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Articles 5791 - 5820 of 34804
Full-Text Articles in Constitutional Law
Heads I Win, Tails You Lose: The Taxing Risk When Invoking The Fifth Amendment On A Tax Return, Jacob Hoback
Heads I Win, Tails You Lose: The Taxing Risk When Invoking The Fifth Amendment On A Tax Return, Jacob Hoback
University of Cincinnati Law Review
No abstract provided.
The Doctor Will Judge You Now, Blair E. Thompson
The Doctor Will Judge You Now, Blair E. Thompson
University of Cincinnati Law Review
No abstract provided.
Divorce Without Marriage: Taxing Property Transfers Between Cohabiting Adults, Keeva Terry
Divorce Without Marriage: Taxing Property Transfers Between Cohabiting Adults, Keeva Terry
University of Cincinnati Law Review
No abstract provided.
Those Constitutional Amendments Were Aimed At The Pa. Supreme Court As Much As They Were At Wolf, Bruce Ledewitz
Those Constitutional Amendments Were Aimed At The Pa. Supreme Court As Much As They Were At Wolf, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
May 26, 2021: I Might End Up Voting For A Republican--This Week's Column In The Pennsylvania Capital-Star, Bruce Ledewitz
May 26, 2021: I Might End Up Voting For A Republican--This Week's Column In The Pennsylvania Capital-Star, Bruce Ledewitz
Hallowed Secularism
Blog post, “I Might End Up Voting for a Republican--This Week's Column in the Pennsylvania Capital-Star“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 25, 2021: What Difference Does It Make If We Need God?, Bruce Ledewitz
May 25, 2021: What Difference Does It Make If We Need God?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Difference Does It Make If We Need God?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
"Reasonable Expectations," Takings Law Analysis And Administrative Decisions In Light Of Rith V. United States, C. Phillip Wheeler Jr.
"Reasonable Expectations," Takings Law Analysis And Administrative Decisions In Light Of Rith V. United States, C. Phillip Wheeler Jr.
Journal of Natural Resources & Environmental Law
No abstract provided.
In Defense Of The Indian Commerce Clause, Stephen Andrews
In Defense Of The Indian Commerce Clause, Stephen Andrews
American Indian Law Journal
No abstract provided.
Constitutional Hinderance, Dena Wake
Constitutional Hinderance, Dena Wake
Helm's School of Government Conference - 2021-2024
According to media outlets, the federal government has become the poster child for “Failure to Help the States” during this present crisis. It is nearly impossible to find an article or news segment that does not blame the federal government for the current pandemic. If the media is correct in blaming the federal government then why doesn’t the federal government just take over all COVID-19 related problems throughout the nation that would make everything easier according to the media. There are countless reasons why the federal government can’t take over, the ultimate reason being the Constitution, the law of the …
The Constitution, Covid-19, And Civil Disobedience: Federalism In Flames And The Slippery Slope To Socialism, Savannah Snyder
The Constitution, Covid-19, And Civil Disobedience: Federalism In Flames And The Slippery Slope To Socialism, Savannah Snyder
Helm's School of Government Conference - 2021-2024
Our Constitution has been devastatingly corrupted from its original design and vision amid the COVID-19 pandemic. Governors usurped authority in the name of crisis mitigation. Our unalienable rights have been macerated and pulverized by droves of executive orders, each delivering a calamitous blow to the integrity of the American republican framework. Socialized medicine is on the horizon as our compliance is coerced. Conventional civil disobedience has been regulatorily revoked. We have succumbed to the decrees of depraved men who maintain that education, religious expression, and pursuits of happiness can be invalidated by whatever transgressions the state deems necessary. For the …
How Unfettered Emergency Powers Have Led To The Disregard Of The Rule Of Law, Hannah Schanz
How Unfettered Emergency Powers Have Led To The Disregard Of The Rule Of Law, Hannah Schanz
Helm's School of Government Conference - 2021-2024
What a difference a day makes. How much more a month? A year? How different our world looked over a year ago before we knew about the COVID-19 virus. Children casually played on playgrounds during recesses; family and friends gathered at churches, weddings, and funerals; and over 40,000 fans cheered from the stadium as the Washington Nationals won their first World Series. But in March of 2020, dark clouds rolled in under which many Americans have still not felt the sunlight on their uncovered faces. School doors still remain shut. Churches, which were banned from meeting, forbidden from singing, and …
2-4-6-8 Who Do We Appreciate? The Third Circuit Scores A Touchdown For Student-Athlete Free Speech Rights, Nicolas Burnosky
2-4-6-8 Who Do We Appreciate? The Third Circuit Scores A Touchdown For Student-Athlete Free Speech Rights, Nicolas Burnosky
