Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

35,040 Full-Text Articles 21,032 Authors 34,841,374 Downloads 250 Institutions

All Articles in Constitutional Law

Faceted Search

35,040 full-text articles. Page 752 of 903.

Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee 2013 Pepperdine University

Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee

Pepperdine Law Review

No abstract provided.


The Prying Nose: Florida V. Jardines And Warrantless Dog-Sniff Tests On Private Property, Ali Mirsaidi 2013 Duke Law

The Prying Nose: Florida V. Jardines And Warrantless Dog-Sniff Tests On Private Property, Ali Mirsaidi

Duke Journal of Constitutional Law & Public Policy Sidebar

This commentary previews an upcoming Supreme Court case, Florida v. Jardines, in which the Court will decide whether a dog-sniff test at the front door of a home constitutes a Fourth Amendment search. The case asks the Court to resolve its prior decisions holding that dog-sniff tests are minimally intrusive when conducted in public with its decisions affording higher protections for searches of private residences.


Determining Rights To Resell: Kirtsaeng V. John Wiley & Sons, Sandra Yoo 2013 Duke Law

Determining Rights To Resell: Kirtsaeng V. John Wiley & Sons, Sandra Yoo

Duke Journal of Constitutional Law & Public Policy Sidebar

This commentary previews an upcoming Supreme Court case, Kirtsaeng v. John Wiley & Sons, in which the Court will decide whether the "first sale" doctrine applies to foreign-made copies. Broadly, the case will determine the ability of manufacturers to control the distribution of foreign-made copies once they have been sold and asks the Court to resolve a circuit split on the correct interpretation of the relevant provisions of the Copyright Act.


January 20, 2013: Jeffrey Tucker Defends The Morality Of Markets At Duquesne University Talk, Bruce Ledewitz 2013 Duquesne University

January 20, 2013: Jeffrey Tucker Defends The Morality Of Markets At Duquesne University Talk, Bruce Ledewitz

Hallowed Secularism

Blog post, “Jeffrey Tucker Defends the Morality of Markets at Duquesne University Talk“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Mandatory Pro Bono: The Path To Equal Justice, John R. deSteiguer 2013 Pepperdine University

Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer

Pepperdine Law Review

No abstract provided.


Juror Journalism: Are Profit Motives Replacing Civic Duty?, Brent K. Ashby 2013 Pepperdine University

Juror Journalism: Are Profit Motives Replacing Civic Duty?, Brent K. Ashby

Pepperdine Law Review

No abstract provided.


Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro 2013 Pepperdine University

Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro

Pepperdine Law Review

No abstract provided.


Journalists, Trespass, And Officials: Closing The Door On Florida Publishing Co. V. Fletcher , Kent R. Middleton 2013 Pepperdine University

Journalists, Trespass, And Officials: Closing The Door On Florida Publishing Co. V. Fletcher , Kent R. Middleton

Pepperdine Law Review

No abstract provided.


Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead 2013 Pepperdine University

Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead

Pepperdine Law Review

No abstract provided.


Mandatory Drug Testing Of College Athletes: Are Athletes Being Denied Their Constitutional Rights? , Allison Rose 2013 Pepperdine University

Mandatory Drug Testing Of College Athletes: Are Athletes Being Denied Their Constitutional Rights? , Allison Rose

Pepperdine Law Review

No abstract provided.


January 17, 2013: I Agree With Some Of The Words Of Pastor Louie Giglio, Bruce Ledewitz 2013 Duquesne University

January 17, 2013: I Agree With Some Of The Words Of Pastor Louie Giglio, Bruce Ledewitz

Hallowed Secularism

Blog post, “I Agree With Some of the Words of Pastor Louie Giglio“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. McDonald 2013 Pepperdine University

Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald

Pepperdine Law Review

No abstract provided.


A Descendible Right Of Publicity: Has The Time Finally Come For A National Standard?, J. Steven Bingman 2013 Pepperdine University

A Descendible Right Of Publicity: Has The Time Finally Come For A National Standard?, J. Steven Bingman

Pepperdine Law Review

No abstract provided.


The Unwed Father's Custody Claim In California: When Does The Parental Preference Doctrine Apply?, Jeffrey S. Boyd 2013 Pepperdine University

The Unwed Father's Custody Claim In California: When Does The Parental Preference Doctrine Apply?, Jeffrey S. Boyd

Pepperdine Law Review

No abstract provided.


Constitutional Restraints On The Doctrine Of Punitive Damages, Theodore B. Olson, Theodore J. Boutrous Jr. 2013 Pepperdine University

Constitutional Restraints On The Doctrine Of Punitive Damages, Theodore B. Olson, Theodore J. Boutrous Jr.

Pepperdine Law Review

No abstract provided.


The Code And The Constitution: Fifth Amendment Limits On The Debtor's Discharge In Bankruptcy, Nicholas A. Franke 2013 Pepperdine University

The Code And The Constitution: Fifth Amendment Limits On The Debtor's Discharge In Bankruptcy, Nicholas A. Franke

Pepperdine Law Review

No abstract provided.


National Treasury Employees Union V. Von Raab—Will The War Against Drugs Abrogate Constitutional Guarantees?, Alyssa C. Westover 2013 Pepperdine University

National Treasury Employees Union V. Von Raab—Will The War Against Drugs Abrogate Constitutional Guarantees?, Alyssa C. Westover

Pepperdine Law Review

No abstract provided.


Texas V. Johnson: The Constitutional Protection Of Flag Desecration, Patricia Lofton 2013 Pepperdine University

Texas V. Johnson: The Constitutional Protection Of Flag Desecration, Patricia Lofton

Pepperdine Law Review

No abstract provided.


The Constitutionality Of The Federal Sentencing Reform Act After Mistretta V. United States, Charles R. Eskridge III 2013 Pepperdine University

The Constitutionality Of The Federal Sentencing Reform Act After Mistretta V. United States, Charles R. Eskridge Iii

Pepperdine Law Review

No abstract provided.


The Ninth Amendment In Congress, Brian C. Kalt 2013 Pepperdine University

The Ninth Amendment In Congress, Brian C. Kalt

Pepperdine Law Review

The Ninth Amendment declares that “[t]he enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” Scholars have developed a rich literature on the Ninth Amendment, but they have focused nearly exclusively on how courts should treat the amendment’s mysterious unenumerated rights. Other scholars have generated an even richer body of work on constitutional interpretation outside the courts. These scholars have written persuasively about the role of Congress as an important participant in constitutional debate and development. However, this work has largely ignored the Ninth Amendment. This article brings these …


Digital Commons powered by bepress