Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Supreme Court of the United States (225)
- First Amendment (220)
- Courts (216)
- Legal History (191)
- Jurisprudence (190)
-
- Civil Rights and Discrimination (187)
- Criminal Law (163)
- Law and Society (135)
- State and Local Government Law (125)
- Law and Politics (119)
- Judges (117)
- Criminal Procedure (101)
- International Law (101)
- Fourteenth Amendment (98)
- Administrative Law (97)
- Comparative and Foreign Law (83)
- Religion Law (83)
- Jurisdiction (82)
- President/Executive Department (77)
- Law and Gender (68)
- Legislation (67)
- Human Rights Law (62)
- Health Law and Policy (60)
- Education Law (58)
- Social and Behavioral Sciences (56)
- Public Law and Legal Theory (54)
- Property Law and Real Estate (52)
- Labor and Employment Law (51)
- Institution
-
- Vanderbilt University Law School (279)
- Duke Law (149)
- University of Colorado Law School (137)
- The University of Akron (126)
- Washington and Lee University School of Law (104)
-
- Pepperdine University (76)
- University of Georgia School of Law (76)
- American University Washington College of Law (75)
- Boston University School of Law (75)
- Columbia Law School (72)
- West Virginia University (71)
- Maurer School of Law: Indiana University (67)
- Georgetown University Law Center (63)
- William & Mary Law School (56)
- Touro University Jacob D. Fuchsberg Law Center (54)
- Northwestern Pritzker School of Law (53)
- Notre Dame Law School (48)
- St. Thomas University College of Law (48)
- University of Maryland Francis King Carey School of Law (46)
- Osgoode Hall Law School of York University (38)
- University of Oklahoma College of Law (35)
- Cleveland State University (24)
- University of Maine School of Law (24)
- University of Arkansas Little Rock (23)
- Florida State University College of Law (21)
- Schulich School of Law, Dalhousie University (21)
- University of Baltimore Law (20)
- University of Richmond (17)
- Villanova University Charles Widger School of Law (15)
- BLR (14)
- Publication Year
- Publication
-
- Faculty Scholarship (347)
- Vanderbilt Law Review (177)
- Publications (128)
- Scholarly Works (76)
- West Virginia Law Review (70)
-
- Georgetown Law Faculty Publications and Other Works (61)
- Pepperdine Law Review (61)
- Vanderbilt Journal of Transnational Law (61)
- ConLawNOW (60)
- Akron Law Review (59)
- Journal Articles (57)
- Washington and Lee Law Review (51)
- Touro Law Review (44)
- St. Thomas Law Review (42)
- Vanderbilt Law School Faculty Publications (40)
- American University Law Review (37)
- Faculty Publications (35)
- Faculty Working Papers (35)
- Osgoode Hall Law Journal (35)
- William & Mary Bill of Rights Journal (32)
- Law Faculty Publications (31)
- Supreme Court Case Files (31)
- Articles by Maurer Faculty (29)
- All Faculty Scholarship (26)
- Scholarly Articles in Law Reviews & Journals (24)
- Maine Law Review (23)
- Maryland Law Review (23)
- Indiana Law Journal (21)
- Law Faculty Scholarship (21)
- Oklahoma Law Review (19)
- Publication Type
- File Type
Articles 1171 - 1200 of 2338
Full-Text Articles in Constitutional Law
Effectuating Principles Of Federalism: Reevaulating The Federal Spending Power As The Great Tenth Amendment Loophole, Ryan C. Squire
Effectuating Principles Of Federalism: Reevaulating The Federal Spending Power As The Great Tenth Amendment Loophole, Ryan C. Squire
Pepperdine Law Review
No abstract provided.
The Myth Of Jus Tractatus In La Belle Province: Quebec's Gérin-Lajoie Statement, Stéphane Beaulac
The Myth Of Jus Tractatus In La Belle Province: Quebec's Gérin-Lajoie Statement, Stéphane Beaulac
Dalhousie Law Journal
There is much debate in Quebec challenging the traditional stance on jus tractatus," prevalent for nearly 100 years, to the effect that the federal government enjoys plenary power to enter into international treaties, whether the subject matter is federal or provincial. The paper argues that Quebec's Gdrin-Lajoie "doctrine" has become a myth over the years, liable to have a huge semiotic effect, creating the perception that there is an incontestably true legal basis for provincial treatymaking power After dwelling upon the ontological understanding of mythology, the author shows that the constitutional practice since the emancipation from Great Britain, as well …
Separate But Equal: Miranda's Rights To Silence And Counsel, Steven P. Grossman
Separate But Equal: Miranda's Rights To Silence And Counsel, Steven P. Grossman
All Faculty Scholarship
Three decades ago, the Supreme Court created a dubious distinction between the rights accorded to suspects in custody who invoke their right to silence and who invoke their right to counsel. This distinction significantly disadvantages those who do not have the good sense or good fortune to specify they want an attorney when they invoke their right to remain silent. This article argues that this distinction was flawed at its genesis and that it has led to judicial decisions that are inconsistent, make little sense, and permit police behavior that substantially diminishes the right to silence as described in Miranda …
A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald
A Reluctant Apology For Plessy: A Response To Akhil Amar, Barry P. Mcdonald
Pepperdine Law Review
A response to the article "Plessy v. Ferguson and the Anti-Canon," by Akhil Amar, published in the November 2011 issue of the "Pepperdine Law Review," is presented. Topics include an examination of Justice Henry Billings Brown's decision in the case, the constitutionality of segregating U.S. citizens by race, and the impact of public opinion on U.S. Supreme Court decisions.
Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar
Plessy V. Ferguson And The Anti-Canon, Akhil Reed Amar
Pepperdine Law Review
The article focuses on the U.S. Supreme Court case Plessy v. Ferguson, which dealt with the constitutionality of racial segregation in the U.S. Topics include the application of precedent in controversial U.S. Supreme Court cases, when the U.S. Constitution can overrule a court decision, and dissenting judicial opinions.
The Bin Laden Exception, Erik Luna
The Bin Laden Exception, Erik Luna
Scholarly Articles
Osama bin Laden's demise provides an opportune moment to reevaluate the extraordinary measures taken by the U.S. government in the "war on terror," with any reassessment incorporating the threat posed by al Qaeda and other terrorist organizations. Some modest analysis suggests that terrorism remains a miniscule risk for the average American, and it hardly poses an existential threat to the United States. Nonetheless, terrorism-related fears have distorted the people's risk perception and facilitated dubious public policies, exemplified here by a series of programs implemented by the Transportation Security Administration (TSA). Among other things, this agency has adopted costly technology and …
The Legal Significance Of Adolescent Development On The Right To Counsel: Establishing The Constitutional Right To Counsel For Teens In Child Welfare Matters And Assuring A Meaningful Right To Counsel In Delinquency Matters, Michael J. Dale, Jennifer K. Pokempner, Riya Saha Shah, Mark F. Houldin, Robert G. Schwartz
The Legal Significance Of Adolescent Development On The Right To Counsel: Establishing The Constitutional Right To Counsel For Teens In Child Welfare Matters And Assuring A Meaningful Right To Counsel In Delinquency Matters, Michael J. Dale, Jennifer K. Pokempner, Riya Saha Shah, Mark F. Houldin, Robert G. Schwartz
Faculty Scholarship
No abstract provided.
Law's Public/Private Structure, Christian Turner
Law's Public/Private Structure, Christian Turner
Scholarly Works
Often derided for its incoherence or uselessness, the public/private distinction is rarely studied explicitly outside the state action doctrine in Constitutional Law. To ignore this distinction, however, is to miss the most fundamental sorting criterion in our law. Distinguishing whether public or private entities control (a) law creation and definition and (b) prosecution leads to a simple yet powerful taxonomy of legal systems. The taxonomy characterizes legal systems in terms of control over decisionmaking by our most basic institutional forms: the public and private. Thus, the proper categorization of laws within the system, for example whether a policy should be …
Making The Most Of United States V. Jones In A Surveillance Society: A Statutory Implementation Of Mosaic Theory, Christopher Slobogin
Making The Most Of United States V. Jones In A Surveillance Society: A Statutory Implementation Of Mosaic Theory, Christopher Slobogin
Vanderbilt Law School Faculty Publications
In the Supreme Court's recent decision in United States v. Jones, a majority of the Justices appeared to recognize that under some circumstances aggregation of information about an individual through governmental surveillance can amount to a Fourth Amendment search. If adopted by the Court, this notion sometimes called "mosaic theory"-could bring about a radical change to Fourth Amendment jurisprudence, not just in connection with surveillance of public movements-the issue raised in Jonesbut also with respect to the government's increasingly pervasive record-mining efforts. One reason the Court might avoid the mosaic theory is the perceived difficulty of implementing it. This article …
The Constitutionality Of Federal Jurisdiction-Stripping Legislation And The History Of State Judicial Selection And Tenure, Brian T. Fitzpatrick
The Constitutionality Of Federal Jurisdiction-Stripping Legislation And The History Of State Judicial Selection And Tenure, Brian T. Fitzpatrick
Vanderbilt Law School Faculty Publications
Few questions in the field of Federal Courts have captivated scholars like the question of whether Congress can simultaneously divest both lower federal courts and the U.S. Supreme Court of jurisdiction to hear federal constitutional claims and thereby leave those claims to be litigated in state courts alone. Such a divestiture is known today as “jurisdiction stripping,” and, despite literally decades of scholarship on the subject, scholars have largely been unable to reconcile two widely held views: jurisdiction stripping should be unconstitutional because it deprives constitutional rights of adjudication by independent judges and jurisdiction stripping is nonetheless perfectly consistent with …
Swing Votes On The Current Supreme Court: The Joint Opinion In Casey And Its Progeny, R. Randall Kelso, Charles D. Kelso
Swing Votes On The Current Supreme Court: The Joint Opinion In Casey And Its Progeny, R. Randall Kelso, Charles D. Kelso
Pepperdine Law Review
No abstract provided.
International Law As Part Of Our Law: A Constitutional Perspective , Michael D. Ramsey
International Law As Part Of Our Law: A Constitutional Perspective , Michael D. Ramsey
Pepperdine Law Review
No abstract provided.
Double-Clicking On Fourth Amendment Protection: Encryption Creates A Reasonable Expectation Of Privacy, Sean J. Edgett
Double-Clicking On Fourth Amendment Protection: Encryption Creates A Reasonable Expectation Of Privacy, Sean J. Edgett
Pepperdine Law Review
No abstract provided.
Asbestos & The Sleeping Constitution, Griffin B. Bell
Asbestos & The Sleeping Constitution, Griffin B. Bell
Pepperdine Law Review
No abstract provided.
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
All Faculty Scholarship
In this article, I address the historical and doctrinal development of § 1983 local government liability, beginning with Monroe v. Pape in 1961 and culminating in the Supreme Court’s controversial 2011 failure to train decision in Connick v. Thompson. Connick has made it exceptionally difficult for § 1983 plaintiffs to prevail against local governments in failure to train cases. In the course of my analysis, I also consider the oral argument and opinions in Connick as well as various aspects of § 1983 doctrine. I ultimately situate Connick in the Court’s federalism jurisprudence which doubles back to Justice Frankfurter’s view …
Undoing Historical Wrongs: Law And Indigeneity In India, Pooja Parmar
Undoing Historical Wrongs: Law And Indigeneity In India, Pooja Parmar
Osgoode Hall Law Journal
Beginning with a close look at a recent call by the Supreme Court of India to undo the historical injustices done to the "original inhabitants" of the country, this paper examines similar calls for justice made by Jaipal Singh Munda, the most vocal representative of Adivasis in the Constituent Assembly of India between December 1946 and January 1950, when both the possibilities and limitations of addressing past injustices were being written into the Constitution of India. While drawing attention to debates and disagreements over righting certain past wrongs that remain largely absent from historical accounts of the Constitution's drafting, this …
They Saw A Protest: Cognitive Illiberalism And The Speech-Conduct Distinction, Dan M. Kahan, David A. Hoffman, Donald Braman, Danieli Evans, Jeffrey J. Rachlinski, Jeffrey J. Rachlinski, Jeffrey J. Rachlinski, Jeffrey J. Rachlinski
They Saw A Protest: Cognitive Illiberalism And The Speech-Conduct Distinction, Dan M. Kahan, David A. Hoffman, Donald Braman, Danieli Evans, Jeffrey J. Rachlinski, Jeffrey J. Rachlinski, Jeffrey J. Rachlinski, Jeffrey J. Rachlinski
Articles
“Cultural cognition” refers to the unconscious influence of individuals’ group commitments on their perceptions of legally consequential facts. We conducted an experiment to assess the impact of cultural cognition on perceptions of facts relevant to distinguishing constitutionally protected “speech” from unprotected “conduct.” Study subjects viewed a video of a political demonstration. Half the subjects believed that the demonstrators were protesting abortion outside of an abortion clinic, and the other half that the demonstrators were protesting the military’s “don’t ask, don’t tell” policy outside a campus recruitment facility. Subjects of opposing cultural outlooks who were assigned to the same experimental condition …
Is A Written Constitution Necessary?, Diarmuid F. O'Scannlain
Is A Written Constitution Necessary?, Diarmuid F. O'Scannlain
Pepperdine Law Review
No abstract provided.
Ewing V. California: Upholding California's Three Strikes Law, Robert Clinton Peck
Ewing V. California: Upholding California's Three Strikes Law, Robert Clinton Peck
Pepperdine Law Review
No abstract provided.