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Beyond The Green: The Legal Land Use Controls Involved With Golf Course Closures, Michael Schmidt
Beyond The Green: The Legal Land Use Controls Involved With Golf Course Closures, Michael Schmidt
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers
The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers
Master's Theses
The rising increase of Internally Displaced Persons (IDPs) has become a global problem. There are over 40 million internally displaced people globally, and 15.9 million are displaced in Africa. These displacements come into place due to war/conflict, corruption, massive human rights violations, natural disasters, urban renewal projects (at the hands of powerful nations such as America, China, France, UK, etc.), and large-scale development projects. According to UNHCR, refugees are people who have international cross-border. In contrast, internally displaced persons must stay within their own country and stay under the protection of their government, even if the government is the reason …
Striking The Balance Of Fairness And Inclusion: The Future Of Women's Sports After The Supreme Court's Landmark Decision In Bostock V. Clayton County,Ga, Jacqualyn Gillen
Striking The Balance Of Fairness And Inclusion: The Future Of Women's Sports After The Supreme Court's Landmark Decision In Bostock V. Clayton County,Ga, Jacqualyn Gillen
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Varying Interpretations Of The United States Constitution, Joseph Longo
The Varying Interpretations Of The United States Constitution, Joseph Longo
Helm's School of Government Conference - 2021-2024
The laws of these United States of America are in place to remedy the issues within and against American society by ensuring American’s citizens’ rights are protected against other citizens, organizations, and the government itself.[1] America’s founders gave future generations a framework, the supreme law of the land, to guide the path of the country in a way that they saw just.[2] The U.S. Constitution has been the framework for the American government and society for over 200 years to promote the country the founders of the nation had envisioned. The Constitutional debate today is over how this …
Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden
Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
The Right To Food In Puerto Rico: Where Colonialism And Disaster Meet, Gabriela Valentín Díaz
The Right To Food In Puerto Rico: Where Colonialism And Disaster Meet, Gabriela Valentín Díaz
University of Miami Inter-American Law Review
No abstract provided.
Marriage Mandates: Compelled Disclosures Of Race, Sex, And Gender Data In Marriage Licensing Schemes, Mikaela A. Phillips
Marriage Mandates: Compelled Disclosures Of Race, Sex, And Gender Data In Marriage Licensing Schemes, Mikaela A. Phillips
William & Mary Journal of Race, Gender, and Social Justice
This Note argues that mandatory disclosures of personal information—specifically race, sex, and gender—on a marriage license application constitute compelled speech under the First Amendment and should be subject to heightened scrutiny. Disclosing one’s race, sex, or gender on a marriage license application is an affirmative act, and individuals may wish to have their identity remain anonymous. These mandatory disclosures send a message that this information is still relevant to marriage regulation. Neither race nor gender is based in science; rather they are historical and social constructs created to uphold a system of white supremacy and heteronormativity. Thus, such statements are …
The Thirteenth Amendment And Equal Protection: A Structural Interpretation To "Free" The Amendment, Larry J. Pittman
The Thirteenth Amendment And Equal Protection: A Structural Interpretation To "Free" The Amendment, Larry J. Pittman
William & Mary Journal of Race, Gender, and Social Justice
The hope is that the Court will one day hold that the Thirteenth Amendment has its own equal protection clause or component and that strict scrutiny will not be used for benign racial classifications designed to eradicate current badges and incidents of slavery. This Article critiques the Court’s decision in the Civil Rights Cases regarding the scope of section 1 of the Amendment and it offers a holistic or structural interpretation of the Amendment to include an equal protection component and a lesser standard of review than strict scrutiny. Essentially, the Thirteenth Amendment, if properly used, could become a public …
Jus Ad Bellum, Natural Law And The 2003 Invasion Of Iraq, Johnny Davis
Jus Ad Bellum, Natural Law And The 2003 Invasion Of Iraq, Johnny Davis
Helm's School of Government Conference - 2021-2024
The legality of the invasion of Iraq is a vital question that goes to the heart of international law. The proper legal authority for military force and the overthrow of a sovereign government is the single most important area of international law.[1] This paper will consider whether the invasion of Iraq complied with the original intent of the Founding Fathers for the Constitutional authority to wage war and satisfied the requirements for a Just War under natural law.
