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Articles 9991 - 10020 of 35004
Full-Text Articles in Constitutional Law
Leveraging Academic Law Libraries To Expand Access To Justice, Paul Jerome Mclaughlin Jr.
Leveraging Academic Law Libraries To Expand Access To Justice, Paul Jerome Mclaughlin Jr.
Library Faculty Publications
Academic law libraries are in a unique position to help citizens gain access to the court system and legal information. By creating clinics that focus on helping pro se patrons find and complete legal forms, academic law libraries would not only benefit their schools but also the justice system.
In Re Parental Rights As To A.D.L., 133 Nev. Adv. Op. 72 (Oct. 5, 2017), Alexis Wendl
In Re Parental Rights As To A.D.L., 133 Nev. Adv. Op. 72 (Oct. 5, 2017), Alexis Wendl
Nevada Supreme Court Summaries
The Nevada Supreme Court held that (1) requiring a parent to admit guilt to a criminal act in order to maintain his or her parental rights violates that parent’s Fifth Amendment rights; and (2) substantial evidence must demonstrate that terminating parental rights is in the best interest of the children when a parent overcomes the presumptions in NRS 128.109(1)-(2).
The Religion Clauses Of The First Amendment: Where Is The Supreme Court Heading?, Michael W. Mcconnell
The Religion Clauses Of The First Amendment: Where Is The Supreme Court Heading?, Michael W. Mcconnell
The Catholic Lawyer
No abstract provided.
Gay Rights Coalition V. Georgetown University: Failure To Recognize A Catholic University's Religious Liberty, Paul E. O'Connell
Gay Rights Coalition V. Georgetown University: Failure To Recognize A Catholic University's Religious Liberty, Paul E. O'Connell
The Catholic Lawyer
No abstract provided.
New Constitutional And Penal Theory In Spanish Abortion Law, Richard Smith
New Constitutional And Penal Theory In Spanish Abortion Law, Richard Smith
The Catholic Lawyer
No abstract provided.
God's Green Earth? The Environmental Impacts Of Religious Land Use, Kellen Zale
God's Green Earth? The Environmental Impacts Of Religious Land Use, Kellen Zale
Maine Law Review
Boulder County, Colorado has been at the forefront of the environmental movement for decades. Starting with its citizens’ vote in 1967 to implement a tax specifically to preserve open space, the city has long been known for its progressive environmental policies. At the center of Boulder’s environmental protection efforts is a comprehensive system of land use regulations designed to mitigate the slow chokehold of ever-encroaching development on wetlands and open space, on groundwater and soils, and on wildlife and native species. Numerous communities across the country have followed Boulder’s much-praised model and enacted their own environmental zoning laws to protect …
Hate Speech In The Schools: A Potential Change In Direction, Kevin W. Saunders
Hate Speech In The Schools: A Potential Change In Direction, Kevin W. Saunders
Maine Law Review
The law regarding free expression and students in the public schools has long been somewhat confused. An early Supreme Court vindication of student speech rights has eroded over the years. Yet, it is perhaps unclear how great the erosion has been and how much of the original recognition still stands. This has left the lower courts rather unwilling to protect school students from hate speech, at least in cases where there has not been a history of such speech leading to disruption or even violence. Only recently has there been some sign of change in that regard, with a few …
"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn Mclain
Maine Law Review
Young children are frequently precluded from testifying at trial on the grounds of incompetency because they cannot answer questions about abstract concepts regarding “truth” and “lies.” In this situation, should the child’s earlier, out-of-court statements disclosing the abuse and identifying the abuser also be inadmissible? The stakes are huge. If young children cannot testify, and their out-of-court statements are precluded, they simply become safe prey, unprotected by the judicial system. The pivotal question becomes, are there procedures that can ensure fairness both to children and to their alleged abusers? This article argues that a child’s testimonial incapacity at trial ought …
November 4, 2017: America Is Recovering From President Obama, Bruce Ledewitz
November 4, 2017: America Is Recovering From President Obama, Bruce Ledewitz
Hallowed Secularism
Blog post, “America is Recovering from President Obama“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Zoning And The Location Of Religious Establishments, Kenneth Pearlman
Zoning And The Location Of Religious Establishments, Kenneth Pearlman
The Catholic Lawyer
No abstract provided.
