Driving Into Unreasonableness: The Driveway, The Curtilage, And Reasonable Expectations Of Privacy,
2011
American University Washington College of Law
Driving Into Unreasonableness: The Driveway, The Curtilage, And Reasonable Expectations Of Privacy, Vanessa Rownaghi
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Infinite Hope And Finite Disappointment: The Story Of The First Interpreters Of The Fourteenth Amendment,
2011
University of Akron Main Campus
Infinite Hope And Finite Disappointment: The Story Of The First Interpreters Of The Fourteenth Amendment, Elizabeth Reilly
University of Akron Press Publications
Infinite Hope and Finite Disappointment details the aspirations and promises of the 14th Amendment in the historical, legal, and sociological context within which it was framed. Part of the Reconstruction Amendments collectively known as "The Second Founding," the 14th Amendment fundamentally altered the 1787 Constitution to protect individual rights and altered the balance of power between the national government and the states. The book also shows how initial Supreme Court interpretations of the Amendment's reach hindered its applicability. Finally, the contributors investigate the current impact of the 14th Amendment.
Contents Infinite Hope: The Framers as First Interpreters The Antebellum Political …
September 8, 2011: Check Out Religion Dispatches On Church, State, And The Crisis In American Secularism,
2011
Duquesne University
September 8, 2011: Check Out Religion Dispatches On Church, State, And The Crisis In American Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Check Out Religion Dispatches on Church, State, and the Crisis in American Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 5, 2011: Happy Labor Day,
2011
Duquesne University
September 5, 2011: Happy Labor Day, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Labor Day“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 2, 2011: Hilary Putnam Misinterprets The Oven Of Aknai Story,
2011
Duquesne University
September 2, 2011: Hilary Putnam Misinterprets The Oven Of Aknai Story, Bruce Ledewitz
Hallowed Secularism
Blog post, “Hilary Putnam Misinterprets the Oven of Aknai Story“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?,
2011
University at Buffalo School of Law (Student)
The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti
Buffalo Public Interest Law Journal
No abstract provided.
When Push Comes To Shove: Mandatory Immunization In Times Of Pandemic-Type Emergencies,
2011
University at Buffalo School of Law
When Push Comes To Shove: Mandatory Immunization In Times Of Pandemic-Type Emergencies, Philip P. Houle, Suzanne R. Houle
Buffalo Public Interest Law Journal
No abstract provided.
Property, Liberty, And The Rights Of The Community: Lessons From Munn V. Illinois,
2011
Texas State University-San Marcos
Property, Liberty, And The Rights Of The Community: Lessons From Munn V. Illinois, Paul Kens
Buffalo Public Interest Law Journal
When considering the extent to which the United States Constitution places a limit on government regulation of business, today's historians and constitutional theorists treat the question as a matter of balancing economic liberty or property rights against government power. Moreover, modem scholars commonly maintain that this balancing formula represents the predominant tradition in constitutional history. Tracing it back to the tenants of Jacksonian democracy that emphasized distrust of government, they imply that constitutional history has developed as a straight line: always with an emphasis on individual liberty and always with a presumption that entrepreneurial liberty should be favored over governments' …
Front Matters - Vol. 11, No. 1,
2011
University of Connecticut School of Law
Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal
Connecticut Public Interest Law Journal
No abstract provided.
Examining Entrenched Masculinities In The Republican Government Tradition,
2011
Hofstra University School of Law
Examining Entrenched Masculinities In The Republican Government Tradition, Jamie R. Abrams
West Virginia Law Review
No abstract provided.
