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Articles 691 - 720 of 1170
Full-Text Articles in Constitutional Law
Incitement, Threats, And Constitutional Guarantees: First Amendment Protections Pre- And Post-Elonis, Mark Strasser
Incitement, Threats, And Constitutional Guarantees: First Amendment Protections Pre- And Post-Elonis, Mark Strasser
The University of New Hampshire Law Review
[Excerpt] "While the First Amendment to the United States Constitution protects the freedom of expression, individuals issuing threats or advocating illegal conduct may be subject to punishment. What constitutes proscribable speech has long been evolving, and the recent jurisprudence suggests that First Amendment protections are more robust for advocacy of illegal conduct than for threats. Elonis v. United States provided the Court with a golden opportunity to clarify First Amendment threat jurisprudence; however, those hoping for an illuminating analysis cannot help but be disappointed. Part I of this Article discusses the developing First Amendment jurisprudence regarding the regulation of incitement, …
Myanmar- A New Law For A New Era, Mahdev Mohan
Myanmar- A New Law For A New Era, Mahdev Mohan
Research Collection Yong Pung How School Of Law
On 5 January, Myanmar’s parliament enacted the Arbitration Law 2016 – Union Parliament Act No. 5 of 2016 – which repeals and replaces the Myanmar Arbitration Act 1944 and represents an important step forward in creating a legal environment that is attractive for investment and commerce.
No Better Instrument: The Necessity Of Notice And An Opportunity To Be Heard And The Due Process Deficiencies Of Nuisance Abatement, Elise Bernlohr
No Better Instrument: The Necessity Of Notice And An Opportunity To Be Heard And The Due Process Deficiencies Of Nuisance Abatement, Elise Bernlohr
Cardozo Law Review
No abstract provided.
January 30, 2016: Journalism Under Attach—Again, Bruce Ledewitz
January 30, 2016: Journalism Under Attach—Again, Bruce Ledewitz
Hallowed Secularism
Blog post, “Journalism Under Attach—Again“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 27, 2016: The End Of Trump, Bruce Ledewitz
January 27, 2016: The End Of Trump, Bruce Ledewitz
Hallowed Secularism
Blog post, “The End of Trump“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 27, 2016: Don’T Fight Mistrust; Deepen It, Bruce Ledewitz
January 27, 2016: Don’T Fight Mistrust; Deepen It, Bruce Ledewitz
Hallowed Secularism
Blog post, “Don’t Fight Mistrust; Deepen It“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
How The Tenth Amendment Saved The Constitution, Contradicts The Modern View Of Broad Federal Power, And Imposes Strict Limitations, Steven T. Voigt
How The Tenth Amendment Saved The Constitution, Contradicts The Modern View Of Broad Federal Power, And Imposes Strict Limitations, Steven T. Voigt
Et Cetera
This paper challenges the position that the Tenth Amendment merely states an abstract concept and has no place in constitutional interpretation. The history of the Tenth Amendment portrays a much greater significance for this amendment. Not only did the Tenth Amendment likely save the Constitution and preserve the union, but it imposed very real restraints on federal power. The implication for modern courts is that the Tenth Amendment cannot be ignored. Far from just stating a truism, it sets forth a constitutional rule of interpretation that must be applied whenever the scope of any federal power is examined.
The Erosion Of The Rule Of Law When A State Attorney General Refuses To Defend The Constitutionality Of Controversial Laws, Rena M. Lindevaldsen
The Erosion Of The Rule Of Law When A State Attorney General Refuses To Defend The Constitutionality Of Controversial Laws, Rena M. Lindevaldsen
Barry Law Review
No abstract provided.
January 24, 2016: Secular Rites, Bruce Ledewitz
January 24, 2016: Secular Rites, Bruce Ledewitz
Hallowed Secularism
Blog post, “Secular Rites“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The First Amendment And The World, Timothy Zick
Riley V. California And The Stickiness Principle, Steven I. Friedland
Riley V. California And The Stickiness Principle, Steven I. Friedland
Duke Law & Technology Review
In Fourth Amendment decisions, different concepts, facts and assumptions about reality are often tethered together by vocabulary and fact, creating a ‘Stickiness Principle.’ In particular, form and function historically were considered indistinguishable, not as separate factors. For example, “containers” carried things, “watches” told time, and “phones” were used to make voice calls. Advancing technology, though, began to fracture this identity and the broader Stickiness Principle. In June 2014, Riley v. California and its companion case, United States v. Wurie, offered the Supreme Court an opportunity to begin untethering form and function and dismantling the Stickiness Principle. Riley presented the question …
Martin Luther King, Jr. Celebration Keynote Address: The Honorable Carlton W. Reeves, United States District Court For The Southern District Of Mississippi, Roger Williams University School Of Law
Martin Luther King, Jr. Celebration Keynote Address: The Honorable Carlton W. Reeves, United States District Court For The Southern District Of Mississippi, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Originalism And The Executive, Neil Kinkopf
Originalism And The Executive, Neil Kinkopf
Faculty Publications By Year
No abstract provided.
