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Articles 9841 - 9870 of 34994
Full-Text Articles in Constitutional Law
Silent Protest: A Catholic Justice Dissents In Buck V. Bell, Phillip Thompson
Silent Protest: A Catholic Justice Dissents In Buck V. Bell, Phillip Thompson
The Catholic Lawyer
No abstract provided.
There And Back Again? Police Reforms Through The Prism Of The Recruitment Decisions In The High Court And The Court Of Appeal, Festus M. Kinoti
There And Back Again? Police Reforms Through The Prism Of The Recruitment Decisions In The High Court And The Court Of Appeal, Festus M. Kinoti
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Expansion Of Charitable Choice, The Faith Based Initiative, And The Supreme Court's Establishment Clause Jurisprudence, Steven Fitzgerald
The Expansion Of Charitable Choice, The Faith Based Initiative, And The Supreme Court's Establishment Clause Jurisprudence, Steven Fitzgerald
The Catholic Lawyer
No abstract provided.
"Reasonable Accommodation" Under Title Vii: Is It Reasonable To The Religious Employee?, Thomas D. Brierton
"Reasonable Accommodation" Under Title Vii: Is It Reasonable To The Religious Employee?, Thomas D. Brierton
The Catholic Lawyer
No abstract provided.
Calling Crawford: Minnesota Declares A 911 Call Non-Testimonial In State V. Wright, Alistair Y. Raymond
Calling Crawford: Minnesota Declares A 911 Call Non-Testimonial In State V. Wright, Alistair Y. Raymond
Maine Law Review
In State v. Wright, 1 the State of Minnesota charged David Wright with possession of a firearm by a felon and two counts of second-degree assault against his girlfriend and her sister. A jury found Wright guilty on all charges and sentenced him to sixty months in jail for each crime, with sentences served concurrently. Wright’s girlfriend, R.R., and her sister, S.R., did not testify against him at trial. The prosecution, however, used the transcript of a 911 call placed by R.R. against Wright in the trial. Although the 911 call was hearsay, the court admitted it under Minnesota’s excited …
Parsing Personal Predilections: A Fresh Look At The Supreme Court's Cruel And Unusual Death Penalty Jurisprudence, Susan M. Raeker-Jordan
Parsing Personal Predilections: A Fresh Look At The Supreme Court's Cruel And Unusual Death Penalty Jurisprudence, Susan M. Raeker-Jordan
Maine Law Review
The now well-known case of Atkins v. Virginia decided that the execution of those with mental retardation constituted cruel and unusual punishment under the Eighth Amendment. The more recent case of Roper v. Simmons decided that execution of those who were under the age of eighteen when they committed their crimes also constituted cruel and unusual punishment. Both decisions changed the law that had existed since 1989, when the Court held in Penry v. Lynaugh and Stanford v. Kentucky that executions of members of both classes were not unconstitutional. Writing for the Court in Atkins v. Virginia, Justice Stevens was …
Kelo V. City Of New London-Wrongly Decided And A Missed Opportunity For Principled Line Drawing With Respect To Eminent Domain Takings, Orlando E. Delogu
Kelo V. City Of New London-Wrongly Decided And A Missed Opportunity For Principled Line Drawing With Respect To Eminent Domain Takings, Orlando E. Delogu
Maine Law Review
No eminent domain taking case in the last twenty-five years has excited the level of interest, attention, and debate as has Kelo v. City of New London. The Supreme Court’s decision has not quelled that debate. If anything the stridency, the emotional tenor, of the debate has increased. And in the few months since the decision came down, several dozen states (in the absence of any meaningful federal limitation on what constitutes “public use”) have proposed statutes or constitutional amendments that would limit their exercise of eminent domain (taking) powers. There is even talk of federal legislation to temper, to …
November 14, 2017: Going After A Defeated Political Opponent Is The End Of Democratic Life, Bruce Ledewitz
November 14, 2017: Going After A Defeated Political Opponent Is The End Of Democratic Life, Bruce Ledewitz
Hallowed Secularism
Blog post, “Going After a Defeated Political Opponent is the End of Democratic Life“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Mitchell V. Helms: Does Government Aid To Religious Schools Violate The First Amendment? An Extensive Analysis Of The Decision And Its Repercussions, Peter Swift
The Catholic Lawyer
No abstract provided.
Illusion Or Protection? Free Exercise Rights And Laws Mandating Insurance Coverage Of Contraception, Edward T. Mechmann, Esq.
Illusion Or Protection? Free Exercise Rights And Laws Mandating Insurance Coverage Of Contraception, Edward T. Mechmann, Esq.
The Catholic Lawyer
No abstract provided.
Constitutional Jurisprudence Of Law And Religion: Privacy V. Piety - Has The Supreme Court Petered Out?, Matthew A. Ritter, M.Div., J.D., Ph.D.
