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Now showing items 1-10 of 131
Inquiry into a principle of "speech plus"
Unfortunately, Americans have been ambivalent with regard to freedom of expression and nonverbal dissent. Nonverbal conduct which is intimately linked with expression of opinions has often been considered wholly unprotected ...
Jones v. Flowers: An essay on a unified theory of procedural due process
Procedural due process has always been seen as having at least three independent strands. One is the jurisdictional or minimum contacts strand. That strand, derived from the Supreme Court's decision in International Shoe ...
Article 9 pacifism clause and Japan's place in the world
Many argue that the Article 9 pacificim clause in the Japanese constitution is an impediment to Japan assuming its rightful place in the world's current power structure as it unduly restricts the deployment capabilities ...
Civic underpinnings of legal change: Gay rights, abortion, and gun control
This article offers a civic view of legal change. This view emphasizes the role of citizens and describes the connection between civic bonds and new, sustainable legal doctrine, especially constitutional doctrine. Three ...
Anti-bootlegging provisions: Congressional power and constitutional limitations
Courts and scholars have considered the constitutional validity of 17 U.S.C.§ 1101 (civil), and 18 U.S.C. § 2319A (criminal), known as "the anti-bootlegging provisions." These provisions prohibit unauthorized recording, ...
Skills and values: The First Amendment
Social capital in constitutional law: The case of religious norm enforcemet through prayer at public occasions
Distinguishing private action from government action is the first question of constitutional law. The distinction blurs most when the government and private actors jointly cause harm. Not surprisingly, then, the Supreme ...