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All Articles in Constitutional Law

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34,975 full-text articles. Page 593 of 900.

Access To Justice?: Dispute Management Processes In Msinga, Kwazulu-Natal, South Africa, SINDISO MNISI WEEKS 2016 Assistant Professor, Public Policy of Excluded Populations, at the University of Massachusetts Boston’s School for Global Inclusion and Social Development

Access To Justice?: Dispute Management Processes In Msinga, Kwazulu-Natal, South Africa, Sindiso Mnisi Weeks

NYLS Law Review

No abstract provided.


Understanding South Africa’S Aspirational Constitution As Scaffolding, STU WOOLMAN 2016 Professor of Law at the University of the Witwatersrand, South Africa

Understanding South Africa’S Aspirational Constitution As Scaffolding, Stu Woolman

NYLS Law Review

No abstract provided.


The Constitutionalization Of Children’S Rights In South Africa, WARREN BINFORD 2016 Associate Professor of Law and director of the clinical law program at Willamette University College of Law

The Constitutionalization Of Children’S Rights In South Africa, Warren Binford

NYLS Law Review

No abstract provided.


Judicial Review Of Parliamentary Rulemaking: A Provisional Case For Restraint, FIROZ CACHALIA 2016 Adjunct Professor at the School of Law, University of the Witwatersrandm, South Africa

Judicial Review Of Parliamentary Rulemaking: A Provisional Case For Restraint, Firoz Cachalia

NYLS Law Review

No abstract provided.


Clinical Legal Education’S Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, PEGGY MAISEL, SHAHEDA MAHOMED, MEETALI JAIN 2016 Associate Dean of Experiential Education and Clinical Professor of Law at Boston University School of Law

Clinical Legal Education’S Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, Peggy Maisel, Shaheda Mahomed, Meetali Jain

NYLS Law Review

No abstract provided.


Legal Education In South Africa: Harmonizing The Aspirations Of Transformative Constitutionalism With Our Educational Legacy, LESLEY GREENBAUM 2016 Associate Professor in the Department of Private Law at the University of Cape Town, South Africa

Legal Education In South Africa: Harmonizing The Aspirations Of Transformative Constitutionalism With Our Educational Legacy, Lesley Greenbaum

NYLS Law Review

No abstract provided.


How Should The South African Constitutional Court Approach Tensions Between Women’S Rights And Religious Rights?, JULIA L. ERNST 2016 Assistant Professor at the University of North Dakota School of Law

How Should The South African Constitutional Court Approach Tensions Between Women’S Rights And Religious Rights?, Julia L. Ernst

NYLS Law Review

No abstract provided.


“The Advert Was Put Up Yesterday”: Public Participation In The Traditional Courts Bill Legislative Process, THUTO THIPE, MONICA DE SOUZA, NOLUNDi LUWAYA 2016 Research Associate with the Land and Accountability Research Centre at the Faculty of Law, University of Cape Town

“The Advert Was Put Up Yesterday”: Public Participation In The Traditional Courts Bill Legislative Process, Thuto Thipe, Monica De Souza, Nolundi Luwaya

NYLS Law Review

No abstract provided.


Palmer V. District Of Columbia, BRIAN NOEL 2016 New York Law School, 2016

Palmer V. District Of Columbia, Brian Noel

NYLS Law Review

No abstract provided.


Think Of The Children: Using Iied To Reformulate Disturbing Speech Restrictions, Richard Lorren Jolly 2016 University of Michigan Law School

Think Of The Children: Using Iied To Reformulate Disturbing Speech Restrictions, Richard Lorren Jolly

University of Michigan Journal of Law Reform

The Colorado State Court of Appeals recently upheld an injunction restricting public displays of aborted fetuses. The court held that the restriction passed strict scrutiny because the state had a compelling interest in protecting children from the psychological harm of “disturbing images” and the injunction was narrowly tailored. This marked the first time an injunction had been upheld on this rationale. This Note critiques that holding and others. It contends that while some federal and state courts have recognized the interest in protecting the psychological wellbeing of children from disturbing speech as compelling, the interest is not supported by precedent. …


Climate Exactions, J. Peter Byrne, Kathryn A. Zyla 2016 Georgetown University Law Center

Climate Exactions, J. Peter Byrne, Kathryn A. Zyla

Georgetown Law Faculty Publications and Other Works

This essay presents a legal device by which local governments can put a price on climate emissions and loss of resiliency generated by new real estate development. Local governments commonly impose fees, a type of monetary exaction, on new development to offset public costs that such development will impose. This Essay argues that monetary fees offer significant potential as a tool to help local governments manage land development’s contribution to climate change. Such “climate exactions” can put a price on the carbon emissions from new development and also on development that reduces the natural resiliency of the jurisdiction to the …


You've Got Legal Mail: Applying Constitutional Protections To Attorney-Inmate E-Mail Communications, Gregory R. Steele 2016 University of Georgia School of Law

You've Got Legal Mail: Applying Constitutional Protections To Attorney-Inmate E-Mail Communications, Gregory R. Steele

Georgia Law Review

Several U.S. Attorney's offices have begun to read e-mails between defense attorneys and their inmate-clients sent through the Bureau of Prisons TRULINCS system. District courts have been split on how they address the issue. This Note argues that the practice of reading attorney-inmate e- mails violates the Sixth Amendment. It specifically argues that the legal mail doctrine should be applied to invalidate this practice. It then argues the Bureau of Prisons should promulgate new regulations for legal e-mail that ensure compliance with the constitutional requirements of the newly applied legal e-mail doctrine.