Constitutional Jurisprudence Of Law And Religion: Privacy V. Piety - Has The Supreme Court Petered Out?, Matthew A. Ritter, M.Div., J.D., Ph.D.
The Catholic Lawyer
No abstract provided.
Competing Accounts Of Interpretation And Practical Reasoning In The Debate Over Originalism, André Leduc
Competing Accounts Of Interpretation And Practical Reasoning In The Debate Over Originalism, André Leduc
The University of New Hampshire Law Review
This article explores two assumptions about constitutional law and the form of practical reasoning inherent in constitutional argument and decision that have shaped the debate over originalism. The first assumption—adopted by originalists—is that constitutional reasoning is a formalistic process. Originalism’s critics tacitly describe a very different and less formalistic model. The second assumption—shared by originalists and most of its critics alike—is that the central task of constitutional decision is to interpret the Constitution. Both of these assumptions are wrong. Constitutional argument is not, and cannot be, reduced to the formal model of reasoning tacitly employed in originalism. The critics of …
Measuring Brief (Cordelia Lear), Haley Chee, Mahesh Cleveland, Kevin Yolken
Measuring Brief (Cordelia Lear), Haley Chee, Mahesh Cleveland, Kevin Yolken
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (Brittain County, New Union), Spencer Newman, Davis Vaughn
Measuring Brief (Brittain County, New Union), Spencer Newman, Davis Vaughn
Pace Environmental Law Review Online Companion
No abstract provided.
Measuring Brief (U.S. Fish & Wildlife Service), David Sheaffer, Caitlin Brown, Jacob Simon
Measuring Brief (U.S. Fish & Wildlife Service), David Sheaffer, Caitlin Brown, Jacob Simon
Pace Environmental Law Review Online Companion
No abstract provided.
2017 Bench Memorandum
Pace Environmental Law Review Online Companion
No abstract provided.
2017 National Environmental Moot Court Competition Problem
2017 National Environmental Moot Court Competition Problem
Pace Environmental Law Review Online Companion
No abstract provided.
Consent Decrees, The Enlightenment, And The "Modern" Social Contract: A Case Study From Bates, Olmstead, And Maine's Separation Of Powers Doctrine, Dana E. Prescott
Consent Decrees, The Enlightenment, And The "Modern" Social Contract: A Case Study From Bates, Olmstead, And Maine's Separation Of Powers Doctrine, Dana E. Prescott
Maine Law Review
On December 17, 2004, the Maine Supreme Judicial Court, sitting as the Law Court, issued its decision in Bates v. Department of Behavioral & Developmental Services, which affirmed in part, and vacated in part, the decision of Superior Court Chief Justice Nancy Mills, and remanded for further proceedings in the so-called Augusta Mental Health Institute (AMHI) Consent Decree case. In the underlying litigation, patients at the mental health hospital filed motions for sanctions and findings of contempt alleging the State of Maine failed to comply with the 1990 Consent Decree and incorporated settlement agreement. After a seventeen-day trial on whether …
Alexis De Tocqueville And American Constitutional Law: On Democracy, The Majority Will, Individual Rights, Federalism, Religion, Civic Associations And Originalist Constitutional Theory, Philip C. Kissam
Maine Law Review
Count Alexis de Tocqueville's Democracy in America has been said to be "at once the best book ever written on democracy and the best book ever written on America. " This praise should perhaps be tempered by consideration of Tocqueville' s purposes and the historical circumstances within which he worked and understood both democracy and America. Yet Tocqueville's insights into American democracy as of the 1830s undoubtedly constitute a rich source of constitutional thought-either as support for particular constitutional principles or as constitutional ideas that should be contested. In a recent notable instance, John McGinnis has argued that Tocqueville's ideas …
Lincoln, The Constitution Of Necessity, And The Necessity Of Constitutions: A Reply To Professor Paulsen, Michael Kent Curtis
Lincoln, The Constitution Of Necessity, And The Necessity Of Constitutions: A Reply To Professor Paulsen, Michael Kent Curtis
Maine Law Review
The George W. Bush administration responded to the terrorist attacks of September 11th with far-reaching assertions of a vast commander-in-chief power that it has often insisted is substantially free of effective judicial or legislative checks. As Scott Shane wrote in the December 17, 2005 edition of the New York Times, "[f]rom the Government's detention of [American citizens with no or severely limited access to courts, and none to attorneys, families, or friends] as [alleged] 'enemy combatants' to the just disclosed eavesdropping in the United States without court warrants, the administration has relied on an unusually expansive interpretation of the president's …
Education Funding In Maine In Light Of Zelman And Locke: Too Much Play In The Joints?, Sarah M. Lavigne
Education Funding In Maine In Light Of Zelman And Locke: Too Much Play In The Joints?, Sarah M. Lavigne
Maine Law Review