Book Review: James Duane, You Have The Right To Remain Innocent: What Police Officers Tell Their Children About The Fifth Amendment, Cecily J. Mullins
Book Review: James Duane, You Have The Right To Remain Innocent: What Police Officers Tell Their Children About The Fifth Amendment, Cecily J. Mullins
ConLawNOW
In this essay, the student author reviews the book You Have the Right to Remain Innocent by James Duane, which emphasizes the inherent risks of speaking to the police, regardless of whether or not you have something to hide.
Book Review: Deborah Rhode, Women And Leadership, Vaughn Hokanson
Book Review: Deborah Rhode, Women And Leadership, Vaughn Hokanson
ConLawNOW
In this essay, the student author reviews the book Women & Leadership by Deborah Rhode, which offers potential solutions to the all-too-common challenges faced by those seeking to increase the number of women in top leadership positions.
A Look At The Fourth Amendment Implications Of Drone Surveillance By Law Enforcement Today, Mary Mara
A Look At The Fourth Amendment Implications Of Drone Surveillance By Law Enforcement Today, Mary Mara
ConLawNOW
This paper will examine the current state of drone technology and its increasing prevalence in private and public settings. As police agencies seek to incorporate this new technology into their crime-fighting arsenal, serious Fourth Amendment privacy considerations arise. Although a national debate rages in this country about the impact of modern technology on privacy rights, Congress, the Federal Aviation Authority (FAA), and the Supreme Court have yet to weigh in on the Fourth Amendment implications of warrantless drone surveillance by law enforcement. Furthermore, while some states have attempted to step into the breach by passing legislation which limits the use …
School Aid: Constitutional Issues After Aguilar V. Felton, Charles H. Wilson
School Aid: Constitutional Issues After Aguilar V. Felton, Charles H. Wilson
The Catholic Lawyer
No abstract provided.
School Aid: Constitutional Issues After Aguilar V. Felton, Wendell Lewis Willkie Ii
School Aid: Constitutional Issues After Aguilar V. Felton, Wendell Lewis Willkie Ii
The Catholic Lawyer
No abstract provided.
"Fowl" Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices, Latravia Smith
"Fowl" Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices, Latravia Smith
Alumni Works
Chickens raised specifically for meat production are the world’s most intensively farmed land animals. Yet, the existing legal frameworks that regulate the production and labeling of poultry products in the United States allow poultry producers to mistreat chickens, falsely distinguish poultry products, and defraud conscious consumers. This article proposes unique opportunities to improve poultry welfare in the United States’ agricultural industry and offers methods to ensure the accurate labeling of poultry products.
Chimpanzees In Court: Limited Legal Personhood Recognition For Standing To Challenge Captivity And Abuse, Davidson Anestal
Chimpanzees In Court: Limited Legal Personhood Recognition For Standing To Challenge Captivity And Abuse, Davidson Anestal
Alumni Works
No abstract provided.
October 1, 2017: Debate On Originalism, Bruce Ledewitz
October 1, 2017: Debate On Originalism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Debate on Originalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler
Northwestern Journal of Law & Social Policy
No abstract provided.
Environmental Human Rights In New York’S Constitution, Nicholas A. Robinson
Environmental Human Rights In New York’S Constitution, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
There is an environmental case to be made in favor of convening a Constitutional Convention. On the 200th anniversary birth of Henry David Thoreau, we can remember his admonition: “Live in each season as it passes; breathe the air, drink the drink, taste the fruit, and resign yourself to the influence of the earth.” What has this to do with the Constitution?
The Total Takings Myth, Lynn E. Blais
The Total Takings Myth, Lynn E. Blais
Fordham Law Review
For almost thirty-five years, the U.S. Supreme Court has attempted to carve out a total takings doctrine within its regulatory takings jurisprudence. Most regulatory takings claims are evaluated under the “ad hoc” threefactor test first articulated in Penn Central Transportation Co. v. City of New York. Exceedingly few of these claims are successful. But the Court has identified certain categories of government actions that are compensable takings per se, otherwise known as total takings. This began in 1982 with Loretto v. Teleprompter Manhattan CATV Corp., where the Court held that a land use ordinance requiring a landowner to …
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
Northwestern Journal of Law & Social Policy
No abstract provided.
