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27,061 full-text articles. Page 606 of 633.

Making Sense Of Facial And As-Applied Challenges, Alex Kreit 2010 College of William & Mary Law School

Making Sense Of Facial And As-Applied Challenges, Alex Kreit

William & Mary Bill of Rights Journal

No abstract provided.


Challenges To State Anti-Preference Laws And The Role Of Federal Courts, Michael E. Rosman 2010 College of William & Mary Law School

Challenges To State Anti-Preference Laws And The Role Of Federal Courts, Michael E. Rosman

William & Mary Bill of Rights Journal

No abstract provided.


The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt 2010 College of William & Mary Law School

The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt

William & Mary Bill of Rights Journal

By taking their seats at “whites only” lunch counters across the South in the spring of 1960, African American students not only launched a dramatic new stage in the civil rights movement, they also sparked a national reconsideration of the scope of the constitutional equal protection requirement. The critical constitutional question raised by the sit-in movement was whether the Fourteenth Amendment, which after Brown v. Board of Education1 prohibited racial segregation in schools and other stateoperated facilities, applied to privately owned accommodations open to the general public. From the perspective of the student protesters, the lunch counter operators, and most ...


Where Do We Go From Here? Handgun Regulation In A Post-Heller World, Lindsey Craven 2010 College of William & Mary Law School

Where Do We Go From Here? Handgun Regulation In A Post-Heller World, Lindsey Craven

William & Mary Bill of Rights Journal

No abstract provided.


Of Fat People And Fundamental Rights: The Constitutionality Of The New York City Trans-Fat Ban, Katharine Kruk 2010 College of William & Mary Law School

Of Fat People And Fundamental Rights: The Constitutionality Of The New York City Trans-Fat Ban, Katharine Kruk

William & Mary Bill of Rights Journal

No abstract provided.


All Things In Proportion? American Rights Doctrine And The Problem Of Balancing, Alec S. Sweet 2010 Yale Law School

All Things In Proportion? American Rights Doctrine And The Problem Of Balancing, Alec S. Sweet

Faculty Scholarship Series

This Article describes and evaluates the evolution of rights doctrines in the United States, focusing on the problem of balancing as a mode of rights adjudication. In the current Supreme Court, deep conflict over whether, when, and how courts balance is omnipresent. Elsewhere, we find that the world’s most powerful constitutional courts have embraced a stable, analytical procedure for balancing, known as proportionality. Today, proportionality analysis (PA) constitutes the defining doctrinal core of a transnational, rights-based constitutionalism. This Article critically examines alleged American exceptionalism, from the standpoint of comparative constitutional law and practice. Part II provides an overview of ...


Is It Admissible?: Tips For Criminal Defense Attorneys On Assessing The Admissibility Of A Criminal Defendant's Statements, Part One, John H. Blume, Emily C. Paavola 2010 Cornell Law School

Is It Admissible?: Tips For Criminal Defense Attorneys On Assessing The Admissibility Of A Criminal Defendant's Statements, Part One, John H. Blume, Emily C. Paavola

Cornell Law Faculty Publications

This article addresses the Fifth Amendment issues to be considered when analyzing the admissibility of a criminal defendant's out-of-court statements.


A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis 2010 Brigham Young University Law School

A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis

BYU Law Review

No abstract provided.


The Significance Of Signatures: Why The Framers Signed The Constitution And What They Meant By Doing So, Michael Coenen 2010 Louisiana State University Law Center

The Significance Of Signatures: Why The Framers Signed The Constitution And What They Meant By Doing So, Michael Coenen

Journal Articles

The signing of the U.S. Constitution is traditionally understood as the closing act of the Constitutional Convention. This Note provides an alternative account, one that understands the Constitution’s signing as the opening act of the ratification campaign that followed in the Convention’s wake. To begin, the Note explains the signatures’ ambiguous form as the product of political maneuvering designed to win support for the Constitution during ratification. The Note then hypothesizes two ways in which the signatures may have helped to secure this support: (1) by highlighting pro-Constitution selling-points likely to resonate with the ratifying public; and ...


The Death Of Suspicion, Fabio Arcila Jr. 2010 Touro Law Center

The Death Of Suspicion, Fabio Arcila Jr.

William & Mary Law Review

At the nation’s founding, search warrants and the concept of suspicion were well entrenched as a means of limiting governmental search power. This tradition largely explains why today’s Fourth Amendment law includes two foundational black letter rules: the presumptive warrant requirement and the presumptive suspicion requirement. Unfortunately, neither of these rules is correct. Certainly they have historical support, especially in the common law. But whether they reflect the totality of our historic experience is questionable, especially when civil search practices are considered. More importantly, modern developments—such as urban life and technological advancements, the rise of the regulatory ...


