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Articles 421 - 450 of 1053
Full-Text Articles in Constitutional Law
"That's The Guy!": Federal Rule Of Evidence 801(D)(1)(C) And Out-Of-Court Statements Of Identification, Gilbert M. Rein
"That's The Guy!": Federal Rule Of Evidence 801(D)(1)(C) And Out-Of-Court Statements Of Identification, Gilbert M. Rein
Cardozo Law Review
No abstract provided.
Equality Arguments For Abortion Rights, Neil S. Siegel, Reva B. Siegel
Equality Arguments For Abortion Rights, Neil S. Siegel, Reva B. Siegel
Faculty Scholarship
Roe v. Wade grounds constitutional protections for women’s decision whether to end a pregnancy in the Due Process Clauses. But in the four decades since Roe, the U.S. Supreme Court has come to recognize the abortion right as an equality right as well as a liberty right. In this Essay, we describe some distinctive features of equality arguments for abortion rights. We then show how, over time, the Court and individual Justices have begun to employ equality arguments in analyzing the constitutionality of abortion restrictions. These arguments first appear inside of substantive due process case law, and then as claims …
Jack Balkin's Rich Historicism And Diet Originalism: Health Benefits And Risks For The Constitutional System, Neil S. Siegel
Jack Balkin's Rich Historicism And Diet Originalism: Health Benefits And Risks For The Constitutional System, Neil S. Siegel
Faculty Scholarship
In Living Originalism, Jack Balkin reasons from two points of view — the perspective of the constitutional system as a whole and the perspective of the faithful participant in that system. First, he provides a systemic account of constitutional change, which he calls “living constitutionalism.” Second, he offers an individual approach to constitutional interpretation and construction, which he calls “framework originalism” or “the method of text and principle.” Reasoning from the systemic perspective, Balkin develops a compelling theory of the processes of constitutional change. Balkin may insufficiently appreciate, however, that public candor about — or even deep awareness of — …
The New Originalist Manifesto, James E. Fleming
The New Originalist Manifesto, James E. Fleming
Faculty Scholarship
Lawrence B. Solum and Robert W. Bennett's excellent book, Constitutional Originalism: A Debate, calls to mind a famous book in political philosophy, J.J.C. Smart and Bernard Williams's Utilitarianism: For and Against.' Both works pair two spirited yet fair-minded scholars in a constructive debate between two competing views prevalent in their fields. Originalism has a reasonable, programmatic, and inclusive proponent in Solum, and living constitutionalism has a capable, pragmatic, and effective champion in Bennett.
The German Abortion Decisions And The Protective Function In German And Canadian Constitutional Law, Vanessa Macdonnell, Jula Hughes
The German Abortion Decisions And The Protective Function In German And Canadian Constitutional Law, Vanessa Macdonnell, Jula Hughes
Osgoode Hall Law Journal
In the First and Second Abortion decisions, the German Constitutional Court drew on earlier jurisprudence to hold that the state was under a constitutional duty to protect the fetus from deprivations of its interest in life by the pregnant woman. In this article, we suggest that Canadian constitutional law scholars and reproductive rights advocates would benefit from examining the German abortion decisions despite their highly controversial nature. In our view, the benefits are twofold. First, the German cases demonstrate that recognizing the protective function can help clarify constitutional doctrine by revealing the tensions that underlie many difficult constitutional cases. Second, …
Pennsylvania’S Supreme Court, Still Broken, Bruce Ledewitz
Pennsylvania’S Supreme Court, Still Broken, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
March 29, 2013: The New Face Of Nihilism, Bruce Ledewitz
March 29, 2013: The New Face Of Nihilism, Bruce Ledewitz
Hallowed Secularism
Blog post, “The New Face of Nihilism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
What Is "(Im)Partial Enough" In A World Of Embedded Neutrals, Nancy A. Welsh
What Is "(Im)Partial Enough" In A World Of Embedded Neutrals, Nancy A. Welsh
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Ordinary Administrative Law As Constitutional Common Law , Gillian E. Metzger
Ordinary Administrative Law As Constitutional Common Law , Gillian E. Metzger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
March 27, 2013: Happy Passover And Holy Week, Bruce Ledewitz
March 27, 2013: Happy Passover And Holy Week, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Passover and Holy Week“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Construction And Constraint: Discussion Of Living Originalism, Lawrence B. Solum
Construction And Constraint: Discussion Of Living Originalism, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
Jack Balkin's Living Originalism raises many important questions about contemporary constitutional theory. Can and should liberals and progressives embrace originalism? Can the New Deal expansion of national legislative power be given originalist foundations? Is there a plausible originalist case for a right to reproductive autonomy and hence for the Court's decision in Roe v. Wade? Is the fact of theoretical disagreement among originalists evidence for the thesis that the originalist project is in disarray?
