Now showing items 1-10 of 21
Constitutional Law: Cases, Materials, & Problems
(Wolters Kluwer, 2011)
In Constitutional Law: Cases, Materials, and Problems Professor Richard Rosen and co-authors provide cases and notes in a casebook format for Constitutional law students. Issues include judicial review, national legislative ...
Knowing "Consent" Means "Knowing Consent": The Underappreciated Wisdom of Justice Marshall's Schneckloth v. Bustamonte Dissent
(Mississippi Law Journal, 2009)
This Article argues that the majority opinion in the Supreme Court’s decision in Schneckloth v. Bustamonte, 412 U.S. 218 (1973), has led to a burgeoning jurisprudence of placing a premium on citizens’ ignorance of their ...
What Hath 9/11 Wrought?
Post-9/11 security measures in airports across the United States are infringing on everyday citizens’ Fourth Amendment rights. This article explores the astounding scope and number of searches and seizures performed by ...
The Exclusionary Rule as a Remedy
The United States Supreme Court currently views the exclusionary rule as a remedy instead of an inherent right. This article discusses why the exclusionary rule is not a right and how the exclusionary remedy should work. ...
Juveniles and the Constitution
A presentation exploring juveniles’ rights under the U.S. Constitution. Topics include: the establishment of religion; free speech in school; free speech outside of school; search and seizure in school; personal autonomy; ...
Tyranny by Proxy: State Action and the Private Use of Deadly Force
This article discusses the application of state actor doctrine to laws permitting the use of deadly force against a non-threatening felon. The article poses a third exception to the state actor doctrine in the form of a ...
Tech student files lawsuit against administrators
(The University Daily, 2003-06-17)
Abandoning Standing: Trading a Rule of Access for a Rule of Deference
(Administrative Law Review, 2008)
The Supreme Court's long struggle over the nature of constitutional standing has taken on new urgency with the addition of Chief Justice Roberts and Justice Alito to the Court. Four justices are now strongly committed to ...
The Use, Nonuse, and Misuse of Low Value Speech
In this article, Professor Arnold H. Loewy discusses the historical advent of “low value” as a category of speech, separate and apart from fully-protected “high value” speech and unprotected “no value” speech. He looks at ...
Religious Neutrality and the Death Penalty
In this article, Professor Arnold H. Loewy discusses the application of religious neutrality to religion-based peremptory challenges in death penalty cases. He discusses the historical treatment of religion as an allowable ...