Now showing items 1-10 of 74
Same-sex marriage, conscientious objection and an ambushed Pope
G. Michael Fenner, Same-Sex Marriage, Conscientious Objection and an Ambushed Pope, Creighton Law., Fall 2016, at 22.
This article is about the United States Supreme Court decision of Obergefell v. Hodges, and the swing vote provided by Justice Anthony Kennedy. It also addresses the legal issues surrounding the conscientious objection by ...
Kurdish regional constitution within the framework of the Iraqi federal constitution: A struggle for sovereignty, oil, ethnic identity, and the prospects for a reverse supremacy clause
Michael J. Kelly, The Kurdish Regional Constitution Within the Framework of the Iraqi Federal Constitution: A Struggle for Sovereignty, Oil, Ethnic Identity, and the Prospects for a Reverse Supremacy Clause, 114 Penn St. L. Rev. 707 (2010).
The Kurdish Regional Government has drafted a new constitution that must co-exist with the Iraqi Federal Constitution. While, legally, not unlike the relationship between state and federal constitutions within the U.S., ...
Judicial fiat should not be last word
Edward A. Morse & John P. Safranek, Op-Ed., Judicial Fiat Should Not Be Last Word, Des Moines Register, Aug. 23, 2009, at OP 1.
Anti-bootlegging provisions: Congressional power and constitutional limitations
Craig W. Dallon, The Anti-Bootlegging Provisions: Congressional Power and Constitutional Limitations, 13 Vand. J. Ent. & Tech. L. 255 (2011).
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, ...
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 ...
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.
Sean Watts, Constitutional Law (Int'l Humanitarian Law Clinic at Emory Univ. Sch. of Law, International Humanitarian Law Teaching Supplement Vol. 3, 2014), http://law.emory.edu/_includes/documents/sections/clinics/constitutional-law-1.pdf.
Article 9 pacifism clause and Japan's place in the world
Michael J. Kelly, The Article 9 Pacifism Clause and Japan's Place in the World, 25 Wis. Int'l L.J. 491 (2007).
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 ...
Paul E. McGreal, Constitutional Illiteracy, 30 Ind. L. Rev. 693 (1997) (reviewing Louis Michael Seidman & Mark V. Tushnet, Remnants of Belief: Contemporary Constitutional Issues (1996)).
Counteracting ambition: Applying corporate compliance and ethics to the separation of powers concerns with domestic surveillance
Paul E. McGreal, Counteracting Ambition: Applying Corporate Compliance and Ethics to the Separation of Powers Concerns with Domestic Surveillance, 60 SMU L. Rev. 1571 (2007).
When it comes to domestic surveillance, even in the name of foreign intelligence, one constitutional challenge is to balance suspicion of and confidence in executive power - to leave the executive flexibility to meet ...