Symposium: Examining Black Citizenship From Reconstruction To Black Lives Matter: Black Citizenship, Dehumanization, And The Fourteenth Amendment, Reginald Oh
ConLawNOW
The fight for full Black citizenship has been in large measure a fight against the systematic dehumanization of African Americans. Dehumanization is the process of treating people as less than human, as subhuman. Denying Blacks full and equal citizenship has gone hand in hand with denying their full humanity. To effectively promote equal citizenship for African Americans, therefore, requires an explicit commitment to ending their dehumanization. This essay examines the concept of dehumanization and its connection to formal, political, civil, and social citizenship. It elaborates on the less familiar idea of social citizenship, entailing the right to have personal relationships …
Public Reason, Rawlsian Restraint, And The Judiciary: The Influence Of Political Philosophy On Legal Scholars And Judges In Relation To Religious Liberty, Marc A. Clauson
Public Reason, Rawlsian Restraint, And The Judiciary: The Influence Of Political Philosophy On Legal Scholars And Judges In Relation To Religious Liberty, Marc A. Clauson
Helm's School of Government Conference - 2021-2024
This paper concerns the political theory of public reason in its application to religious freedom issues. Public reason, or its related idea, public justification, is in my estimation, just the latest extension of the problem of religious toleration in its particular relationship to the right of religious liberty. This latest expression of the toleration debate began, by most estimates, with John Rawls’ A Theory of Justice.[1] I will argue that in its Rawlsian form, public reason contains some serious flaws, which can be corrected by the work of political philosophers such as Gerald Gaus, Kevin Vallier and Michael Perry, …
The New Space Policy Regime And Its Financial Foundation, Tamara Campbell
The New Space Policy Regime And Its Financial Foundation, Tamara Campbell
Helm's School of Government Conference - 2021-2024
Post the global financial crisis of 2008, the National Aeronautical and Space Administration (NASA) sought to expand the space economy through a public policy of commercialization. This has brought major changes to the composition of space mission funding strategies, now repositioned as public private partnerships (P3s). Formed to fund space missions with private finance in lieu of public funding, P3s are investment and risk-sharing vehicles evaluated by financial intermediary institutions, insurers, and at times, the courts in the case where there is foreign direct investment (FDI) agreement. For this reason, it is arguable P3s have exceptional influence on the scope …
A Closer Look At Pa.’S Fraught 2021 Ballot Questions, Bruce Ledewitz
A Closer Look At Pa.’S Fraught 2021 Ballot Questions, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
May 12, 2021: A Closer Look At The Pa Ballot Questions, Bruce Ledewitz
May 12, 2021: A Closer Look At The Pa Ballot Questions, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Closer Look at the Pa Ballot Questions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 6, 2021: Opioids "Make The World Appear More Meaningful", Bruce Ledewitz
May 6, 2021: Opioids "Make The World Appear More Meaningful", Bruce Ledewitz
Hallowed Secularism
Blog post, "Opioids make the world appear more meaningful"““ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Villanova Environmental Law Journal (1991 - )
No abstract provided.
First Amendment Knowledge And Competence In United States Residents, Cynthia J. Najdowski, Kimberly M. Bernstein
First Amendment Knowledge And Competence In United States Residents, Cynthia J. Najdowski, Kimberly M. Bernstein
Psychology Faculty Scholarship
Lacking adequate knowledge about one's rights could inhibit the likelihood of exercising one's rights or lead one to unwittingly violate laws that place legitimate limits on these rights. Thus, the present research examines First Amendment knowledge as well as competence to apply this knowledge in relevant circumstances. Results revealed that one-quarter of participants failed a test of objective knowledge on First Amendment rights. Furthermore, participants' belief in their ability varied depending on their level of knowledge, in line with the Dunning–Kruger effect. Participants also failed to transfer their limited objective knowledge to “real-world” situations, exhibiting impaired First Amendment competence. These …
Zoning For Public Health: Why A National Land Use Scheme Is Essential To Sustainable Food Production, Victor J. Absil
Zoning For Public Health: Why A National Land Use Scheme Is Essential To Sustainable Food Production, Victor J. Absil
Villanova Environmental Law Journal (1991 - )
No abstract provided.