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26,999 full-text articles. Page 616 of 632.

Teaching Constitutional Law In Malaysia: The Universiti Kebangsaan Malaysia's Experience, Henk Botha 2010 Penn State Law

Teaching Constitutional Law In Malaysia: The Universiti Kebangsaan Malaysia's Experience, Henk Botha

Penn State International Law Review

No abstract provided.


Unsafe Haven: Could Article 3 Of The U.N. Convention Against Torture Prevent The Extradition Of Terrorist Suspects To U.S. Custody, Faridah Jalil, Che Norlia Mustafa 2010 Penn State Law

Unsafe Haven: Could Article 3 Of The U.N. Convention Against Torture Prevent The Extradition Of Terrorist Suspects To U.S. Custody, Faridah Jalil, Che Norlia Mustafa

Penn State International Law Review

No abstract provided.


The Executive And The Courts, Richard Clayton 2010 Penn State Law

The Executive And The Courts, Richard Clayton

Penn State International Law Review

No abstract provided.


Adjudicating Socio-Economic Rights Under A Transformative Constitution, Linda Stewart 2010 Penn State Law

Adjudicating Socio-Economic Rights Under A Transformative Constitution, Linda Stewart

Penn State International Law Review

No abstract provided.


Secularism, The Veil And "Reasonable Interlocutors": Why France Is Not That Wrong, Guy Haarscher 2010 Penn State Law

Secularism, The Veil And "Reasonable Interlocutors": Why France Is Not That Wrong, Guy Haarscher

Penn State International Law Review

No abstract provided.


The Protection Of Laicism In Turkey And The Turkish Constitutional Court: The Example Of The Prohibition On The Use Of The Islamic Veil In Higher Education, Mehmet Cengiz Uzun 2010 Penn State Law

The Protection Of Laicism In Turkey And The Turkish Constitutional Court: The Example Of The Prohibition On The Use Of The Islamic Veil In Higher Education, Mehmet Cengiz Uzun

Penn State International Law Review

No abstract provided.


Poverty And Constitutional Rights, Monica Pinto 2010 Penn State Law

Poverty And Constitutional Rights, Monica Pinto

Penn State International Law Review

No abstract provided.


Distributive Justice-Poverty And Economic Development, V.S. Elizabeth 2010 Penn State Law

Distributive Justice-Poverty And Economic Development, V.S. Elizabeth

Penn State International Law Review

No abstract provided.


Is Constitutionalism Bad For Intersectional Feminists?, Beverley Baines 2010 Penn State Law

Is Constitutionalism Bad For Intersectional Feminists?, Beverley Baines

Penn State International Law Review

No abstract provided.


Exposing The Contradiction: An Originalist's Approach To Understanding Why Substantive Due Process Is A Constitutional Misinterpretation, Jason A. Crook 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Exposing The Contradiction: An Originalist's Approach To Understanding Why Substantive Due Process Is A Constitutional Misinterpretation, Jason A. Crook

Nevada Law Journal

Few phrases in American jurisprudence have created more of a stir or inspired greater controversy than the seventeen words that comprise the due process clause of the Fourteenth Amendment. Drafted by the Reconstruction Congress in the aftermath of the Civil War, these words have been used to strike down maximum-hours legislation, permit the instruction of foreign languages in schools, and even establish the right of minors to purchase contraceptives. In light of its linguistic incongruity and the versatility of its judicial precedents, one could fairly state that the meaning of the Fourteenth Amendment's due process clause has been the ...


Deconstructing Nondelegation, Cynthia R. Farina 2010 Cornell Law School

Deconstructing Nondelegation, Cynthia R. Farina

Cornell Law Faculty Publications

This Essay (part of the panel on "The Administrative State and the Constitution" at the 2009 Federalist Society Student Symposium) suggests that the persistence of debates over delegation to agencies cannot persuasively be explained as a determination finally to get constitutional law “right,” for nondelegation doctrine—at least as traditionally stated—does not rest on a particularly sound legal foundation. Rather, these debates continue because nondelegation provides a vehicle for pursuing a number of different concerns about the modern regulatory state. Whether or not one shares these concerns, they are not trivial, and we should voice and engage them directly ...


Originalism And Original Exclusions, Mark S. Stein 2010 Harvard University

Originalism And Original Exclusions, Mark S. Stein

Kentucky Law Journal

No abstract provided.


Originalism, John Marshall, And The Necessary And Proper Clause: Resurrecting The Jurisprudence Of Alexander Addison, Patrick J. Charles 2010 Cleveland State University

Originalism, John Marshall, And The Necessary And Proper Clause: Resurrecting The Jurisprudence Of Alexander Addison, Patrick J. Charles

Cleveland State Law Review

However, to give Marshall full credit for the “choice of means” doctrine is unfair, he was not the first to lay claim to the doctrine when interpreting the Necessary and Proper Clause. Indeed, the philosophical and legal influences of John Marshall have been the speculation of scholarly discourse for some time. For instance, many legal commentators and historians have attributed the influence of Marshall's opinions to being a strong Federalist because many of his opinions echo the Federalist interpretation of the Constitution. However, Marshall's opinions were also influenced by factors that sometimes conflicted with Federalist thought. This Article ...


