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2016

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Articles 241 - 270 of 1170

Full-Text Articles in Constitutional Law

Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon Aug 2016

Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon

Indiana Journal of Constitutional Design

No abstract provided.


The Voice Of The People: Public Participation In The African Continent, Rafael Macia Aug 2016

The Voice Of The People: Public Participation In The African Continent, Rafael Macia

Indiana Journal of Constitutional Design

Public participation is becoming a more common characteristic of constitutional drafting processes around the world, and Africa has not been an exception in this regard. This paper seeks to survey several of the public participation processes undertaken in a number of African nations, in order to examine the methods followed and the effects produced by such processes. For that purpose, I have analyzed the constitutional drafting efforts in South Africa, Uganda, Eritrea, Zimbabwe, Rwanda, Kenya, and Egypt. These processes all show different circumstances and approaches, with variations in terms of their top-down or bottom-up nature, and, more importantly, in terms …


August 15, 2016: The Hottest July In Recorded History, Bruce Ledewitz Aug 2016

August 15, 2016: The Hottest July In Recorded History, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Hottest July in Recorded History“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


State V. Eighth Jud. Dist. Ct. (Schneider), 132 Nev. Adv. Op. 59 (Aug. 12, 2016), Ping Chang Aug 2016

State V. Eighth Jud. Dist. Ct. (Schneider), 132 Nev. Adv. Op. 59 (Aug. 12, 2016), Ping Chang

Nevada Supreme Court Summaries

The Court held that the district court abused its discretion when overturning a misdemeanor driving under the influence conviction by failing to consider the state’s evidence of the defendant’s guilt.


Mary Lou Cornella V. Churchill County, Et Al., 132 Nev. Adv. Op. 58 (August 12, 2016), Stephanie Glantz Aug 2016

Mary Lou Cornella V. Churchill County, Et Al., 132 Nev. Adv. Op. 58 (August 12, 2016), Stephanie Glantz

Nevada Supreme Court Summaries

No abstract provided.


August 10, 2016: What They’Re Doing To Bill Mckibben, Bruce Ledewitz Aug 2016

August 10, 2016: What They’Re Doing To Bill Mckibben, Bruce Ledewitz

Hallowed Secularism

Blog post, “What They’re Doing to Bill McKibben“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen Aug 2016

Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen

Pace Law Review

Part I of this note discusses the Fourth Amendment’s protection against unreasonable search and seizures and its probable cause requirement. The Fourth Amendment’s text remains the same since its enactment. However, interpretation of the Fourth Amendment continues to evolve in order to stay current with society. Interpretation of the Fourth Amendment also varies based on state constitutional law since states can provide its citizens with greater protection than the United States Constitution. This is why the United States Supreme Court, federal district courts, and state courts have all undergone thorough Fourth Amendment analyses when applying the true meaning of the …


August 3, 2016: And One More Thing-The Candidates Are Too Old, Bruce Ledewitz Aug 2016

August 3, 2016: And One More Thing-The Candidates Are Too Old, Bruce Ledewitz

Hallowed Secularism

Blog post, “And One More Thing-The Candidates Are Too Old“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger Aug 2016

Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger

University of Miami Race & Social Justice Law Review

No abstract provided.


U.S. State Building And The Second Amendment, Darren Dale Gil Aug 2016

U.S. State Building And The Second Amendment, Darren Dale Gil

Dissertations

This dissertation used a comparative case study strategy employing a mixed methods thematic content analysis approach1 to explore U.S. government support for Second Amendment freedoms as compared to other freedoms in the U.S. Bill of Rights in American-led state-building projects in Cuba (1898-1901), Germany (1945-1949), and Iraq (2003-2005). The dissertation tested for Republican and Democratic political party support regarding Second Amendment freedoms in U.S. state-building projects. Findings from the three case studies showed that the American government did not support individual arms rights in its state-building efforts as it did with the other nine Bill of Rights freedoms. Findings …


Securing Sequences: Ensuring Adequate Protections For Genetic Samples In The Age Of Big Data, Elizabeth R. Pike Aug 2016

Securing Sequences: Ensuring Adequate Protections For Genetic Samples In The Age Of Big Data, Elizabeth R. Pike

Cardozo Law Review

Bulk collection of our personal data is increasingly common. Our internet browser history leads to personalized, targeted advertising; credit card companies aggregate billions of our collective transactions to gain insight into our spending patterns; and, as recently revealed, the National Security Agency engaged in the widespread collection of our telephone data without our knowledge or consent. But what if the data being collected, stored, shared, and used without our knowledge or consent is arguably the most personal of all data - our unique genetic sequence? In ways underreported and underexamined, the genetic information of nearly every American is likely to …


July 31, 2016: It’S Materialism, Bruce Ledewitz Jul 2016

July 31, 2016: It’S Materialism, Bruce Ledewitz

Hallowed Secularism

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


Assault Weapon Bans: Can They Survive Rational Basis Scrutiny?, Clayton E. Cramer Jul 2016

Assault Weapon Bans: Can They Survive Rational Basis Scrutiny?, Clayton E. Cramer

ConLawNOW

In the last two decades, legislatures and courts have been increasingly willing to argue that a certain class of firearms termed “assault weapons” are not protected by the Second Amendment, and may be regulated or banned even though functionally identical firearms are not generally subject to such laws. Do such underinclusive bans survive even the lowest level of scrutiny: rational basis?


Constitutional Law - Federalism - As An Incident Of National Sovereignty, The United States Has Paramount Rights And Power In The Seabed And Subsoil Of The Outer Continental Shelf, Stephen O. Spinks Jul 2016

Constitutional Law - Federalism - As An Incident Of National Sovereignty, The United States Has Paramount Rights And Power In The Seabed And Subsoil Of The Outer Continental Shelf, Stephen O. Spinks

Georgia Journal of International & Comparative Law

No abstract provided.