The United States Supreme Court has struggled with the countervailing directives of the Free Exercise Clause and the Establishment Clause for decades. One area in which this battle has been particularly contentious is the issue of public funding of religious schools. On one hand, opponents argue that such funding is an impermissible co-mingling of church and state, thereby violating the Establishment Clause. Meanwhile, proponents of public funding of religious schools argue that, to withhold funding from religious schools would place a burden on those wishing to send their children to religious schools, thereby impermissibly preventing individuals from practicing their faith …
New Hampshire Motor Transport Association V. Rowe: Federal Preemption Of Maine's Attempt To Regulate Internet Sales Of Tobacco To Minors, Nathaniel D. Bryans
New Hampshire Motor Transport Association V. Rowe: Federal Preemption Of Maine's Attempt To Regulate Internet Sales Of Tobacco To Minors, Nathaniel D. Bryans
Maine Law Review
In New Hampshire Motor Transport Ass'n v. Rowe, trade associations sought a declaratory judgment that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) preempts a Maine law enacted to facilitate collection of state taxes and restrict the delivery of tobacco products to minors (the Tobacco Delivery Law). The district court granted the plaintiffs' second motion for summary judgment in part, finding that a single provision of little independent consequence escaped preemption, and enjoined enforcement of the preempted provisions. The state appealed to the United States Court of Appeals for the First Circuit, which held that most of Maine's Tobacco …
Defining "Disability" Under The Maine Human Rights Act After Whitney V. Wal-Mart Stores, Inc., Michael J. Anderson
Defining "Disability" Under The Maine Human Rights Act After Whitney V. Wal-Mart Stores, Inc., Michael J. Anderson
Maine Law Review
In Whitney v. Wal-Mart Stores, Inc., the Maine Supreme Judicial Court, sitting as the Law Court, was asked to determine whether the Maine Human Rights Act (MHRA) requires plaintiffs alleging disability discrimination to show that their condition substantially limits one or more major life activities. In determining that the MHRA does not require such a showing, the court effectively established that the MHRA was intended to protect a much broader range of medical conditions than its federal counterparts, the Rehabilitation Act of 1973 (Rehabilitation Act) and the Americans with Disabilities Act of 1990 (ADA). In so doing, the Whitney court …
Assigning Infringement Claims: Silvers V. Sony Pictures, Heather B. Sanborn
Assigning Infringement Claims: Silvers V. Sony Pictures, Heather B. Sanborn
Maine Law Review
The Copyright Act establishes protection for original, creative works of authorship as a means of providing ex ante incentives for creativity. But how real is that protection? Imagine that you have written a script and managed to have your play produced in a local community theater. A few years later, you find that a major Hollywood studio has taken your script, adapted it slightly, and made it into the next summer blockbuster, raking in millions without ever obtaining a license from you. Of course, you can sue them for infringement. But how much will that litigation cost and what are …
The Diversity Rationale For Affirmative Action In Military Contracting, Hugh B. Mcclean
The Diversity Rationale For Affirmative Action In Military Contracting, Hugh B. Mcclean
Catholic University Law Review
Section 8(a) of the Small Business Act (the ‘‘8(a) program’’) is a federal contracting program that permits the government to award certain contracts to members of designated racial groups that own small businesses. Courts have denied facial challenges to the program, but have upheld challenges alleging the program is unconstitutional as applied to particular industries. As a result, the military is banned from using the program in at least one industry, and inherits significant risk when using the program in other industries. The government has never articulated a diversity rationale to justify the use of race-conscious measures in the military …
Protecting The Rights Of The Mentally Disabled In Administrative Proceedings, Robert T. Drapkin
Protecting The Rights Of The Mentally Disabled In Administrative Proceedings, Robert T. Drapkin
The Catholic Lawyer
No abstract provided.
When Will The Law Catch Up With Technology? Jaycee B. V. Superior Court Of Orange County: An Urgent Cry For Legislation On Gestational Surrogacy, Laura A. Brill
When Will The Law Catch Up With Technology? Jaycee B. V. Superior Court Of Orange County: An Urgent Cry For Legislation On Gestational Surrogacy, Laura A. Brill
The Catholic Lawyer
No abstract provided.
A Modest Proposal, William J. Mitchell
Due Process: Constitutional Rights And The Stigma Of Sexual Abuse Allegations In Child Custody Proceedings, Colleen Mcmahon
Due Process: Constitutional Rights And The Stigma Of Sexual Abuse Allegations In Child Custody Proceedings, Colleen Mcmahon
The Catholic Lawyer
No abstract provided.
The Regulation Of Indecent Material Accessible To Children On The Internet, Joel Sanders
The Regulation Of Indecent Material Accessible To Children On The Internet, Joel Sanders
The Catholic Lawyer
No abstract provided.