And Empirical Evidence, Alisa Smith, Michael J. Saks
Florida Law Review
After 700 years of common-law history and nearly 200 years of constitutional history, the Supreme Court concluded that the constitutionally permissible minimum jury size could not be inferred from the language or the history of the Constitution. The answer, said the Court in Williams v. Florida, could be found only through a “functional analysis” of the performance of smaller juries (that is, empirical examination of the behavior of different-sized juries). The Court implicitly abandoned that analysis in Ballew v. Georgia, when it held that juries with fewer than six members were unconstitutional—a decision based on nothing more than …
Three Faces Of Supplemental Jurisdiction After The Demise Of United Mine Workers V. Gibbs, C. Douglas Floyd
Three Faces Of Supplemental Jurisdiction After The Demise Of United Mine Workers V. Gibbs, C. Douglas Floyd
Florida Law Review
In a post-Gibbs world, three competing views of the permissible scope of federal subject matter jurisdiction over non-diverse state law claims have emerged. First, a “delegation” model, which reads the Constitution to have delegated to Congress an apparently unrestricted power to define the scope of an Article III case or controversy, provided at least one claim in the action falls within the scope of Article III. Second, a “factual relationship” model, which seeks to give more precise content to Gibbs’s “common nucleus of operative fact” standard and to distinguish it from the “same transaction or occurrence” joinder standard …
Returning To Hazelwood'S Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman
Returning To Hazelwood'S Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman
Florida Law Review
This Article begins by discussing the Hazelwood decision in depth. It then discusses the various contexts in which courts have applied Hazelwood and the circuit split that has developed over how broadly Hazelwood should reach. Next, it describes the circuit split over whether Hazelwood permits viewpoint-based speech restrictions, highlighting the different speech contexts in which the circuits have reached divergent conclusions. The Article then argues that the overextension of Hazelwood links the two splits. This Part also discusses why Hazelwood is uniquely suited to the student speech context and why other doctrines—namely, the Pickering–Connick framework for teachers’ classroom …
November 17, 2012: The Real Losers In This Election—Religious Voters, Bruce Ledewitz
November 17, 2012: The Real Losers In This Election—Religious Voters, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Real Losers in this Election—Religious Voters“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.