January 17, 2016: The Push Back Against Ending Campaign Contribution Limits, Bruce Ledewitz
January 17, 2016: The Push Back Against Ending Campaign Contribution Limits, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Push Back Against Ending Campaign Contribution Limits“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
City Of Fernley V. State, Dep’T Of Tax, 132 Nev. Adv. Op. 4 (January 14, 2016), Daniel Ormsby
City Of Fernley V. State, Dep’T Of Tax, 132 Nev. Adv. Op. 4 (January 14, 2016), Daniel Ormsby
Nevada Supreme Court Summaries
The Court determined that the Local Government Tax Distribution Account under NRS § 330.660 was general legislation, survived rational basis scrutiny, and therefore was not unconstitutional under Article 4, Sections 20 and 21 of the Nevada Constitution.
Book Review: The Great Dissent: How Oliver Wendell Holmes Changed His Mind—And Changed The History Of Free Speech In America, By Thomas Healy, Jamie Cameron
Osgoode Hall Law Journal
This is a book review of Healy, Thomas. The Great Dissent: How Oliver Wendell Holmes Changed his Mind—and Changed the History of Free Speech in America. Metropolitan Books, Henry Holt and Co. 2013.
January 9, 2016: Lessons From New York, Bruce Ledewitz
January 9, 2016: Lessons From New York, Bruce Ledewitz
Hallowed Secularism
Blog post, “Lessons from New York“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Religious Institutionalism In A Canadian Context, Victor M. Muñiz-Fraticelli, Lawrence David
Religious Institutionalism In A Canadian Context, Victor M. Muñiz-Fraticelli, Lawrence David
Osgoode Hall Law Journal
Does freedom of religion protect religious institutions or does it only protect the individual religious conscience? Canadian jurisprudence after the enactment of the Canadian Charter of Rights and Freedoms takes a decidedly individualist turn, deliberately avoiding the question of the rights of religious institutions. This individualist focus neglects the historical trajectory of religious freedom, the social understanding of religious faith by religious adherents themselves, and the institutional structures in which religion emerges and develops (and through which it is ultimately protected). An institutional account of religious liberty can complement the individualist account, as it better explains the legal order, better …
The Absurd Logic Behind Florida’S Docs Vs. Glocks Law, Dahlia Lithwick, Sonja R. West
The Absurd Logic Behind Florida’S Docs Vs. Glocks Law, Dahlia Lithwick, Sonja R. West
Popular Media
This article published at Slate.com on January 8, 2016, reviews the Wollschlaeger v. Governor of the State of Florida case in which the Florida legislature passed a law that bars health care workers from discussing or recording anything about their patients’ gun ownership or safety practices that could be deemed in bad faith, irrelevant, or harassing.
