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2019

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Institution
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Articles 211 - 240 of 901

Full-Text Articles in Constitutional Law

July 26, 2019: Strong Reactions To Column On The No-Prosecution Pledge, Bruce Ledewitz Jul 2019

July 26, 2019: Strong Reactions To Column On The No-Prosecution Pledge, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Strong Reactions to Column on the No-Prosecution Pledge“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Don’T Lock Trump Up, Just Because Mueller Said You Can, Bruce Ledewitz Jul 2019

Don’T Lock Trump Up, Just Because Mueller Said You Can, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


The President’S Utterly Un-American Response To Dissent, Timothy Zick Jul 2019

The President’S Utterly Un-American Response To Dissent, Timothy Zick

Popular Media

No abstract provided.


Establishment Of Religion Supreme Court Appellate Division Third Department Jul 2019

Establishment Of Religion Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Equal Protection Supreme Court Appellate Division Third Department Jul 2019

Equal Protection Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Rockland County Jul 2019

Due Process Supreme Court Rockland County

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Third Department Jul 2019

Due Process Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Second Department Jul 2019

Due Process Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Jul 2019

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.


Due Process Pringle V. Wolfe (Decided 28, 1996) Jul 2019

Due Process Pringle V. Wolfe (Decided 28, 1996)

Touro Law Review

No abstract provided.


Due Process People V. Scott (Decided June 5, 1996) Jul 2019

Due Process People V. Scott (Decided June 5, 1996)

Touro Law Review

No abstract provided.


Due Process Court Of Appeals Jul 2019

Due Process Court Of Appeals

Touro Law Review

No abstract provided.


Supreme Court Queens County Jul 2019

Supreme Court Queens County

Touro Law Review

No abstract provided.


Double Jeopardy Jul 2019

Double Jeopardy

Touro Law Review

No abstract provided.


Double Jeopardy Supreme Court Appellate Division Second Department Jul 2019

Double Jeopardy Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.


Double Jeopardy Jul 2019

Double Jeopardy

Touro Law Review

No abstract provided.


July 19, 2019: Justice Stevens R.I.P., Bruce Ledewitz Jul 2019

July 19, 2019: Justice Stevens R.I.P., Bruce Ledewitz

Hallowed Secularism

Blog post, “Justice Stevens R.I.P.“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Lieberman Et Al. V. Cassif Et Al., Esther Hayut, Neal Hendel, Uzi Vogelman, Isaac Amit, Noam Sohlberg, Menachem Mazuz, Anat Baron, George Karra, David Mintz Jul 2019

Lieberman Et Al. V. Cassif Et Al., Esther Hayut, Neal Hendel, Uzi Vogelman, Isaac Amit, Noam Sohlberg, Menachem Mazuz, Anat Baron, George Karra, David Mintz

Translated Opinions

1.         On March 6, 2019, the Central Elections Committee for the 21st Knesset approved a request for the disqualification of Dr. Ofer Cassif from running as a candidate for the Knesset on the Hadash-Ta’al list but rejected a request to disqualify the Hadash-Ta’al list. The Committee further accepted two requests to disqualify the Ra’am-Balad list and rejected three requests to disqualify Dr. Michael Ben Ari and Advocate Itamar Ben Gvir from standing for election. The decision to disqualify Cassif was submitted to the Supreme Court for approval, as required under sec. 7A(b) of Basic Law: The Knesset and sec. …


Symposium: 50 Years With The 25th Amendment: The Role Of The White House Counsel In The Twenty-Fifth Amendment: Advising On Presidential Disability, Nancy Kassop Jul 2019

Symposium: 50 Years With The 25th Amendment: The Role Of The White House Counsel In The Twenty-Fifth Amendment: Advising On Presidential Disability, Nancy Kassop

ConLawNOW

This article examines the role of the White House Counsel in counseling and advising the President and administration about the provisions of the Twenty-fifth Amendment providing for removal of the President when the President is unable to perform the duties of office. Throughout the amendment's history, presidents and their advisors have been reluctant to formally invoke it, fearing that a public admission of "disability" will weaken a president's political influence. The White House Counsel must often navigate between the legal and constitutional requirements of the amendment, on the one hand, and considerations of a President's continued political viability, on the …


The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian Jul 2019

The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian

Georgia Journal of International & Comparative Law

No abstract provided.


