All Articles tagged Civil Liberties

• General
  July 22, 2020 EDT
  BIAS AND GUILT BEFORE INNOCENCE: HOW THE AMERICAN CIVIL LIBERTIES UNION SEEKS TO REFORM A SYSTEM THAT PENALIZES INDIGENT DEFENDANTS
  Candace White

  To implement meaningful reform, states must work alongside groups such as the ACLU to either structure reform efforts to the individual needs of communities or eliminate bail systems.

• State Constitutional Commentary
  September 13, 2019 EDT
  A CONSTELLATION OF CONSTITUTIONS: DISCOVERING & EMBRACING STATE CONSTITUTIONS AS GUARDIANS OF CIVIL LIBERTIES
  Loretta H. RushMarie Forney Miller

  This article offers ways the bench, bar, and academy can embrace state constitutional law and appreciate the constellation of state constitutions that can shine as a result.

• General
  March 03, 2007 EDT
  THE FATE OF NEW YORK PUBLIC EDUCATION IS A MATTER OF INTERPRETATION: A STORY OF COMPETING METHODS OF CONSTITUTIONAL INTERPRETATION, THE NATURE OF LAW, AND A FUNCTIONAL APPROACH TO THE NEW YORK EDUCATION ARTICLE
  Bran C. Noonan

  This article looks at two methodologies, originalism and pragmatism, and then outlines a functional approach to New York's Education Article.

• General
  January 01, 2005 EDT
  HAMDI MEETS YOUNGSTOWN: JUSTICE JACKSON’S WARTIME SECURITY JURISPRUDENCE AND THE DETENTION OF “ENEMY COMBATANTS”
  Sarah H. Cleveland

  This comment addresses the contribution of Justice Jackson's wartime security jurisprudence to contemporary questions of executive detention of enemy combatants, and particularly to the decision in Hamdi v. Rumsfeld.

• General
  January 01, 2005 EDT
  BALANCING CIVIL LIBERTIES AND HOMELAND SECURITY: DOES THE USA PATRIOT ACT AVOID JUSTICE ROBERT H. JACKSON’S “SUICIDE PACT”?
  Dick Thornburgh

  Tribute to Justice Robert Jackson