Now showing items 1-10 of 130
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 ...
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 ...
(International Humanitarian Law Clinic at Emory University School of Law, 2014)
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, ...
Interstate recognition of non-traditional marriages
Essential irrelevance of the full faith and credit clause to the same-sex marriage debate
Although the Full Faith and Credit Clause is often assumed by the popular press and some legal commentators to impose a mandatory duty on states to recognize same-sex marriages validly celebrated in another state, this ...