J.D.B. V. North Carolina And The Reasonable Person,
2011
U.S. Court of Appeals for the Fourth Circuit
J.D.B. V. North Carolina And The Reasonable Person, Christopher Jackson
Michigan Law Review First Impressions
This Term, the Supreme Court was presented with a prime opportunity to provide some much-needed clarification on a "backdrop" issue of law-one of many topics that arises in a variety of legal contexts, but is rarely analyzed on its own terms. In J.D.B. v. North Carolina, the Court considered whether age was a relevant factor in determining if a suspect is "in custody" for Miranda purposes, and thus must have her rights read to her before being questioned by the police. Miranda, like dozens of other areas of law, employs a reasonable person test on the custodial question: it asks …
Nonbelievers,
2011
Cornell Law School
Nonbelievers, Nelson Tebbe
Cornell Law Faculty Publications
How should courts handle nonbelievers who bring religious freedom claims? Although this question is easy to grasp, it presents a genuine puzzle because the religion clauses of the Constitution, along with many contemporary statutes, protect only religion by their terms. From time to time, judges and lawyers have therefore struggled with the place of nonbelievers in the American scheme of religious freedom. Today, this problem is gaining prominence because of nonbelievers’ rising visibility. New lines of social conflict are forming around them, generating disputes that have already gone legal. In this Article, I argue that no wholesale response will do. …
Section 2: Structure,
2011
William & Mary Law School
Section 2: Structure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Intersection Of Laicite And American Secularism: The French Burqa Ban In The Context Of United States Constitutional Law,
2011
Washington and Lee University School of Law
The Intersection Of Laicite And American Secularism: The French Burqa Ban In The Context Of United States Constitutional Law, Mary-Caitlin Ray
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Csli Disclosure: Why Probable Cause Is Necessary To Protect What’S Left Of The Fourth Amendment,
2011
Washington and Lee University School of Law
Csli Disclosure: Why Probable Cause Is Necessary To Protect What’S Left Of The Fourth Amendment, Steven M. Harkins
Washington and Lee Law Review
No abstract provided.
Where Do We Go From Here: Plea Colloquy Warnings And Immigration Consequences Post-Padilla,
2011
University of Michigan Law School
Where Do We Go From Here: Plea Colloquy Warnings And Immigration Consequences Post-Padilla, Vivian Chang
University of Michigan Journal of Law Reform
This Note argues for the passage of criminal procedure rules that would require judges to warn criminal defendants about immigration consequences at plea colloquy. Part I addresses the overlap of criminal and immigration law, arguing that the increased use of the criminal justice system to police federal immigration laws calls for greater protection of non-citizen defendants at plea colloquy. Part II then addresses the legal duties imposed on both defense counsel and trial courts in relation to plea colloquy. Padilla merely addressed the duty of defense counsel to provide constitutionally effective assistance before plea colloquy and did not reach the …
Litigating Against An Epidemic: Hiv/Aids And The Promise Of Socioeconomic Rights In South Africa,
2011
University of Michigan Law School
Litigating Against An Epidemic: Hiv/Aids And The Promise Of Socioeconomic Rights In South Africa, Nathaniel Bruhn
Michigan Journal of Race and Law
With one of the highest incidence rates in the world, the HIV/AIDS epidemic has taken a large toll on South Africa. Despite medical advances that have made the disease more manageable, many South Africans still do not have access to the medicines needed to control the disease. At the same time, the Constitution of South Africa grants individuals far-reaching socioeconomic rights, including the right to access health care. This Comment explores the intersection of the socioeconomic rights and the HIV/AIDS crisis. Although the Constitutional Court has developed a deferential approach to enforcing socioeconomic rights, substantial room remains to litigate on …
The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School,
2011
Thomas Jefferson School of Law
The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo
Michigan Journal of Race and Law
In Grutter v. Bollinger, the U.S. Supreme Court upheld affirmative action at the University of Michigan Law School on the grounds of educational diversity. Yet the Court's assumption that admitting diverse students into law school would result in improved race relations, livelier classroom conversations, and better professional outcomes for students has never been empirically tested. This Article relies on survey and focus group data collected at the University of Michigan Lav School campus itself in March 2010 to examine not only whether, but how diversity affects learning. The data indicate both that there are sufficient numbers of students of color …
The Law Of Reputation And The Interest Of The Audience,
2011
William & Mary Law School
The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann
Faculty Publications
Although an individual has control over many of the statements, acts, and other biographical data points that are used to construct her reputation, she does not ultimately have control over the result of that reputational assessment, the pronouncement of which is a task reserved to others. Reputation is fundamentally a social concept; it does not exist until a community collectively forms a judgment about an individual or firm that has the potential to guide the community’s future interactions. Despite reputation’s relational nature, discussions of the law’s interest in reputation tend to focus on one of two parties: the individual or …
August 31, 2011: How To Make Our Religion Divisions Worse,
2011
Duquesne University
August 31, 2011: How To Make Our Religion Divisions Worse, Bruce Ledewitz
Hallowed Secularism
Blog post, “How To Make Our Religion Divisions Worse“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
