Constitutional Law Commons^™

The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

19 pages.

"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"

Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

4 pages.

"Eric T. Freyfogle, Max L. Rowe Professor of Law, University of Illinois College of Law"

Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

16 pages.

Includes bibliographical references

The Wall Falls, Bruce Ledewitz

Ledewitz Papers

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

Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.

Constitution Day, 2007, Robert Berry

Librarian Publications

Robert Berry, the research librarian for the social sciences at the Ryan Matura Library, has written an essay about the Constitution and the American founding, on the occasion of Constitution Day 2007 at Sacred Heart University.

If The Judicial Confirmation Process Is Broken, Can A Statute Fix It?, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.

For A New Order In The Court, Bruce Ledewitz

Ledewitz Papers

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

The Headscarf As Threat? A Comparison Of German And American Legal Discourses, Robert A. Kahn

ExpressO

In this article I compare how American and German judges conceptualize the harm the headscarf poses to society. My examples are the 2003 Ludin case, in which the German Federal Constitutional Court held that the civil service, in the absence of state regulation, could not reject a woman from a civil service teaching position solely because she would not remove her headscarf while teaching; and State v. Freeman, in which a Florida court held that a woman could not pose for a drivers license wearing a garment (the niqab) that covered all of her face except her eyes. While judges …

Religious Expression And Symbolism In The American Constitutional Tradition: Government Neutrality, But Not Indifference, Daniel O. Conkle

Indiana Journal of Global Legal Studies

In this article, I describe and analyze three principles of First Amendment doctrine. First, the Establishment Clause generally forbids governmental expression that has the purpose or effect of promoting or endorsing religion. Second, and conversely, private religious expression is broadly defined and is strongly protected by the Free Speech Clause. Third, as an implicit exception to the first principle, the government itself is sometimes permitted to engage in expression that seemingly does promote and endorse religion, but only when the expression is noncoercive, nonsectarian, and embedded within (or at least in harmony with) longstanding historical tradition. Comparing these three principles …

Church And State In The United States: Competing Conceptions And Historic Changes, Douglas Laycock

Indiana Journal of Global Legal Studies

This article, originally written for a French audience, attempts to explain the American law of church and state from the ground up, assuming no background information. Basic legal provisions are explained. The relevant American history is periodized in three alignments of religious conflict: Protestant-Protestant, Protestant-Catholic, and religious-secular. Some frequently heard concepts are explained, distinguished, and related to each other-separation, voluntarism, equality, formal and substantive neutrality, liberty, toleration, and state action. Finally, the principal disputes over religious liberty are assessed in three broad areas-funding of religiously affiliated activities, religious speech (with and without government sponsorship), and regulation of religious practice. These …

Laïcité In The United States Or The Separation Of Church And State In Pluralist Society, Elisabeth Zoller

Indiana Journal of Global Legal Studies

No abstract provided.

The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum

San Diego International Law Journal

This Article will examine the role that the danger test has played in the decisions of American courts and, more recently, in the decisions of British courts and the enforcement organs of the European Convention. Part I will briefly trace the immediate Anglo-American constitutional background from which the danger test emerged. It particular, it will examine the way in which the common law offense of seditious libel was defined by British judges and judicial commentators in the late nineteenth century. Part II will focus on the evolution in American law of judicial attempts to articulate both a "content-based" and an …

Keep These Branches Untangled, Bruce Ledewitz

Ledewitz Papers

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

Protecting Posterity: Economics, Abortion, Politics, And The Law, Bruce Ledewitz

Ledewitz Papers

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

Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.

Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman

Scholarly Works

No abstract provided.

Parity/Disparity: Electoral Gender Inequality On The Tightrope Of Liberal Constitutional Traditions, Darren Rosenblum

Faculty Publications

(Excerpt)

To force an end to the seemingly interminable war with Sparta, Lysistrata, the title character in Aristophanes’ comedy, exhorts the women of Athens to achieve peace by arousing their husbands’ desires while refusing them any gratification. This political act would force the men to end the war: “[d]oesn’t matter what they threaten to do — even if they try to set fire to the place — they won’t make us open the gates except on our own terms.”

Two thousand three hundred years later, democracy and gender still have a tortured relationship. Although most democracies provided women with the …

Ii Finanziamento Delle Ricerche Sulle Cellule Staminali In Europa E Negli Usa, O. Carter Snead

Journal Articles

Funding for stem cell research in Europe and the USA written in Italian. No translation available.

In Pittsburgh, Freedom Abridged, Bruce Ledewitz

Ledewitz Papers

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

Make >Em Fess Up, Bruce Ledewitz

Ledewitz Papers

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

The End Of American Democracy?, Bruce Ledewitz

Ledewitz Papers

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

Up Against The Wall Of Separation: The Question Of Religious Democracy, Bruce Ledewitz

Ledewitz Papers

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

The Present And Future Of Federalism, Bruce Ledewitz

Ledewitz Papers

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

Regulating Section 527 Organizations, Guy-Uriel Charles, Gregg D. Polsky

Faculty Scholarship

No abstract provided.

Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

This Article presents a framework for interpreting Congress's September 18, 2001 Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism. The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention to the …

La Vida Considerada Como Cosa: Un Error Norteamericano Fundamental, Richard Stith

Law Faculty Publications

El autor explica un error fundamental que puede subyacer a la aprobación, por el Tribunal Supremo norteamericano en el año 2000, del aborto durante el parto. Este error consiste en concebir la vida física como una mera cosa, como algo que puede existir sin que haya un ser humano que la viva. En cuanto al aborto, el error radica en la confusión entre desarrollo y construcción (del feto), confusión debida en parte a ciertas creencias medievales ya superadas por la ciencia moderna. En la segunda mitad del artículo, el autor sostiene que un error semejante puede proporcionar fácilmente un argumento …

The Bright Future Of Gay Marriage, Bruce Ledewitz

Ledewitz Papers

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

Justice Harlan’S Law And Democracy, Bruce Ledewitz

Ledewitz Papers

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

A Constitution For Everyone, Bruce Ledewitz

Ledewitz Papers

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