Restoring Nobility To The Constitution: A Modern Approach To A Founding Principle, Marc A. Greendorfer
Restoring Nobility To The Constitution: A Modern Approach To A Founding Principle, Marc A. Greendorfer
ConLawNOW
It is common lore in the United States that our federal government was structured with a number of checks and balances that ensure, at a minimum, the equal application of law among all citizens. While there are indeed such structural mechanisms embedded in the Constitution, they don’t always work as intended and, in fact, at times they fail utterly to prevent blatant abuses of the rule of law by the vast and growing political class in America. Our political office holders (and their favored constituents) can, and do, pick and choose which laws apply to them and, more importantly, which …
Newsroom: Goldstein On Militia Occupation, Roger Williams University School Of Law
Newsroom: Goldstein On Militia Occupation, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Conservatives, The Supreme Court Of Canada, And The Constitution: Judicial-Government Relations, 2006–2015, Christopher Manfredi
Conservatives, The Supreme Court Of Canada, And The Constitution: Judicial-Government Relations, 2006–2015, Christopher Manfredi
Osgoode Hall Law Journal
Three high-profile government losses in the Supreme Court of Canada in late 2013 and early 2014, combined with the government’s response to those losses, generated a narrative of an especially fractious relationship between Stephen Harper’s Conservative government and the Court. This article analyzes this narrative more rigorously by going beyond a mere tallying of government wins and losses in the Court. Specifically, it examines Charter-based invalidations of federal legislation since 2006, three critical reference opinions rendered at the government’s own request, and two key judgments delivered in the spring of 2015 concerning Aboriginal rights and the elimination of the long-gun …
As Good As It Gets? Security, Asylum, And The Rule Of Law After The Certificate Trilogy, Graham Hudson
As Good As It Gets? Security, Asylum, And The Rule Of Law After The Certificate Trilogy, Graham Hudson
Osgoode Hall Law Journal
This article uses constitutional discourses on the legality of security certificates to shed light on darker, neglected corners of the security and migration nexus in Canada. I explore how procedures and practices used in the certificate regime have evolved and migrated to analogous adjudicative and discretionary decision-making contexts. I argue, on the one hand, that the executive’s ability to label persons security risks has been subjected to meaningful constraints in the certificate regime and other functionally equivalent adjudicative proceedings. On the other hand, the ability of discretionary decision makers to deport individuals who pose de jure security risks to face …
January 3, 2016: Is Life Inherently Tragic?, Bruce Ledewitz
January 3, 2016: Is Life Inherently Tragic?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Life Inherently Tragic?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 2, 2017: This Is What Happens When You Vote Republican, Bruce Ledewitz
January 2, 2017: This Is What Happens When You Vote Republican, Bruce Ledewitz
Hallowed Secularism
Blog post, “This is What Happens When You Vote Republican“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Threat Of Independent Political Spending To Democratic Life—And A Plan To Stop It, Bruce Ledewitz
The Threat Of Independent Political Spending To Democratic Life—And A Plan To Stop It, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Sinclair's Nightmare: Slapp-Ing Down Ag-Gag Legislation As Content-Based Restrictions Chilling Protected Free Speech, Jeffrey Vizcaino
Sinclair's Nightmare: Slapp-Ing Down Ag-Gag Legislation As Content-Based Restrictions Chilling Protected Free Speech, Jeffrey Vizcaino
Student Works
Over a century after its publication, Upton Sinclair’s 1906 novel, The Jungle, remains one of the most impactful pieces of investigative literature ever published. During 1904, in an effort to expose the heinous working conditions of Chicago’s meat packing industry, Sinclair went under disguise as a factory worker for seven weeks. While Sinclair’s purpose for The Jungle was to propel federal reform against inhumane work conditions, it was the first-hand depiction of the callous slaughtering and unsanitary processing of meat products which led to national uproar. Gaining the attention of national political leaders, including President Theodore Roosevelt, The Jungle …
Religious Discrimination Based On Employer Misperception, Dallan F. Flake
Religious Discrimination Based On Employer Misperception, Dallan F. Flake
Law Faculty Scholarship
This Article addresses the circuit split over whether Title VII prohibits discrimination based on an employer's misperception of an employee's religion. This is an especially critical issue because misperception-based religious discrimination is likely to increase as the United States continues to experience unprecedented religious diversification. Some courts read Title VII narrowly to preclude such claims, reasoning that the statutory text only prohibits discrimination based on an individual's actual religion. Other courts interpret the statute more expansively in concluding such claims are cognizable because the employer's intent is equally malicious in misperception and conventional discrimination cases. I argue that the statutory …
Brief For Catholics For Choice Et Al. As Amici Curiae Supporting Respondents, Zubik V. Burwell, Leslie C. Griffin
Brief For Catholics For Choice Et Al. As Amici Curiae Supporting Respondents, Zubik V. Burwell, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Youthful Offenders And The Eighth Amendment Right To Rehabilitation: Limitations On The Punishment Of Juveniles, Martin R. Gardner
Youthful Offenders And The Eighth Amendment Right To Rehabilitation: Limitations On The Punishment Of Juveniles, Martin R. Gardner
Nebraska College of Law: Faculty Publications
To understand the potential scope of the Court's implicit conclusion that the punishment of adolescents is unconstitutional unless a meaningful opportunity for rehabilitation is afforded, it is necessary to carefully distinguish and clarify the distinction between the conflicting concepts of punishment and rehabilitation. I therefore begin Part I by analyzing this distinction. Since the logic of the Court's decisions impacts the punishment of adolescents in both the juvenile and criminal justice contexts, I contrast the two systems in Part II by tracing the development of the juvenile court movement from its original rehabilitative origins towards an increasingly punitive model, dispensing …