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Articles 1921 - 1950 of 2055
Full-Text Articles in Law and Society
An Unfirm Foundation: The Regrettable Indefensibility Of Religious Exemptions, Frederick Mark Gedicks
An Unfirm Foundation: The Regrettable Indefensibility Of Religious Exemptions, Frederick Mark Gedicks
University of Arkansas at Little Rock Law Review
No abstract provided.
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora
Cardozo Law Review
No abstract provided.
Interpreting The Basic Law With Chinese Characteristics, James C. Hsiung
Interpreting The Basic Law With Chinese Characteristics, James C. Hsiung
Centre for Public Policy Studies : CPPS Working Paper Series
Written for the 29 November 1997 session of the Basic Law Series, sponsored by the University of Hong Kong Centre of Comparative and Public Law, in conjunction with the Hong Kong Bar Association. I am grateful for comments on an earlier draft graciously extended by Mr. Stephen Kai-yi Wong, Acting Solicitor General, HKSAR. Any remaining imperfections remain my sole responsibility.
Passenger Profiling: A Greater Terror Than Terrorism Itself, 32 J. Marshall L. Rev. 167 (1998), Donna Smith
Passenger Profiling: A Greater Terror Than Terrorism Itself, 32 J. Marshall L. Rev. 167 (1998), Donna Smith
UIC Law Review
No abstract provided.
Deconstructing Homo[Genous] Americanus: The White Ethnic Immigrant Narrative And Its Exclusionary Effect, Sylvia R. Lazos
Deconstructing Homo[Genous] Americanus: The White Ethnic Immigrant Narrative And Its Exclusionary Effect, Sylvia R. Lazos
Scholarly Works
This Article examines why the assumption of sameness is so pervasive in our society, and why the very idea of diversity is so resisted. The assumption and the corollary mandate to be the same are embedded in American cultural ideology, in how Americans think of themselves, in the stories that we tell regarding who we are and where we come from, in how we construct our values and norms, and in how Americans make sense of our chaotic social world. The assumption and mandate of sameness not only influence American culture, they also guide judges' thinking and decision-making in key …
Justices At Work: An Introduction, Michel Rosenfeld
Justices At Work: An Introduction, Michel Rosenfeld
Cardozo Law Review
"Justices at Work," a day long conference which took place on September 19, 1995 at the Benjamin N. Cardozo School of Law, brought together Justices and constitutional scholars from seven different countries to consider a hypothetical constitutional case dealing with fundamental rights. This issue of the Law Review includes the facts of the hypothetical case, the applicable hypothetical statute, the briefs submitted to the International Moot Courtall of which were the product of a collaborative effort among the seven scholars involved-as well as a transcript of the proceedings and of the deliberations of the seven Justices: Justice Ruth Bader Ginsburg …
The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur
The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur
UIC Law Review
No abstract provided.
An Analysis Of People, For Michigan Republic, Ex Rel V. State Of Michigan, 30 J. Marshall L. Rev. 937 (1997), Phillip A. Hendges
An Analysis Of People, For Michigan Republic, Ex Rel V. State Of Michigan, 30 J. Marshall L. Rev. 937 (1997), Phillip A. Hendges
UIC Law Review
No abstract provided.
This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal
This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal
UIC Law Review
No abstract provided.
Hopwood V. Texas: Strict In Theory Or Fatal In Fact, Leslie Yalof Garfield
Hopwood V. Texas: Strict In Theory Or Fatal In Fact, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
This article will examine the Hopwood decisions. Part II will review the factual and legal history behind the case. Part III will discuss the District, Circuit, and Supreme Court decisions. Finally, Part IV will critique these decisions and offer a view into the future for affirmative action admissions policies.
Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong
Michigan Journal of International Law
Part I of this article provides a brief sketch of the principles of the two majority religions at issue in this discussion and an overview of the history of both Israel and Iran. It explains why each nation has chosen to structure itself as it has and why the imposition of U.S.-style secularism would be an inappropriate method of dealing with the religio-legal conflict in the two societies. Part II compares the fundamental or constitutional laws of the two nations by analyzing the provisions, policies, and practices most influenced by religion. After identifying and analyzing the laws themselves in Part …
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
Affirmative Action In Question: A Coherent Theory For Section 15(2), Mark A. Drumbl, John D.R. Craig
Affirmative Action In Question: A Coherent Theory For Section 15(2), Mark A. Drumbl, John D.R. Craig
Scholarly Articles
Affirmative action programs are constitutionally protected in Canada under section 15(2) of the Charter. This section has received little judicial interpretation and, consequently, no coherent approach to the interpretation of section 15(2) has been developed. Furthermore, there is an urgent need to define the meaning of section 15(2), as affirmative action programs can be used to perpetuate stereotypes and discrimination while being given a blanket endorsement through section 15(2). The authors suggest that section 15(2) does not merely promote substantive equality, as this is the function of section 15(1), but embodies the social justice conception of equality, which allocates social …
Integrity And Universality: A Comment On Dworkin's Freedom's Law, Robin West
Integrity And Universality: A Comment On Dworkin's Freedom's Law, Robin West
Georgetown Law Faculty Publications and Other Works
Ronald Dworkin has done more than any other constitutional lawyer, past or present, to impress upon us the importance of integrity to constitutional law, and hence to our shared public life. Far from being merely a private virtue, Dworkin has shown that integrity imposes constraints upon and provides guidance to the work of judges in constitutional cases: Every constitutional case that comes before a court must be decided by recourse to the same moral principles that have dictated results in relevant similar cases in the past. Any group or individual challenging the constitutionality of legislation which adversely affects his or …
An Analysis Of The Personal Use Principle Under Copyright Law, Hsin-Chih Cheng
An Analysis Of The Personal Use Principle Under Copyright Law, Hsin-Chih Cheng
LLM Theses and Essays
Personal use is when an individual uses a copyrighted work for private purposes, such as learning or entertainment. Personal use is a right given in the Copyright Clause of the U.S. Constitution, however, an issue arises when the individual wants to make a copy of the copyrighted work. New technologies like photocopying and videotaping make this issue more prominent today. Some copyright owners think that the individual’s copying for private use is harmful to their potential market and they argue for compensation. Does the individual have the right under the personal use principle to reproduce the copyrighted work for private …
Fair Use In American And Continental Laws, Omar M.A. Obeidat
Fair Use In American And Continental Laws, Omar M.A. Obeidat
LLM Theses and Essays
Intellectual property, unlike tangible property, does not exclusively occupy one place at a designated time. Instead, intellectual property is composed of information which can be reproduced or used in multiple places at any given time. This fundamental difference between intellectual and tangible property is reflected in the legal provisions that regulate these types of property. There are two dominant theories that justify the legal protection of intellectual property: the individualistic European approach, and the commercial Anglo-American approach. Under the European approach, the protection of the creation is a natural right guaranteed to the author. In other words, natural law guarantees …
Second-Best Solution: The First Amendment, Broadcast Indecency, And The V-Chip [Comments], Howard M. Wasserman
Second-Best Solution: The First Amendment, Broadcast Indecency, And The V-Chip [Comments], Howard M. Wasserman
Faculty Publications
No abstract provided.
The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis
The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis
Articles
No abstract provided.
Hermann Heller - An Introduction, David Dyzenhaus
Hermann Heller - An Introduction, David Dyzenhaus
Cardozo Law Review
Hermann Heller (July 17, 1891 - November 4, 1933) came from a Jewish family in the Austro-Hungarian Empire. He interrupted his law studies to volunteer for service in the Austrian army during the First World War. His experiences as a front-line fighter left him with a heart condition which contributed to his death at the age of forty-two. But his poor health did not dampen his deeply combative spirit-a spirit which he put at the service of German social democracy. In March 1920, together with Gustav Radbruch (who had just successfully promoted Heller's Habilitation, his senior doctorate, at Kiel), …
The German Duality Of State And Society, David Abraham
The German Duality Of State And Society, David Abraham
Cardozo Journal of International and Comparative Law
The article argues that the United States should consider supplementing its property-based negative rights regime with citizenship-based positive rights, drawing on the German constitutional model. It contends that negative rights, which focus on freedom from state interference, are insufficient in addressing systemic inequality and fostering meaningful participation in a democratic society. In contrast, Germany's constitutional framework, rooted in a communitarian ethos, emphasizes positive rights and duties, ensuring that rights are not only protected but also effectively realized through state action. This approach, the article suggests, offers a more equitable and inclusive vision of rights and citizenship.
Adventures In The Zone Of Twilight: Separation Of Powers And National Economic Security In The Mexican Bailout, Russell D. Covey
Adventures In The Zone Of Twilight: Separation Of Powers And National Economic Security In The Mexican Bailout, Russell D. Covey
Faculty Publications By Year
No abstract provided.
