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"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell 2012 William & Mary Law School

"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell

William & Mary Bill of Rights Journal

During World War II, after Japan attacked the Aleutian Islands off Alaska’s coast, the United States forcibly evacuated the islands’ natives and quartered soldiers in private homes. That hitherto unremarked violation of the Third Amendment gives us a fresh perspective on what the term “property” means in the United States Constitution. As a general legal matter, property includes not just real estate—land, fixtures attached thereto, and related rights—but also various kinds of personal property, ranging from tangibles, such as books, to intangibles, such as causes of action. That knowledge would, if we interpreted the Constitution as we do other legal …


Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore 2012 American University Washington College of Law

Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore

Legislation and Policy Brief

In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …


April 26, 2012: The Continuing Attack On/Engagement With Religion, Bruce Ledewitz 2012 Duquesne University

April 26, 2012: The Continuing Attack On/Engagement With Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Continuing Attack on/Engagement with Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


April 20, 2012: Back To The Bishops, Bruce Ledewitz 2012 Duquesne University

April 20, 2012: Back To The Bishops, Bruce Ledewitz

Hallowed Secularism

Blog post, “Back to the Bishops“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Forgotten Supreme Court Abortion Cases: Drs. Hawker & Hurwitz In The Dock & Defrocked, Roy Lucas 2012 Pepperdine University

Forgotten Supreme Court Abortion Cases: Drs. Hawker & Hurwitz In The Dock & Defrocked, Roy Lucas

Pepperdine Law Review

No abstract provided.


Bartnicki V. Vopper: Another Media Victory Or Ominous Warning Of A Potential Change In Supreme Court First Amendment Jurisprudence?, Jennifer Nichole Hunt 2012 Pepperdine University

Bartnicki V. Vopper: Another Media Victory Or Ominous Warning Of A Potential Change In Supreme Court First Amendment Jurisprudence?, Jennifer Nichole Hunt

Pepperdine Law Review

No abstract provided.


Land Use Moratoria And Temporary Takings Redefined After Lake Tahoe?, Laura Hurmence McKaskle 2012 Pepperdine University

Land Use Moratoria And Temporary Takings Redefined After Lake Tahoe?, Laura Hurmence Mckaskle

Pepperdine Law Review

No abstract provided.


Double-Clicking On Fourth Amendment Protection: Encryption Creates A Reasonable Expectation Of Privacy, Sean J. Edgett 2012 Pepperdine University

Double-Clicking On Fourth Amendment Protection: Encryption Creates A Reasonable Expectation Of Privacy, Sean J. Edgett

Pepperdine Law Review

No abstract provided.


Fetal Pain Legislation: Is It Viable?, Teresa Stanton Collett 2012 Pepperdine University

Fetal Pain Legislation: Is It Viable?, Teresa Stanton Collett

Pepperdine Law Review

Whether a human fetus experiences pain during an abortion has been the subject of heated debate within medical, legal, and political circles for over two decades. In the 1980's President Reagan's statement that "when the lives of the unborn are snuffed out [by abortion], they often feel pain, pain that is long and agonizing," and the release of a controversial film entitled "The Silent Scream" were merely two of the events that kept this issue in public view. Federal and state legislative efforts to enact "partial birth abortion bans" have reignited public debate over fetal pain." Three years ago, the …


"Indifferent [Towards] Indifference:" Post-Deshaney Accountability For Social Services Agencies When A Child Is Injured Or Killed Under Their Protective Watch, Carolina D. Watts 2012 Pepperdine University

"Indifferent [Towards] Indifference:" Post-Deshaney Accountability For Social Services Agencies When A Child Is Injured Or Killed Under Their Protective Watch, Carolina D. Watts

Pepperdine Law Review

No abstract provided.


Prisoners And Procreation: What Happened Between Goodwin And Gerber?, Rachel Michael Kirkley 2012 Pepperdine University

Prisoners And Procreation: What Happened Between Goodwin And Gerber?, Rachel Michael Kirkley

Pepperdine Law Review

No abstract provided.


The Rule Of Law For Judges, Thomas M. Reavley 2012 Pepperdine University

The Rule Of Law For Judges, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.


Utah V. Evans: How Census 2000'S "Sampling In Disguise" Fooled The Supreme Court Into Allocating Utah's Seat In The U.S. House Of Representatives To North Carolina, Nathan T. Dwyer 2012 Pepperdine University

Utah V. Evans: How Census 2000'S "Sampling In Disguise" Fooled The Supreme Court Into Allocating Utah's Seat In The U.S. House Of Representatives To North Carolina, Nathan T. Dwyer

Pepperdine Law Review

No abstract provided.


Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia, Lisa Odom 2012 Pepperdine University

Jumping On The Bandwagon: The United States Supreme Court Prohibits The Execution Of Mentally Retarded Persons In Atkins V. Virginia, Lisa Odom

Pepperdine Law Review

No abstract provided.


The Fifth Amendment Right Against Self-Incrimination: An In-Depth Look At Mckune V. Lile, Heidi Feldman 2012 Pepperdine University

The Fifth Amendment Right Against Self-Incrimination: An In-Depth Look At Mckune V. Lile, Heidi Feldman

Pepperdine Law Review

No abstract provided.


Alabama V. Shelton: One Small Step For Man, One Very Small Step For The Sixth Amendment's Right To Counsel, Joshua S. Stambaugh 2012 Pepperdine University

Alabama V. Shelton: One Small Step For Man, One Very Small Step For The Sixth Amendment's Right To Counsel, Joshua S. Stambaugh

Pepperdine Law Review

No abstract provided.


Ring V. Arizona: The Sixth And Eighth Amendments Collide: Out Of The Wreckage Emerges A Constitutional Safeguard For Capital Defendants, Jason E. Barsanti 2012 Pepperdine University

Ring V. Arizona: The Sixth And Eighth Amendments Collide: Out Of The Wreckage Emerges A Constitutional Safeguard For Capital Defendants, Jason E. Barsanti

Pepperdine Law Review

No abstract provided.


Asbestos & The Sleeping Constitution, Griffin B. Bell 2012 Pepperdine University

Asbestos & The Sleeping Constitution, Griffin B. Bell

Pepperdine Law Review

No abstract provided.


April 15, 2012: Atheism Is Growing, Bruce Ledewitz 2012 Duquesne University

April 15, 2012: Atheism Is Growing, Bruce Ledewitz

Hallowed Secularism

Blog post, “Atheism is Growing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


April 12, 2012: Reason Rally Update, Bruce Ledewitz 2012 Duquesne University

April 12, 2012: Reason Rally Update, Bruce Ledewitz

Hallowed Secularism

Blog post, “Reason Rally Update“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


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