The Sexual Offender Registration And Notification Act: No More Than "Statutory ‘Lip Service’ To Interstate Commerce", Lindsey B. Fetzer 2010 Washington and Lee University School of Law

The Sexual Offender Registration And Notification Act: No More Than "Statutory ‘Lip Service’ To Interstate Commerce", Lindsey B. Fetzer

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West 2010 Washington and Lee University School of Law

The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West

Washington and Lee Law Review

Increasingly more "ordinary"A mericans are choosing to share their life experiences with a public audience. In doing so, however, they are revealing more than their own personal stories; they are exposing private information about others as well. The faceoff between autobiographical speech and information privacy is coming to a head, and our legal system is not prepared to handle it. In a prior article, I established that autobiographicals peech is a unique and important category of speech that is at risk of being undervalued under current Law. This Article builds on my earlier work by addressing the emerging conflict ...


First Amendment Based Copyright Misuse, David S. Olson 2010 Boston College Law School

First Amendment Based Copyright Misuse, David S. Olson

Boston College Law School Faculty Papers

We are at a crossroads with respect to the under-developed equitable defense of copyright misuse. The defense may go the way of its sibling, antitrust-based patent misuse, which seems to be in a state of inevitable decline. Or – if judges accept the proposal of this Article – courts could reinvigorate the copyright misuse defense to better protect First Amendment speech that is guaranteed by statute, but that is often chilled by copyright holders misusing their copyrights to control other’s speech. The Copyright Act serves First Amendment interests by encouraging authors to create works. But copyright law can also discourage the ...


Zoya's Standing Problem, Or, When Should The Constitution Follow The Flag?, Jeffrey Kahn 2010 Southern Methodist University Dedman School of Law

Zoya's Standing Problem, Or, When Should The Constitution Follow The Flag?, Jeffrey Kahn

Michigan Law Review

Some federal courts have devised a new test of prudential standing that they use to dismiss suits filed by foreign plaintiffs alleging unlawful conduct by American officials abroad, even when these cases involve matters that may have nothing to do with foreign affairs, national security, or terrorism. Rather than decide the case on its merits or dismiss it on any number of legitimate grounds, the complaint is dismissed because the plaintiff lacks a "prior substantial connection" to the United States. I identify and critique this strange but proliferating test of standing. First, it is inconsistent with any theoretical view of ...


Immigration Reform, Michael Scaperlanda 2010 University of Oklahoma

Immigration Reform, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


Judicial Appointments: Notes From India, Shubhankar DAM 2010 City University of Hong Kong

Judicial Appointments: Notes From India, Shubhankar Dam

Shubhankar Dam

No abstract provided.


Pensada Lei, Pensada Malícia. A Propósito Das Avaliações "De Desempenho" Aos Docentes, Paulo Ferreira da Cunha 2010 Universidade do Porto

Pensada Lei, Pensada Malícia. A Propósito Das Avaliações "De Desempenho" Aos Docentes, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

There is a widespread ignorance about what does and what it should do a university professor, lecturer or researcher. This will create dangerous myths about how teachers should be evaluated, because paying no attention to the nature of their labor, and resulting on the creation of deep injustice. It is feared that such systems to be implemented result in infinite time-consuming bureaucratic. Precious time that should be used in teaching and research. That may also pollute the environment by creating lethal enemies among teaching people, ending up in lengthy legal proceedings. This article seeks to make a diagnosis of myths ...


Por Uma Avaliação Objectiva, Paulo Ferreira da Cunha 2010 Universidade do Porto

Por Uma Avaliação Objectiva, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Com base em mitos educativos muito difundidos, e cavalgando o corcel do temor reverencial dos docentes antes o educativamente correcto, têm-se instalado perspectivas muito injustas sobre o que se deve e como se deve avaliaro dito "desempenho" dos professores, designadamente do ensino superior. Este artigo, sem discutir as questões filosóficas de base de toda a avaliação, procura minimizar os danos do processo em curso propondo concretos critérios de uma avaliação que não seja a manifestação do puro arbítrio dos poderes académicos pontuais, manipulando grelhas subjectivas e complexíssimas. Pretende, pois, uma avaliação justa, pela objectividade.


The Children's Rights Amendment And Family Law, Fergus Ryan 2010 Dublin Institute of Technology

The Children's Rights Amendment And Family Law, Fergus Ryan

Other resources

This blog entry is part of a carnival blog posted to http://humanrightsinireland.wordpress.com/ It addresses the provisions of the proposed constitutional amendment on children's rights, as formulated by the Joint Oireachtas Committee on the Constitutional Amendment on Children, published in February 2010. This brief comment analyses the proposal, with particular reference to its potential impact on children in non-traditional family units.


Lewis V. City Of Chicago: Title Vii’S Limitations Period For Disparate Impact Charges, Kelsey Van Wart 2010 Duke Law

Lewis V. City Of Chicago: Title Vii’S Limitations Period For Disparate Impact Charges, Kelsey Van Wart

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


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