Weed Wars: Winning The Fight Against Marijuana Spillover From Neighboring States,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Weed Wars: Winning The Fight Against Marijuana Spillover From Neighboring States, Jessica Berch
Nevada Law Journal
No abstract provided.
Child Marriage As Constitutional Violation,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Child Marriage As Constitutional Violation, Teri Dobbins Baxter
Nevada Law Journal
No abstract provided.
The First Amendment And Mandatory Condom Laws: Rethinking The “Porn Exception” In Strict Scrutiny, Content Neutrality And Secondary Effects Analysis,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
The First Amendment And Mandatory Condom Laws: Rethinking The “Porn Exception” In Strict Scrutiny, Content Neutrality And Secondary Effects Analysis, Jason M. Shepard
Nevada Law Journal
No abstract provided.
The Constitutional Politics Heller Launched,
2018
Cornell Law School
The Constitutional Politics Heller Launched, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
The Elusive Constitutional Right To Informational Privacy,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Elusive Constitutional Right To Informational Privacy, Larry J. Pittman
Nevada Law Journal
No abstract provided.
Active Judicial Governance,
2018
University at Buffalo School of Law
Active Judicial Governance, James A. Gardner
Journal Articles
Evidence marshaled in a new article by Jonathan Marshfield suggests strongly that unlike judges of U.S. federal courts, judges of American state supreme courts both recognize and embrace their role as active participants in the process of indirect popular self-rule. Consequently, they much more willingly serve as active and self-conscious vectors of governance. This is not to say that state judges lack appropriate judicial humility; it is to say merely that they possess a different and more nuanced understanding of the role of courts in American government than some of their federal counterparts.
Managing Dissent,
2018
William & Mary Law School
Managing Dissent, Timothy Zick
Faculty Publications
In his insightful new book, Managed Speech: The Roberts Court's First Amendment (2017), Professor Greg Magarian criticizes the Roberts Court for adopting a "managed speech" approach in its First Amendment cases. According to Professor Magarian, that approach gives too much power to private and governmental actors to manage public discourse, constrain dissident speakers, and instill social and political stability. This Article argues that at least insofar as it relates to many forms of public dissent, the managed speech approach is both deeply rooted in First Amendment jurisprudence and culturally prevalent. Historically, First Amendment jurisprudence has expressed support for narrowly managed …
Section 5'S Forgotten Years: Congressional Power To Enforce The Fourteenth Amendment Before Katzenbach V. Morgan,
2018
Northwestern Pritzker School of Law
Section 5'S Forgotten Years: Congressional Power To Enforce The Fourteenth Amendment Before Katzenbach V. Morgan, Christopher W. Schmidt
Northwestern University Law Review
Few decisions in American constitutional law have frustrated, inspired, and puzzled more than Katzenbach v. Morgan. Justice Brennan’s 1966 opinion put forth the seemingly radical claim that Congress—through its power, based in Section 5 of the Fourteenth Amendment, to “enforce, by appropriate legislation,” the rights enumerated in that Amendment—shared responsibility with the Court to define the meaning of Fourteenth Amendment rights. Although it spawned a cottage industry of scholarship, this claim has never been fully embraced by a subsequent Supreme Court majority, and in City of Boerne v. Flores, the Supreme Court rejected the heart of the Morgan …
The Unconstitutionality Of Consolidated Planning Boards: Interlocal Planning Under New York Law,
2018
Pace University
The Unconstitutionality Of Consolidated Planning Boards: Interlocal Planning Under New York Law, Albert J. Pirro Jr.
Pace Law Review
This Article will examine the nature and constitutionality of consolidated planning boards in light of the broad powers actually granted them. The issues surrounding the constitutionality of consolidated planning boards begs, yet again, Chief Justice Marshall's question respecting the extent of the power granted to the state governments. The question is whether a municipality may abdicate its power to regulate land within its own boundaries by delegating it to a separate planning entity.
The U.S Constitution: The Original American Dream,
2018
N.Y. Court of Appeals
The U.S Constitution: The Original American Dream, Judith S. Kaye
Pace Law Review
Adapted from Remarks delivered at Law Day ceremonies May 1, 1996, at Court of Appeals Hall, Albany, New York.
August 30, 2018: Needed: A New Ontology And Epistemology,
2018
Duquesne University
August 30, 2018: Needed: A New Ontology And Epistemology, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Needed: A New Ontology and Epistemology“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests,
2018
Washington and Lee University School of Law
Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, Julian R. Murphy
Washington and Lee Law Review Online
In recent years body-worn cameras have been championed by community groups, scholars, and the courts as a potential check on police misconduct. Such has been the enthusiasm for body-worn cameras that, in a relatively short time, they have been rolled out to police departments across the country. Perhaps because of the optimism surrounding these devices there has been little consideration of the Fourth Amendment issues they pose, especially when they are coupled with facial recognition technology (FRT). There is one particular context in which police use of FRT equipped body-worn cameras is especially concerning: public protests. This Comment constitutes the …
The Supreme Court’S Use Of Narratives In Issuing Advisory Opinions,
2018
Western University
The Supreme Court’S Use Of Narratives In Issuing Advisory Opinions, Andrea Lawlor
Master of Studies in Law Research Papers Repository
This major research paper looks at how Canadian Supreme Court justices view their role in adjudicating reference questions. Comparing the texts of 21 Supreme Court advisory opinions across two eras of the Court (Chief Justice Laskin: 1973-1984 and Chief Justice McLachlin: 2000-2017), the study examines the use of four narratives – the Guardian of the Constitution, Umpire of Federalism, Institutional and Public Will – to determine how the Court positions its role vis-à-vis the constitutional order and the other branches of government. I use a mixed-method approach that incorporates an empirically oriented content analysis of each decision, complemented by four …
August 24, 2018: The Coming Desperate Struggle,
2018
Duquesne University
August 24, 2018: The Coming Desperate Struggle, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Coming Desperate Struggle“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 23, 2018: Busy Day For Hallowed Secularism,
2018
Duquesne University
August 23, 2018: Busy Day For Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Busy Day for Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 21, 2018: Pantheism And Penentheism,
2018
Duquesne University
August 21, 2018: Pantheism And Penentheism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Pantheism and Penentheism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
President Trump: Challenging Core First Amendment Principles,
2018
William & Mary Law School
President Trump: Challenging Core First Amendment Principles, Timothy Zick
Popular Media
No abstract provided.
August 17, 2018: This Social Democratic Moment,
2018
Duquesne University
August 17, 2018: This Social Democratic Moment, Bruce Ledewitz
Hallowed Secularism
Blog post, “This Social Democratic Moment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Informational And Procedural Standing After Lujan V. Defenders Of Wildlife,
2018
Florida State University College of Law
Informational And Procedural Standing After Lujan V. Defenders Of Wildlife, Brian J. Gatchel
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Ripeness And Forum Selection In Fifth Amendment Takings Litigation,
2018
Wake Forest University School of Law
Ripeness And Forum Selection In Fifth Amendment Takings Litigation, Thomas E. Roberts
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
