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All Articles in Constitutional Law

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35,116 full-text articles. Page 828 of 906.

Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo 2011 William & Mary Law School

Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo

William & Mary Law Review

No abstract provided.


A Critical Appraisal Of The Department Of Justice's New Approach To Medical Marijuana, Robert A. Mikos 2011 Vanderbilt University Law School

A Critical Appraisal Of The Department Of Justice's New Approach To Medical Marijuana, Robert A. Mikos

Vanderbilt Law School Faculty Publications

The Obama Administration has embarked upon a much-heralded shift in federal policy toward medical marijuana. Eschewing the hard-ball tactics favored by earlier Administrations, Attorney General Eric Holder announced in October 2009 that the Department of Justice (DOJ) would stop enforcing the federal marijuana ban against persons who comply with state medical marijuana laws. Given the significance of the medical marijuana issue in both criminal law and federalism circles, this Article sets out to provide the first in-depth analysis of the changes wrought by the DOJ’s new Non Enforcement Policy (NEP). In a nutshell, it suggests that early enthusiasm for the …


Laws For Learning In An Age Of Acceleration, John O. McGinnis 2011 William & Mary Law School

Laws For Learning In An Age Of Acceleration, John O. Mcginnis

William & Mary Law Review

No abstract provided.


Globalization And Structure, Julian Ku, John Yoo 2011 Hofstra University School of Law

Globalization And Structure, Julian Ku, John Yoo

William & Mary Law Review

No abstract provided.


The Balanced Budget Amendment: A Threat To The Constitutional Order, Neil J. Kinkopf 2011 Georgia State University College of Law

The Balanced Budget Amendment: A Threat To The Constitutional Order, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.


A Vanishing Virginia Constitution?, Hon. Stephen R. McCullough 2011 Judge, Court of Appeals of Virginia

A Vanishing Virginia Constitution?, Hon. Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


Crime-Severity Distinctions And The Fourth Amendment: Reassessing Reasonableness In A Changing World, Jeffrey Bellin 2011 William & Mary Law School

Crime-Severity Distinctions And The Fourth Amendment: Reassessing Reasonableness In A Changing World, Jeffrey Bellin

Faculty Publications

A growing body of commentary calls for the Supreme Court to recalibrate its Fourth Amendment jurisprudence in response to technological and social changes that threaten the traditional balance between public safety and personal liberty. This Article joins the discussion, highlighting a largely overlooked consideration that should be included in any modernization of Fourth Amendment doctrine—crime severity.

The Supreme Court emphasizes that “reasonableness” is the “touchstone” of Fourth Amendment analysis. Yet, in evaluating contested searches and seizures, current Fourth Amendment doctrine ignores a key determinant of reasonableness, the crime under investigation. As a result, an invasive search of a suspected murderer …


Can A Password Stop Police From Searching Your Cell Phone Incident To Arrest?, Adam M. Gershowitz 2011 William & Mary Law School

Can A Password Stop Police From Searching Your Cell Phone Incident To Arrest?, Adam M. Gershowitz

Faculty Publications

No abstract provided.


Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe 2011 American University, Washington College of Law

Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe

Cornell Law Faculty Publications

This is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.


Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe 2011 Boston University School of Law

Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe

Faculty Scholarship

This is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.


October 29, 2011: Why Any Change In The Establishment Clause?, Bruce Ledewitz 2011 Duquesne University

October 29, 2011: Why Any Change In The Establishment Clause?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Any Change in the Establishment Clause?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


An Anthem For Ows?, Timothy Zick 2011 William & Mary Law School

An Anthem For Ows?, Timothy Zick

Popular Media

No abstract provided.


Ows, Discourse, And Narratives, Timothy Zick 2011 William & Mary Law School

Ows, Discourse, And Narratives, Timothy Zick

Popular Media

No abstract provided.


October 22, 2011: Standing On God/Pleading With God, Bruce Ledewitz 2011 Duquesne University

October 22, 2011: Standing On God/Pleading With God, Bruce Ledewitz

Hallowed Secularism

Blog post, “Standing on God/Pleading With God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Ows And The Constitution, Timothy Zick 2011 William & Mary Law School

Ows And The Constitution, Timothy Zick

Popular Media

No abstract provided.


Defining Instrumentalities Of Deadly Force, Tim Longo 2011 Touro University Jacob D. Fuchsberg Law Center

Defining Instrumentalities Of Deadly Force, Tim Longo

Touro Law Review

No abstract provided.


Qualified Immunity: Further Developments In The Post-Pearson Era, Karen M. Blum 2011 Touro University Jacob D. Fuchsberg Law Center

Qualified Immunity: Further Developments In The Post-Pearson Era, Karen M. Blum

Touro Law Review

No abstract provided.


Twombly And Iqbal: The Introduction Of A Heightened Pleading Standard, Shira A. Sheindlin Honorable 2011 Touro University Jacob D. Fuchsberg Law Center

Twombly And Iqbal: The Introduction Of A Heightened Pleading Standard, Shira A. Sheindlin Honorable

Touro Law Review

No abstract provided.


Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable 2011 Touro University Jacob D. Fuchsberg Law Center

Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable

Touro Law Review

No abstract provided.


Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering - October 2009 Term, Richard Klein 2011 Touro University Jacob D. Fuchsberg Law Center

Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering - October 2009 Term, Richard Klein

Touro Law Review

No abstract provided.


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