Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Politics (272)
- Law and Philosophy (253)
- Courts (80)
- State and Local Government Law (64)
- Social and Behavioral Sciences (63)
-
- Administrative Law (45)
- Land Use Law (45)
- Property Law and Real Estate (45)
- Public Affairs, Public Policy and Public Administration (44)
- Environmental Sciences (43)
- Natural Resources Management and Policy (43)
- Physical Sciences and Mathematics (43)
- Comparative and Foreign Law (42)
- Legislation (42)
- Environmental Law (40)
- Natural Resources Law (39)
- Legal History (38)
- International Law (34)
- Law and Society (34)
- Civil Rights and Discrimination (31)
- Environmental Policy (29)
- Life Sciences (28)
- Jurisprudence (27)
- Public Policy (26)
- Litigation (25)
- Oil, Gas, and Mineral Law (25)
- Supreme Court of the United States (24)
- Water Resource Management (24)
- Institution
-
- Duquesne University (254)
- University of Colorado Law School (46)
- Touro University Jacob D. Fuchsberg Law Center (33)
- Duke Law (31)
- William & Mary Law School (26)
-
- Pepperdine University (13)
- University of Georgia School of Law (12)
- University of Michigan Law School (12)
- Osgoode Hall Law School of York University (9)
- Maurer School of Law: Indiana University (7)
- University of Richmond (7)
- St. Mary's University (5)
- West Virginia University (5)
- Cleveland State University (4)
- Notre Dame Law School (4)
- Sacred Heart University (4)
- University of Miami Law School (4)
- University of New Hampshire (4)
- Liberty University (3)
- Louisiana State University Law Center (3)
- Pace University (3)
- University of Baltimore Law (3)
- University of Oklahoma College of Law (3)
- Western New England University (3)
- American University Washington College of Law (2)
- BLR (2)
- Columbia Law School (2)
- Georgetown University Law Center (2)
- Loyola Marymount University and Loyola Law School (2)
- St. John's University School of Law (2)
- Publication Year
- Publication
-
- Ledewitz Papers (163)
- Newspaper Columns (87)
- Faculty Scholarship (37)
- Touro Law Review (28)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (15)
-
- Faculty Publications (14)
- Pepperdine Law Review (13)
- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (12)
- William & Mary Law Review (12)
- Georgia Journal of International & Comparative Law (10)
- Osgoode Hall Law Journal (9)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (8)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (8)
- University of Richmond Law Review (7)
- Michigan Law Review (6)
- Scholarly Works (6)
- Journal Articles (5)
- West Virginia Law Review (5)
- Articles (4)
- Indiana Journal of Global Legal Studies (4)
- All Faculty Scholarship (3)
- Barker Papers (3)
- Librarian Publications (3)
- Michigan Journal of International Law (3)
- Publications (3)
- University of Miami Inter-American Law Review (3)
- William & Mary Bill of Rights Journal (3)
- Catholic University Law Review (2)
- Cleveland State Law Review (2)
- Dignity: A Journal of Analysis of Exploitation and Violence (2)
- Publication Type
Articles 271 - 300 of 537
Full-Text Articles in Constitutional Law
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Robert Taylor, An Appreciation, Bruce Ledewitz
Robert Taylor, An Appreciation, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
“Early-Bird Special” Indeed!: Why The Tax Anti-Injunction Act Permits The Present Challenges To The Minimum Coverage Provision, Neil S. Siegel, Michael C. Dorf
“Early-Bird Special” Indeed!: Why The Tax Anti-Injunction Act Permits The Present Challenges To The Minimum Coverage Provision, Neil S. Siegel, Michael C. Dorf
Faculty Scholarship
In view of the billions of dollars and enormous effort that might otherwise be wasted, the public interest will be best served if the Supreme Court of the United States decides the present challenges to the Patient Protection and Affordable Care Act (ACA) during its October 2011 Term. Potentially standing in the way, however, is the federal Tax Anti-Injunction Act (TAIA), which bars any “suit for the purpose of restraining the assessment or collection of any tax.” The dispute to date has turned on the fraught and complex question of whether the ACA's exaction for being uninsured qualifies as a …
