Now showing items 1-10 of 41
Legal perspective: Free exercise vs. the establishment clause
Mangrum, R. Collin, A Legal Perspective: Free Exercise vs. the Establishment Clause, Creighton U. Mag., Winter 2006, at 22.
Jones v. Flowers: An essay on a unified theory of procedural due process
Patrick J. Borchers, Jones v. Flowers: An Essay on a Unified Theory of Procedural Due Process, 40 Creighton L. Rev. 343 (2007).
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 ...
Of speech, politics, and circular history
Michael J. Kelly, Of Speech, Politics, and Circular History, 2 J. Nat'l Security L. & Pol'y 195 (2006) (reviewing Geoffrey R. Stone, Perilous Times: Free Speech in Wartime, From the Sedition Act of 1798 to the War on Terrorism (2004)).
Today's confrontation clause (after Crawford and Melendez-Diaz)
G. Michael Fenner, Today's Confrontation Clause (After Crawford and Melendez-Diaz), 43 Creighton L. Rev. 35 (2009).
EU Constitution and the Union's democratic deficit
Stephen C. Sieberson, The EU Constitution and the Union's Democratic Deficit, in Expanded EU: From Autonomy to Alliance 121 (Kseniya M. Khovonova, Nejat Dogan, & Maxsym Kovalov eds., 2008).
This article weighs the European Union's proposed Constitution against historical complaints that the EU suffers from a democratic deficit. Various manifestations of the deficit are identified from official documents, ...
Consequences of refusing consent to a search or seizure: The unfortunate constitutionalization of an evidentiary issue
Kenneth J. Melilli, The Consequences of Refusing Consent to a Search or Seizure: The Unfortunate Constitutionalization of an Evidentiary Issue, 75 S. Cal. L. Rev. 901 (2002).
Article about the consequences of refusing consent to a search or seizure.
Saving Article I from Seminole Tribe: A view from The Federalist Papers
Paul E. McGreal, Saving Article I from Seminole Tribe: A View from The Federalist Papers, 55 SMU L. Rev. 393 (2002).
Why repeal of the death tax means the second demise of substantive due process
Paul E. McGreal, Why Repeal of the Death Tax Means the Second Demise of Substantive Due Process, 39 San Diego L. Rev. 551 (2002).
The case for a constitutional easement approach to permanent monuments in traditional public forums
Paul E. McGreal, The Case for a Constitutional Easement Approach to Permanent Monuments in Traditional Public Forums, 103 Nw. U. L. Rev. Colloquy 185 (2008).
This November, the Supreme Court will hear argument in City of Pleasant Grove v. Summum, where the question is whether the public has a right to place permanent monuments in a traditional public forum, such as a city park. ...
Applying Coase to qui tam actions against the states
Paul E. McGreal & DeeDee Baba, Applying Coase to Qui Tam Actions Against the States, 77 Notre Dame L. Rev. 87 (2001).