Reconsidering The History Of Open Courts In The Digital Age, Rory B. O'Sullivan, Catherine Connell Jul 2016

Reconsidering The History Of Open Courts In The Digital Age, Rory B. O'Sullivan, Catherine Connell

Seattle University Law Review

Article I, Section 10 of the Constitution of the State of Washington guarantees, “Justice in all cases shall be administered openly, and without unnecessary delay.” The Washington State Supreme Court has interpreted this clause to guarantee the public a right to attend legal proceedings and to access court documents separate and apart from the rights of the litigants themselves. Based on this interpretation, the court has struck down laws protecting the identity of both juvenile victims of sexual assault and individuals subject to involuntary commitment hearings. Its interpretation has also compromised the privacy rights of litigants wrongly named in legal …


July 25, 2016: Trump, Bruce Ledewitz Jul 2016

July 25, 2016: Trump, Bruce Ledewitz

Hallowed Secularism

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


July 21, 2016: Lessons From My Uncle’S Funeral, Bruce Ledewitz Jul 2016

July 21, 2016: Lessons From My Uncle’S Funeral, Bruce Ledewitz

Hallowed Secularism

Blog post, “Lessons from My Uncle’s Funeral“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Branded: Trademark Tattoos, Slave Owner Brands, And The Right To Have "Free" Skin, Shontavia Johnson Jul 2016

Branded: Trademark Tattoos, Slave Owner Brands, And The Right To Have "Free" Skin, Shontavia Johnson

Michigan Telecommunications & Technology Law Review

Though existing for several millennia in various cultures, body modification through tattooing is becoming more popular in the United States. Twenty percent of Americans have at least one tattoo, and among Millennials this number grows to almost forty percent. As the popularity of tattoos has increased in recent years, so too have questions revolving around concepts of intellectual property and the plausible limitations of any rights stemming therefrom. This Article addresses the implications, for both the tattooist and the tattooed, of using trademarked designations as tattoos. Neither the courts nor Congress have definitively answered the question of how traditional trademark …


Note: Constitutional Aspects Of Sunday Closing Laws Jul 2016

Note: Constitutional Aspects Of Sunday Closing Laws

The Catholic Lawyer

No abstract provided.


Mental Disorders And Criminal Responsibility; Obscenity Statutes And First Amendment Freedoms; Jul 2016

Mental Disorders And Criminal Responsibility; Obscenity Statutes And First Amendment Freedoms;

The Catholic Lawyer

No abstract provided.


Note: Commitment Of The Mentally Ill: Due Process For The Aged? Jul 2016

Note: Commitment Of The Mentally Ill: Due Process For The Aged?

The Catholic Lawyer

No abstract provided.


Quis Custodiet: Disestablishment And Standing To Sue, Thomas J. O'Toole Jul 2016

Quis Custodiet: Disestablishment And Standing To Sue, Thomas J. O'Toole

The Catholic Lawyer

No abstract provided.


Equal Justice Under Law - Tax Aid To Education, William J. Kenealy, S.J. Jul 2016

Equal Justice Under Law - Tax Aid To Education, William J. Kenealy, S.J.

The Catholic Lawyer

No abstract provided.


July 16, 2016: The Future Of Democracy In The Islamic World, Bruce Ledewitz Jul 2016

July 16, 2016: The Future Of Democracy In The Islamic World, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Future of Democracy in the Islamic World“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 8, 2016: Lack Lives Matter So Much That The Police Are Needed, Bruce Ledewitz Jul 2016

July 8, 2016: Lack Lives Matter So Much That The Police Are Needed, Bruce Ledewitz

Hallowed Secularism

Blog post, “Black Lives Matter So Much that the Police are Needed“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


How Much Are You Worth?: A Statutory Alternative To The Unconstitutionality Of Experts’ Use Of Minority-Based Statistics, Anne M. Anderson Jul 2016

How Much Are You Worth?: A Statutory Alternative To The Unconstitutionality Of Experts’ Use Of Minority-Based Statistics, Anne M. Anderson

Washington and Lee Law Review Online

No abstract provided.


July 2, 2016: Home And My Uncle William’S Funeral, Bruce Ledewitz Jul 2016

July 2, 2016: Home And My Uncle William’S Funeral, Bruce Ledewitz

Hallowed Secularism

Blog post, “Home and My Uncle William’s Funeral“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Fast-Track To Injustice: Rapidly Deporting The Mentally Ill, Aimee L. Mayer-Salins Jul 2016

Fast-Track To Injustice: Rapidly Deporting The Mentally Ill, Aimee L. Mayer-Salins

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


The Two Faces Of The Foreign Intelligence Surveillance Court, Emily Berman Jul 2016

The Two Faces Of The Foreign Intelligence Surveillance Court, Emily Berman

Indiana Law Journal

When former National Security Agency contractor Edward Snowden leaked a massive trove of information about secret intelligence-collection programs implemented under the Foreign Intelligence Surveillance Act in the summer of 2013, U.S. surveillance activities were thrust to the forefront of public debate. This debate included the question of whether and how to reform the Foreign Intelligence Surveillance Court (“FISA Court”), the statutorily created secret court that reviews government applications to conduct surveillance in the United States. This discussion, however, has underemphasized a critical feature of the way the FISA Court works. As this Article will show, since the terrorist attacks of …


How To Think About Religious Freedom In An Egalitarian Age, Nelson Tebbe Jul 2016

How To Think About Religious Freedom In An Egalitarian Age, Nelson Tebbe

Cornell Law Faculty Publications

No abstract provided.