Congress's Power To Preempt The States, Stephen Gardbaum
Congress's Power To Preempt The States, Stephen Gardbaum
Pepperdine Law Review
In this Article, part of a symposium on federal preemption of state tort law, I build upon my earlier work on the nature of preemption to try and deepen the conceptual and constitutional foundations of the subject. I argue that this neglected dimension must be moved to center stage if preemption doctrine is to have a coherent and principled framework. In particular, the key issues are the nature, source, and limits of Congress's power to preempt the states. The result is that preemption should be understood as a discretionary power of Congress the source of which lies in the Necessary …
Back To The Basics: Looking Again To State Constitutions For Guidance On Forming A More Perfect Vice Presidency, Jamin Soderstrom
Back To The Basics: Looking Again To State Constitutions For Guidance On Forming A More Perfect Vice Presidency, Jamin Soderstrom
Pepperdine Law Review
No abstract provided.
American Influence On Israeli Law: Freedom Of Expression, Pnina Lahav
American Influence On Israeli Law: Freedom Of Expression, Pnina Lahav
Faculty Scholarship
This chapter provides a historical overview of the American influence on Israel’s jurisprudence of freedom of expression from the 1950s to the first decade of the twenty first century. The chapter uses the format of decades, presenting representative cases for each decade, to record the process by which Israeli judges incorporated and sometimes rejected themes from the U.S. jurisprudence of freedom of expression. In the course of discussing the jurisprudential themes the chapter also highlights the historical context in which the cases were decided, from the war in Korea and McCarthyism in the 1950s, to the process of globalization which …
Foreign Precedents And The Global Canon: A Preliminary Exploration, Noga Morag-Levine, Barbara Bean
Foreign Precedents And The Global Canon: A Preliminary Exploration, Noga Morag-Levine, Barbara Bean
Schmooze 'tickets'
No abstract provided.
Indentifying The Canon From The Anticanon, Haider Ala Hamoudi
Indentifying The Canon From The Anticanon, Haider Ala Hamoudi
Schmooze 'tickets'
No abstract provided.
Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg
Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg
Pepperdine Law Review
No abstract provided.
The Variable Morality Of Constitutional (And Other) Compromises: A Comment On Sanford Levinson's Compromise And Constitutionalism, Carrie Menkel-Meadow
The Variable Morality Of Constitutional (And Other) Compromises: A Comment On Sanford Levinson's Compromise And Constitutionalism, Carrie Menkel-Meadow
Pepperdine Law Review
This comment to Sanford Levinson's Brandeis lecture at Pepperdine focuses on the role and types of compromises made during several stages of constitutional processes, formative and constitutive, interpretive and on-going, as negotiated by Constitutional meaning makers (drafters and Supreme Court 'deciders'), and post hoc justifications. This essay discusses recent work on compromise as institutional design, pragmatic or principled, and regime defining and sustaining. Both the pejorative (compromise is unprincipled) and more positive (compromise accounts for the 'reality' and moral existence of different sides of an issue or polity) understandings of compromise are reviewed, in light of Professor Levinson's scholarship on …
Lessons From Lincoln: A Comment On Levinson, Steven D. Smith
Lessons From Lincoln: A Comment On Levinson, Steven D. Smith
Pepperdine Law Review
No abstract provided.
Constitutional Democracy, Human Dignity, And Entrenched Evil, Mark A. Graber
Constitutional Democracy, Human Dignity, And Entrenched Evil, Mark A. Graber
Pepperdine Law Review
The following essay pays tribute to Sandy Levinson's thoughts on constitutional compromises by paying tribute to the thoughts on constitutional compromises by our common mentor, Walter Murphy. Rather than directly engage in a dialogue with Compromise and Constitutionalism, the analysis below joins the preexisting dialogue between Professors Levinson and Murphy on how to construct a decent polity among people who have deep disputes over what constitutes political decency. Walter Murphy is unfortunately largely known to legal audiences only through the work of such outstanding mentees as Sandy Levinson, Jim Fleming, Christopher Eisgruber, Andrew Koppelman, Jennifer Nedelsky, and Robert George. Walter …
Compromise And Constitutionalism, Sanford Levinson
Compromise And Constitutionalism, Sanford Levinson
Pepperdine Law Review
Professor Levinson explores compromises (1) that went into the making of the United States Constitution, and (2) that have occurred in the Supreme Court's constitutional interpretation. He explores these compromises in light of Israeli philosopher Avishai Margalit's distinction between bad compromises and rotten compromises. "Rotten compromises" are indefensible except, perhaps, in the most exceptional of conditions. A "rotten political compromise" is one that agrees "to establish or maintain an inhuman regime, a regime of cruelty and humiliation, that is, a regime that does not treat humans as humans." Under this standard, Levinson identifies as rotten compromises the Constitution's protection of …
Introduction: Blessed Are The Compromisers?, Robert F. Cochran Jr.
Introduction: Blessed Are The Compromisers?, Robert F. Cochran Jr.
Pepperdine Law Review
No abstract provided.