Tel Aviv-Jaffa District Commander V. Israel Internet Association, Uzi Vogelman, Asher Grunis, Noam Sohlberg
Tel Aviv-Jaffa District Commander V. Israel Internet Association, Uzi Vogelman, Asher Grunis, Noam Sohlberg
Translated Opinions
Facts: In August 2010, the Israel Police ordered major Israeli Internet access providers to block access to eight gambling websites operating outside the State of Israel. The orders were based on section 229 of the Penal Law that permits the District Police Commander to order the closure of any illegal gaming, lottery, or gambling place. The access providers complied with the orders and the Israel Internet Association petitioned the Administrative Affairs Court against the District Commander, contesting the closure, in the interests of Israeli web-users and the general public. The Internet access providers did not petition against the closure of …
March 23, 2013: At The Fsu Conference On Religion And Law In American History, Bruce Ledewitz
March 23, 2013: At The Fsu Conference On Religion And Law In American History, Bruce Ledewitz
Hallowed Secularism
Blog post, “At the FSU Conference on Religion and Law in American History“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Searches Incident To Arrest And The Aftermath Of Arizona V. Gant – A Circuit Split As To Gant’S Applicability To Non-Vehicular Searches, Nicholas De Sena
Searches Incident To Arrest And The Aftermath Of Arizona V. Gant – A Circuit Split As To Gant’S Applicability To Non-Vehicular Searches, Nicholas De Sena
Pace Law Review
The nation’s struggle to balance individual rights of privacy and legitimate law enforcement efforts continues without any clear resolution in sight. The Fourth Amendment of the United States Constitution guarantees citizens the right to be free from unreasonable searches and seizures, stating that search warrants shall be issued only with a showing of probable cause, a description of the place to be searched, and the persons or things to be seized. Complementing the warrant requirement is the principal that searches done without a warrant are per se unreasonable. The Supreme Court, however, has recognized exceptions to the warrant requirement under …
Watch Your Step: Recovery For Inmate Slip And Fall - Rodriguez V. City Of New York, Brittany A. Fiorenza
Watch Your Step: Recovery For Inmate Slip And Fall - Rodriguez V. City Of New York, Brittany A. Fiorenza
Touro Law Review
No abstract provided.
The Sanctity Of The Attorney-Client Relationship – Undermined By The Federal Interpretation Of The Right To Counsel - People V. Borukhova, Tara Laterza
Touro Law Review
No abstract provided.
A Cumulative Approach To Ineffective Assistance: New York’S Requirement That Counsel’S Cumulative Efforts Amount To Meaningful Representation - People V. Bodden, Jan Lucas
Touro Law Review
No abstract provided.
What Are We Searching For? Conditions, Elements, And Requirements For A Valid “Searching Inquiry” In The State Of New York - People V. Crampe, Dean M. Villani
What Are We Searching For? Conditions, Elements, And Requirements For A Valid “Searching Inquiry” In The State Of New York - People V. Crampe, Dean M. Villani
Touro Law Review
No abstract provided.
Flying Solo Without A License: The Right Of Pro Se Defendants To Crash And Burn - People V. Smith, Tiffany Frigenti
Flying Solo Without A License: The Right Of Pro Se Defendants To Crash And Burn - People V. Smith, Tiffany Frigenti
Touro Law Review
No abstract provided.
Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince
Touro Law Review
No abstract provided.
Someone Call 911, Crawford Is Dying - People V. Duhs, Caroline Knoepffler
Someone Call 911, Crawford Is Dying - People V. Duhs, Caroline Knoepffler
Touro Law Review
No abstract provided.
Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie
Buying A Judicial Seat For Appeal: Caperton V. A.T. Massey Coal Company, Inc., Is Right Out Of A John Grisham Novel, Richard Gillespie
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
March 13, 2013: Ronald Dworkin Seeks Common Ground For Religion, Bruce Ledewitz
March 13, 2013: Ronald Dworkin Seeks Common Ground For Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “Ronald Dworkin Seeks Common Ground for Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Proposition 8 Is Unconstitutional, But Not Because The Ninth Circuit Said So: The Equal Protection Clause Does Not Support A Legal Distinction Between Denying The Right To Same-Sex Marriage And Not Providing It In The First Place, Nathan Rouse
Seattle University Law Review
In Perry v. Brown, the Ninth Circuit held that Proposition 8 is unconstitutional. But in doing so, the court stepped back from the breadth of the district court’s decision. The Ninth Circuit did not address whether same-sex marriage is a fundamental constitutional right. Nor did the Ninth Circuit address whether the Equal Protection Clause categorically prevents states from limiting marriage to opposite-sex couples. Instead, the Ninth Circuit reached the narrow conclusion that Proposition 8 violates the Equal Protection Clause because it withdrew a preexisting legal right from a marginalized group without any legitimate purpose. The Ninth Circuit should have held …
March 10, 2013: The Executioner In Chief, Bruce Ledewitz
March 10, 2013: The Executioner In Chief, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Executioner in Chief“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 8, 2013: On Taking Ronald Dworkin Seriously, Bruce Ledewitz
March 8, 2013: On Taking Ronald Dworkin Seriously, Bruce Ledewitz
Hallowed Secularism
Blog post, “On taking Ronald Dworkin Seriously“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 6, 2013: Charles Taylor’S Error, Bruce Ledewitz
March 6, 2013: Charles Taylor’S Error, Bruce Ledewitz
Hallowed Secularism
Blog post, “Charles Taylor’s Error“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 5, 2013: An Open Letter To David Brooks, Bruce Ledewitz
March 5, 2013: An Open Letter To David Brooks, Bruce Ledewitz
Hallowed Secularism
Blog post, “An Open Letter to David Brooks“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 3, 2013: What Is The Meaning Of Faith Today?, Bruce Ledewitz
March 3, 2013: What Is The Meaning Of Faith Today?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What is the Meaning of Faith Today?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Is "Different But Equal" The New "Separate But Equal"? Nclb's Single-Sex Schooling Option Signals New Horizons For Some While Challenging Equal Education Convictions For Others , Elaine Ekpo
Journal of the National Association of Administrative Law Judiciary
No abstract provided.