The Juror’S Sacred Oath: Is There A Constitutional Right To A Properly Sworn Jury?, Kathleen M. Knudsen 2016 Touro University Jacob D. Fuchsberg Law Center

The Juror’S Sacred Oath: Is There A Constitutional Right To A Properly Sworn Jury?, Kathleen M. Knudsen

Touro Law Review

No abstract provided.


Montgomery V. Louisiana: An Attempt To Make Juvenile Life Without Parole A Practical Impossibility, Erin Dunn 2016 Touro University Jacob D. Fuchsberg Law Center

Montgomery V. Louisiana: An Attempt To Make Juvenile Life Without Parole A Practical Impossibility, Erin Dunn

Touro Law Review

No abstract provided.


"I Plead The Fifth": New York's Integrated Domestic Violence Courts And The Defendant's Fifth Amendment Dilemma, Rhona Mae Amorado 2016 Touro University Jacob D. Fuchsberg Law Center

"I Plead The Fifth": New York's Integrated Domestic Violence Courts And The Defendant's Fifth Amendment Dilemma, Rhona Mae Amorado

Touro Law Review

No abstract provided.


Black-Box Immigration Federalism, David S. Rubenstein 2016 Washburn University School of Law

Black-Box Immigration Federalism, David S. Rubenstein

Michigan Law Review

In Immigration Outside the Law, Hiroshi Motomura confronts the three hardest questions in immigration today: what to do about our undocumented population, who should decide, and by what legal process. Motomura’s treatment is characteristically visionary, analytically rich, and eminently fair to competing views. The book’s intellectual arc begins with its title: “Immigration Outside the Law.” As the narrative unfolds, however, Motomura explains that undocumented immigrants are “Americans in waiting,” with moral and legal claims to societal integration.


Face-To-Face With Facial Recognition Evidence: Admissibility Under The Post-Crawford Confrontation Clause, Joseph Clarke Celentino 2016 University of Michigan Law School

Face-To-Face With Facial Recognition Evidence: Admissibility Under The Post-Crawford Confrontation Clause, Joseph Clarke Celentino

Michigan Law Review

In Crawford v. Washington, the Supreme Court announced a major change in Confrontation Clause doctrine, abandoning a decades-old framework that focused on the common law principles of hearsay analysis: necessity and reliability. The new doctrine, grounded in an originalist interpretation of the Sixth Amendment, requires courts to determine whether a particular statement is testimonial. But the Court has struggled to present a coherent definition of the term testimonial. In its subsequent decisions, the Court illustrated that its new Confrontation Clause doctrine could be used to bar forensic evidence, including laboratory test results, if the government failed to produce the …


Constitutional Avoidance As Interpretation And As Remedy, Eric S. Fish 2016 Yale Law School

Constitutional Avoidance As Interpretation And As Remedy, Eric S. Fish

Michigan Law Review

In a number of recent landmark decisions, the Supreme Court has used the canon of constitutional avoidance to essentially rewrite laws. Formally, the avoidance canon is understood as a method for resolving interpretive ambiguities: if there are two equally plausible readings of a statute, and one of them raises constitutional concerns, judges are instructed to choose the other one. Yet in challenges to the Affordable Care Act, the Voting Rights Act, the Chemical Weapons Convention, and other major statutes, the Supreme Court has used this canon to adopt interpretations that are not plausible. Jurists, scholars, and legal commentators have criticized …


Congress And The Reconstruction Of Foreign Affairs Federalism, Ryan Baasch, Saikrishna Bangalore Prakash 2016 United States Court of Appeals for the District of Columbia Circuit

Congress And The Reconstruction Of Foreign Affairs Federalism, Ryan Baasch, Saikrishna Bangalore Prakash

Michigan Law Review

Though the Constitution conspicuously bars some state involvement in foreign affairs, the states clearly retain some authority in foreign affairs. Correctly supposing that state participation may unnecessarily complicate or embarrass our nation’s foreign relations, the Supreme Court has embraced aggressive preemption doctrines that sporadically oust the states from discrete areas in foreign affairs. These doctrines are unprincipled, supply little guidance, and generate capricious results. Fortunately, there is a better way. While the Constitution permits the states a limited and continuing role, it never goes so far as guaranteeing them any foreign affairs authority. Furthermore, the Constitution authorizes Congress to enact …


Why Enumeration Matters, Richard A. Primus 2016 University of Michigan Law School

Why Enumeration Matters, Richard A. Primus

Michigan Law Review

The maxim that the federal government is a government of enumerated powers can be understood as a “continuity tender”: not a principle with practical consequences for governance, but a ritual statement with which practitioners identify themselves with a history from which they descend. This interpretation makes sense of the longstanding paradox whereby courts recite the enumeration principle but give it virtually no practical effect. On this understanding, the enumerated-powers maxim is analogous to the clause that Parliament still uses to open enacted statutes: “Be it enacted by the Queen’s most Excellent Majesty.” That text might imply that the Queen is …


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