Not The Power To Destroy: An Effects Theory Of The Tax Power, Neil S. Siegel, Robert D. Cooter
Not The Power To Destroy: An Effects Theory Of The Tax Power, Neil S. Siegel, Robert D. Cooter
Faculty Scholarship
The Supreme Court’s “new federalism” decisions impose modest limits on the regulatory authority of Congress under the Commerce Clause. According to those decisions, the Commerce Clause empowers Congress to use penalties to regulate interstate commerce, but not to regulate noncommercial conduct. What prevents Congress from penalizing non-commercial conduct by calling a penalty a tax and invoking the Taxing Clause? The only obstacle is the distinction between a penalty and a tax for purposes of Article I, Section 8. In National Federation of Independent Business v. Sebelius (NFIB), the Court considered whether the minimum coverage provision in the Patient …
The Liberty Of Free Riders: The Minimum Coverage Provision, Mill’S “Harm Principle,” And American Social Morality, Jedediah Purdy, Neil S. Siegel
The Liberty Of Free Riders: The Minimum Coverage Provision, Mill’S “Harm Principle,” And American Social Morality, Jedediah Purdy, Neil S. Siegel
Faculty Scholarship
In this Article, the authors show that cost-shifting and adverse selection problems link the federalism dimension of the debate over the Affordable Care Act to the doctrinally separate and suppressed individual rights dimension. As the scope of these free-rider problems justifies federal power to require individuals to obtain health insurance coverage, so the very existence of the free-rider problems illuminates the difficulty of arguing directly — as opposed to indirectly through the Commerce Clause — that the minimum coverage provision infringes individual liberty. The interdependence between some people’s decisions to forgo insurance and the well-being of other people means that …
Sorrell V. Ims Health And The End Of The Constitutional Double Standard, Ernest A. Young
Sorrell V. Ims Health And The End Of The Constitutional Double Standard, Ernest A. Young
Faculty Scholarship
No abstract provided.
Section 2 Is Dead: Long Live Section 2, Guy-Uriel Charles
Section 2 Is Dead: Long Live Section 2, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein
Catholic University Law Review
No abstract provided.
Constitution Day 2012: The American Judiciary, Robert Berry
Constitution Day 2012: The American Judiciary, Robert Berry
Librarian Publications
Robert Berry, research librarian for the social sciences at the Sacred Heart University Library, has written an essay about the role of the American Judiciary in interpreting laws of the United States government. The essay was written for the occasion of Constitution Day 2012 at Sacred Heart University.
Slavery In The United States: Persons Or Property?, Paul Finkelman
Slavery In The United States: Persons Or Property?, Paul Finkelman
Faculty Scholarship
No abstract provided.
Direct And Indirect U.S. Government Debt, Steven L. Schwarcz
Direct And Indirect U.S. Government Debt, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Step Down, Justice Melvin, Bruce Ledewitz
Step Down, Justice Melvin, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Justice’S Suspension Is Dubious, Bruce Ledewitz
Justice’S Suspension Is Dubious, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
It’S Time To Reconsider Graduation Prayer In Public High Schools, Bruce Ledewitz
It’S Time To Reconsider Graduation Prayer In Public High Schools, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann
University of Richmond Law Review
Part I of this comment provides a brief review of Furmanandthe circumstances leading to the decision. Part II discusses thefactors indicating current arbitrariness and other recurring factors surrounding the American death penalty. Part III examines the development of the Cruel and Unusual Punishments Clause since Furman. Finally, Part IV discusses how the Supreme Court should apply its contemporary Eighth Amendment doctrine to the current circumstances surrounding the imposition of the death penalty.