Building Integration Through The Bill Of Rights? The European Union At The Mirror, Graziella Romeo Jul 2019

Building Integration Through The Bill Of Rights? The European Union At The Mirror, Graziella Romeo

Georgia Journal of International & Comparative Law

No abstract provided.


July 14, 2019: Adam Gopnik Vs David Frum, Bruce Ledewitz Jul 2019

July 14, 2019: Adam Gopnik Vs David Frum, Bruce Ledewitz

Hallowed Secularism

Blog post, “Adam Gopnik vs David Frum“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Gabber V. Attorney General, Uzi Vogelman, Yael Willner, Daphne Barak-Erez Jul 2019

Gabber V. Attorney General, Uzi Vogelman, Yael Willner, Daphne Barak-Erez

Translated Opinions

This was an appeal of a judgment of the District Court that declared the Appellant extraditable to the United States. An indictment was filed against the Appellant with the Federal District Court of the State of California for producing child pornography, coercing and soliciting a minor to perform sexual acts, extortion, and distributing child pornography. The dispute in the proceeding revolved around a number of questions: whether the “center of gravity” of the offenses attributed to the Appellant is in the United States or in Israel, the implications of Basic Law: The Nation State, whether there was a delay in …


Canada's Assisted Human Reproduction Act: Pragmatic Reforms In Support Of Research, Tania M. Bubela, Erika Kleiderman, Zubin Master, Ubaka Ogbogu, Vardit Ravitsky, Amy Zarzeczny, Bartha Maria Knoppers Jul 2019

Canada's Assisted Human Reproduction Act: Pragmatic Reforms In Support Of Research, Tania M. Bubela, Erika Kleiderman, Zubin Master, Ubaka Ogbogu, Vardit Ravitsky, Amy Zarzeczny, Bartha Maria Knoppers

Office of the Provost

Canada's Assisted Human Reproduction Act is long overdue for Parliamentary review. We argue that the current regulation of research using human reproductive materials is not proportionate, not responsive to the uncertain threats posed to human and environmental health and safety, and is not considerate of diverse values in a democratic society. We propose tailored regulatory carve-outs for in vitro research for currently prohibited activities, such as gene editing, and for the exercise of Ministerial Discretion for access by Canadians to experimental in vivo interventions that are currently prohibited, such as mitochondrial replacement therapy. Our recommendations are bounded by constitutional constraints …


July 4, 2019: Happy Fourth, Bruce Ledewitz Jul 2019

July 4, 2019: Happy Fourth, Bruce Ledewitz

Hallowed Secularism

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


Recent Developments, Raelynn J. Hillhouse Jul 2019

Recent Developments, Raelynn J. Hillhouse

Arkansas Law Review

No abstract provided.


A Constellation Of Benefits And A Universe Of Equal Protection: The Extension Of The Right To Marry Under Pavan V. Smith, Brad Aldridge Jul 2019

A Constellation Of Benefits And A Universe Of Equal Protection: The Extension Of The Right To Marry Under Pavan V. Smith, Brad Aldridge

Arkansas Law Review

In 2015, the Supreme Court of the United States in Obergefell v. Hodges recognized the constitutional right of all persons, including same-sex couples, to lawfully marry. In 2017, in Pavan v. Smith, the Court recognized that Obergefell extends that right to much more than the act of marriage in itself. Any person who would have been denied the right to marry the person of her choice before Obergefell now enjoys not only the rights of marriage licensing and recognition, but also the full “constellation” of rights and responsibilities that attend marriage among traditional opposite-sex couples. The Court believed that this …


What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray Jul 2019

What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray

Arkansas Law Review

The 200th anniversary of the 1819 Supreme Court decision McCulloch v. Maryland offers scholars a special opportunity to study the shortcomings of the federal The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as they were revealed by FEMA’s failures in Puerto Rico during and after Hurricane Maria. Under Article I, Section 8 of the Constitution, as it has been interpreted by McCulloch, a law passed by Congress must be necessary and proper for executing its powers. In light of the expansive capacities allotted for disaster relief under the Stafford Act, and the catastrophic failure of FEMA to provide …


Overruling Mcculloch?, Mark A. Graber Jul 2019

Overruling Mcculloch?, Mark A. Graber

Arkansas Law Review

Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress. This claim was probably based on inside information. Webster was a close association of Justice Joseph Story. The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day. Even if Webster lacked first-hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism. …


M'Culloch In Context, Mark R. Killenbeck Jul 2019

M'Culloch In Context, Mark R. Killenbeck

Arkansas Law Review

M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example, very few …