The Supreme Court's Legislative Agenda To Free Government From Accountability For Constitutional Deprivations, Gary S. Gildin 2010 Penn State Dickinson School of Law

The Supreme Court's Legislative Agenda To Free Government From Accountability For Constitutional Deprivations, Gary S. Gildin

Journal Articles

In Bell Atlantic Corp. v. Twombly, the Supreme Court adopted a new standard of factual particularity a plaintiff must meet to satisfy the requirement of Federal Rule of Civil Procedure 8(a)(2) that a complaint plead a “short and plain statement of the claim showing that the pleader is entitled to relief.” In Ashcroft v. Iqbal, the Court made clear that the Twombly pleading standard extended to civil actions seeking redress for deprivation of constitutional rights in particular, and universally to all Complaints filed in federal court. Commentators have debated whether after Iqbal, victims of constitutional wrongdoing will be ...


Is Ashcroft V. Iqbal The Death (Finally) Of The “Historical Test” For Interpreting The Seventh Amendment?, Kenneth S. Klein 2010 California Western School of Law

Is Ashcroft V. Iqbal The Death (Finally) Of The “Historical Test” For Interpreting The Seventh Amendment?, Kenneth S. Klein

Faculty Scholarship

There is the possibility that the recent Supreme Court decision of Ashcroft v. Iqbal finally will be the necessary impetus to revisit one of the more bizarre but enduring canards of American jurisprudence -- the way we interpret the Seventh Amendment's preservation of a right to a jury trial in federal civil litigation. The Seventh Amendment provides that "[i]n suits at common law ... the right of trial by jury shall be preserved." To this day, the way we apply the Seventh Amendment-in other words, what we interpret to be the constitutional intent and mandate of our Founders-is to postulate ...


Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner 2010 University at Buffalo School of Law

Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner

Contributions to Books

Published as Chapter 4 in New Frontiers of State Constitutional Law: Dual Enforcement of Norms, James A. Gardner & Jim Rossi, eds.


Appellate Review Of Social Facts In Constitutional Rights Cases, Caitlin E. Borgmann 2010 CUNY School of Law

Appellate Review Of Social Facts In Constitutional Rights Cases, Caitlin E. Borgmann

Publications and Research

There is great confusion among scholars and courts about whether and when appellate courts may, or must, defer to trial courts' findings of social fact in constitutional rights cases. The Supreme Court has never directly decided the question and indeed has addressed it only once, in passing. A common assumption, promoted by scholars and adopted as binding by some circuits, is that the deferential, "clearly erroneous" standard of Federal Rule of Civil Procedure 52(a)(6) does not apply to social facts. This Article challenges that assumption. There is nothing in the text of the rule that supports this conclusion ...


Redemption Song: Graham V. Florida And The Evolving Eighth Amendment Jurisprudence, Robert Smith, G. Ben Choen 2010 Harvard Law School

Redemption Song: Graham V. Florida And The Evolving Eighth Amendment Jurisprudence, Robert Smith, G. Ben Choen

Michigan Law Review First Impressions

In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits a sentence of life without parole ("LWOP") for a juvenile under eighteen who commits a non-homicide offense. For Terrance Graham, who committed home-invasion robbery at seventeen, the decision does not mean necessarily that he someday will leave the brick walls of Florida's Taylor Annex Correctional Institution. Unlike previous Eighth Amendment decisions, such as Roper v. Simmons, where the Court barred the death penalty for juveniles, this new categorical rule does not translate into automatic relief for members of the exempted class: "A State need not guarantee ...


Supreme Court Voting Behavior: 2007 Term, Richard G. Wilkins, Scott Worthington, Elisabeth Liljenquist, Adam Pomeroy 2010 University of California, Hastings College of the Law

Supreme Court Voting Behavior: 2007 Term, Richard G. Wilkins, Scott Worthington, Elisabeth Liljenquist, Adam Pomeroy

Hastings Constitutional Law Quarterly

This Study, the twenty-second in a series, tabulates and analyzes the voting behavior of the United States Supreme Court during the 2007 Term. The analysis is designed to measure whether individual Justices and the Court as a whole are voting more "conservatively," more "liberally," or about the same when compared with past Terms. This Study attempts to remove this subjectivity by applying the following consistent classification scheme to ten categories of cases across time: "conservative" votes are those that favor an assertion of governmental power, while "liberal" votes are those that favor a claim of individual liberty.

The voting patterns ...


Thirty-Five Years After Berkelman: Seeking A New Debate About Ability Grouping, Matt Chayt 2010 University of California, Hastings College of the Law

Thirty-Five Years After Berkelman: Seeking A New Debate About Ability Grouping, Matt Chayt

Hastings Constitutional Law Quarterly

In 1974, a suit filed by the parents of San Francisco children argued that the operation of a selective public school, Lowell High School, inherently violated the Equal Protection Clause of the Fourteenth Amendment. While the suit successfully changed Lowell's admissions policy with regard to gender, the plaintiffs' broader arguments were largely ignored.

This Note re-examines this suit, which challenged the educational practice known as "ability grouping." Integrating current Supreme Court jurisprudence about equal opportunity in education and other relevant case law, the Note argues for a new conversation, one expressly aimed at racial and economic justice, about contemporary ...


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