Islam, Judaism And The Murders At Itamar, Bruce Ledewitz
Islam, Judaism And The Murders At Itamar, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
What About The Morality Of Torture, Results Aside?, Bruce Ledewitz
What About The Morality Of Torture, Results Aside?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Incredible Shrinking Free Exercise Clause, Bruce Ledewitz
The Incredible Shrinking Free Exercise Clause, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
An Essay Concerning Judicial Resignation And Non-Cooperation In The Presence Of Evil, Bruce Ledewitz
An Essay Concerning Judicial Resignation And Non-Cooperation In The Presence Of Evil, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Amicus Brief Of Antitrust Professors And Scholars, Hosanna-Tabor Evangelical Lutheran Church And School V. Eeoc, Barak D. Richman, Harry First
Amicus Brief Of Antitrust Professors And Scholars, Hosanna-Tabor Evangelical Lutheran Church And School V. Eeoc, Barak D. Richman, Harry First
Faculty Scholarship
Professional associations of clergy have invoked the ministerial exception to claim immunity from the antitrust laws. In claiming immunity, these clergy feel entitled to construct cartel-like arrangements that, absent such immunity, would violate section 1 of the Sherman Act, 15 U.S.C. § 1 (2006). The question presented in this case characterizes the ministerial exception as a bar to most “employment-related lawsuits brought against religious organizations by employees performing religious functions.” Such a characterization leaves open the possibility that “religious organizations” could include professional associations of clergy, in addition to churches, religious schools, or other employers of clergy, and “employment-related lawsuits” …
Four Constitutional Limits That The Minimum Coverage Provision Respects, Neil S. Siegel
Four Constitutional Limits That The Minimum Coverage Provision Respects, Neil S. Siegel
Faculty Scholarship
Opponents of the minimum coverage provision in the Affordable Care Act charge that if Congress can require most people to obtain health insurance or pay a certain amount of money, then Congress can impose whatever mandates it wishes—or, at least, whatever purchase mandates it wishes. This Essay refutes that claim by identifying four limits on the Commerce Clause that the minimum coverage provision honors. Congress may not use its commerce power: (1) to regulate noneconomic subject matter; (2) to impose a regulation that violates constitutional rights, including the right to bodily integrity; (3) to regulate at all, including by imposing …
The Constitutional And Contractual Controversy Of Suspicionless Drug Testing Of Public School Teachers, Amanda H. Cooley, Marka B. Fleming, Gwendolyn Mcfadden Wade
The Constitutional And Contractual Controversy Of Suspicionless Drug Testing Of Public School Teachers, Amanda H. Cooley, Marka B. Fleming, Gwendolyn Mcfadden Wade
Oklahoma Law Review
No abstract provided.
Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering—October 2009 Term, Richard Klein
Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering—October 2009 Term, Richard Klein
Scholarly Works
No abstract provided.
Biodefense And Constitutional Constraints, Laura K. Donohue
Biodefense And Constitutional Constraints, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
The United States and United Kingdom have different approaches to quarantine law that reflect each country’s unique historical context and constitutional structure. Under the Tudors, England vested quarantine authority in the monarch, with its subsequent exercise conducted by the military. As the constitutional structure changed, the manner in which quarantine was given effect subtly shifted, leading to constitutional reforms. Authorities transferred first to the Privy Council and, subsequently, to Parliament, where commercial interests successfully lobbied them out of existence. By the end of the 19th Century, quarantine authorities had been pushed down to the local port authorities. In the United …
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
Articles
No abstract provided.
On Equality: The Anti-Interference Principle, Donald J. Kochan
On Equality: The Anti-Interference Principle, Donald J. Kochan
University of Richmond Law Review
This essay seeks to summarize the general equality concept and proposes that equality requires that the government engage in anti-interference with individual choices and activities, so long as these things create no negative externalities for others. If we are serious about respecting equality, such interference actions should be avoided. Adopting an "anti-interference principle" is a necessary foundation for achieving the goal of true equality. The primary point is that equality matters. The purpose of this essay is not to survey the vast political, jurisprudential, and academic debate on equality, but instead, to take a broad look at the philosophical concept …
The Regrettable Clause: United States V. Comstock And The Powers Of Congress, H. Jefferson Powell
The Regrettable Clause: United States V. Comstock And The Powers Of Congress, H. Jefferson Powell
Faculty Scholarship
In this Article, Powell argues that in Comstock, the Court encountered one of the oldest and most basic constitutional issues about the scope of congressional power-whether there are justiciable limits to the range of legitimate ends Congress may pursue. The Justices, without fully recognizing the fact, were taking sides in an ancient debate, and in doing so, they inadvertently reopened an issue that ought to be deemed long settled. Part II of the Article first addresses the question before the Court in Comstock, which was limited to a pure question of Article I law: is a specific provision of a …
Burying The “Continuing Body” Theory Of The Senate, Aaron-Andrew P. Bruhl
Burying The “Continuing Body” Theory Of The Senate, Aaron-Andrew P. Bruhl
Faculty Publications
In the U.S. Senate, only one-third of the members stand for election every two years; the rest carry over from one congressional term to the next. In this regard the Senate differs from the House of Representatives, where all members stand for election every two-year cycle. That much is familiar, but what legal consequences flow from this structural difference? According to some legislators, courts, and commentators, this difference is very important in that it makes the Senate, but not the House, a "continuing body." The continuing-body idea is invoked to defend highly controversial aspects of Senate practice. By far the …
Constitutional Caution, Bruce Ledewitz
Constitutional Caution, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Future Of God—And Secularism, Bruce Ledewitz
The Future Of God—And Secularism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”