Scriptural Justification For The American Revolution, Samuel Ewing
Scriptural Justification For The American Revolution, Samuel Ewing
Senior Honors Theses
This thesis will seek to examine the intention of the Founding Fathers regarding their decision to break from England in what became the American Revolution. On July 4th, 1776, fifty-five men gathered to sign the defining document of their cause – the Declaration of Independence. As the document presents the climactic argument against the English crown, this thesis will seek to analyze its writers’ intentions, presuppositions, and rationalizations. Ultimately, this thesis will demonstrate that the Founders not only sought biblical justification for their actions and opinions, but followed the letter of biblical and common law in order to …
Collateral Visibility: A Socio-Legal Study Of Police Body Camera Adoption, Privacy, And Public Disclosure In Washington State, Bryce Clayton Newell
Collateral Visibility: A Socio-Legal Study Of Police Body Camera Adoption, Privacy, And Public Disclosure In Washington State, Bryce Clayton Newell
Indiana Law Journal
Law enforcement use of body-worn cameras has become a subject of significant public and scholarly debate in recent years. This Article presents findings from a study of the legal and social implications of body-worn camera adoption by two police departments in Washington State. In particular, this study focuses on the public disclosure of body-worn camera footage under Washington State’s public records act, state privacy law, and original empirical findings related to officer attitudes about—and perceptions of—the impact of these laws on their work, their own personal privacy, and the privacy of the citizens they serve. The law in Washington State …
Preventing Presidential Disability Within The Existing Framework Of The Twenty-Fifth Amendment, Ryan T. Harding
Preventing Presidential Disability Within The Existing Framework Of The Twenty-Fifth Amendment, Ryan T. Harding
University of Arkansas at Little Rock Law Review
No abstract provided.
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery
Northwestern Journal of Law & Social Policy
No abstract provided.
Substitute And Complement Theories Of Judicial Review, David E. Landau
Substitute And Complement Theories Of Judicial Review, David E. Landau
Indiana Law Journal
Constitutional theory has hypothesized two distinct and contradictory ways in which judicial review may interact with external political and social support. One line of scholarship has argued that judicial review and external support are substitutes. Thus, “political safeguard” theorists of American federalism and the separation of powers argue that these constitutional values are enforced through the political branches, making judicial review unnecessary. However, a separate line of work, mostly composed of social scientists examining rights issues, argues that the relationship between courts and outside support is complementary—judges are unlikely to succeed in their projects unless they have sufficient assistance from …
Executive Branch Fact Deference As A Separation Of Powers Principle, Emily A. Kile
Executive Branch Fact Deference As A Separation Of Powers Principle, Emily A. Kile
Indiana Law Journal
This Note concludes that, although Zivotofsky I provides a basis for judicial review of the legality of the Obama Administration’s “hostilities” determination (and, by extension, other questions of statutory interpretation related to foreign affairs), that review could be blunted by judicial deference to the executive branch’s factual determinations relevant to whether the Libyan airstrikes constituted “hostilities” within the War Powers Resolution. By addressing the political question doctrine’s history and the response to Zivotofsky I, this Note will explore whether the political question doctrine—particularly in cases of statutory interpretation—has lost some of its force as a justiciability doctrine. This Note will …
Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran
Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran
Articles
In many jurisdictions, once a parent has her rights terminated to one child, the State can use that decision to justify the termination of parental rights to another child. The State can do so regardless of whether the parent is fit to parent the second child. This article explores this practice, examines its origins, and discusses its constitutional inadequacies.
Jailing The Twitter Bird: Social Media, Material Support To Terrorism, And Muzzling The Modern Press, Rachel E. Vanlandingham
Jailing The Twitter Bird: Social Media, Material Support To Terrorism, And Muzzling The Modern Press, Rachel E. Vanlandingham
Cardozo Law Review
Social media companies such as Facebook and Twitter are vulnerable to federal criminal prosecution under 18 U.S.C. § 2339B, the material support to terrorism statute, for providing a means for terrorists and their sympathizers to glorify and pursue their violence on social media. This Article exposes that vulnerability as well as the material support statute's conflicts with the First and Fifth Amendments in this context, such as the statute's chilling effect. In particular, the Article explores how social media providers have responded to threats from the U.S. government by suspending hundreds of thousands of user accounts, effectively censoring constitutionally protected …