The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile
The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile
Articles
The 1994 Ethiopian Constitution, while intended to address historical injustices, has exacerbated tribalism, human rights violations, and poverty by establishing a flawed federal system based on ethnic affiliation. The Constitution grants excessive autonomy to ethnic-based states, undermining national unity and central authority. Its lack of enforceable limitations on government power, absence of judicial review, and emphasis on secession have created a system prone to instability and human rights abuses. The article argues that the Constitution's structure, inspired by defunct Soviet models, is ill-suited to Ethiopia's needs, threatening its democracy, development, and cohesion.
The Sounds Of Silence: Charter Application When The Legislature Declines To Speak, Dianne Pothier
The Sounds Of Silence: Charter Application When The Legislature Declines To Speak, Dianne Pothier
Dianne Pothier Collection
On first impression, the title of the Simon and Garfunkle hit classic hit "The Sounds of Silence" may seem like an oxymoron. But it does not take too much reflection to realize that silence can indeed be very expressive and therefore quite telling. While that can be true in any number of contexts, for the specific purpose of this article, I will examine only one: legislative silence. What is the legal significance of the legislature declining to speak on one particular aspect of a legal issue otherwise addressed in the legislation? More specifically, can the Charter be engaged to challenge …
Plenary Power And Constitutional Outcasts: Federal Power, Critical Race Theory, And The Second, Ninth, And Tenth Amendments , Nicholas J. Johnson
Plenary Power And Constitutional Outcasts: Federal Power, Critical Race Theory, And The Second, Ninth, And Tenth Amendments , Nicholas J. Johnson
Faculty Scholarship
Rights and power in modern American constitutionalism are conceptually interdependent: "We have no way of thinking about constitutional rights independent of what powers it would be prudent or desirable for government to have." In an era where substantive boundaries on federal power seem ephemeral, this suggests that what we call rights may be primarily fair weather or illusory barriers to the exercise of power.From a majoritarian perspective, the shifting boundary between rights and powers, and the capacity of power to consume rights, may be unproblematic and even attractive. If the exercise of plenary power reflects majority will, then this exercise …
Constitutional Fictions And Meritocratic Success Stories, Robin West
Constitutional Fictions And Meritocratic Success Stories, Robin West
Georgetown Law Faculty Publications and Other Works
L.H. LaRue demonstrates in his book, Constitutional Law as Fiction, that, at least in the realm of constitutional law, there is no simple correspondence between fiction and falsehood, or fact and truth. Partial or fictive accounts of our constitutional history, even when they are riddled with inaccuracies, may state deep truths about our world, and accurate recitations of historical events may be either intentionally or unintentionally misleading in the extreme. According to LaRue, the Supreme Court engages in a form of storytelling or myth-making that goes beyond the inevitably partial narratives of fact and precedent. The Supreme Court also tells …
This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag
This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag
Publications
No abstract provided.
The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana
The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana
LLM Theses and Essays
In the last half of the twentieth century, international copyright protection has become of much greater concern as the copyright industry has become supranational. Treaties enacted in the last ten years such as the Berne Convention Implementation Act, the Uruguay Round Agreements Act, and the Agreement on Trade-Related Aspects of Intellectual Property Rights, provide the highest copyright protection available at the international level. Global piracy has declined in the last several years because of these provisions. However, the adherence by the United States to these treaties has caused controversy; some maintain that it represents a major overhaul of federal law …
Gay Does Not Necessarily Mean Good: A Critique Of Jeffery Sherman's "Love Speech: The Social Utility Of Pornography", Bridget J. Crawford
Gay Does Not Necessarily Mean Good: A Critique Of Jeffery Sherman's "Love Speech: The Social Utility Of Pornography", Bridget J. Crawford
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Local Government Boundary Problem In Metropolitan Areas, Richard Briffault
The Local Government Boundary Problem In Metropolitan Areas, Richard Briffault
Faculty Scholarship
Local government boundaries play an important role in the governance of metropolitan areas by defining local electorates and tax bases and the scope of local regulatory powers and service responsibilities. Yet, the close association of local powers with local boundaries generates spillovers, fiscal disparities, and interlocal conflicts. Real local autonomy is constrained but the local government system fails to provide a means for addressing regional problems. Public choice theorists and political decentralizationists oppose regional governments because of the threat to local autonomy that would result from removing powers from local hands. Richard Briffault's solution to the metropolitan governance problem is …
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Faculty Scholarship
The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …