Describes a yearly series of about 10 classes in which a constitutional law teacher and a property law teacher blend their classes to team-teach a topic that has a solid footing in each course: the law applicable to governmental takings of private property for public use. (EV)

Argues that Kenneth Burke's rhetorical theory is exemplified in the statements of Justice Louis Brandeis, whose concept of "the living law" explores the contemporary scene as ground for judicial review. Contends that Robert Bork's search for "neutral principles" in Constitutional words ignores the symbolic and dialectical…

Saying the Pledge of Allegiance in public schools has generated controversy for more than sixty years. On Flag Day, June 14, 2004, the U.S. Supreme Court sidestepped an opportunity to clarify the constitutionality of public school students reciting "under God" in the Pledge of Allegiance. But this issue is not going away. Following the Supreme…

This article will deal with an analysis of how education appears in the future "European Constitution" that will be the reference point for European Union actions on education issues in coming years, even though it has been questioned by the negative results of the "referendums" in France and Holland. Subsequently, there will…

Federal constitutional law currently permits choice programs that include religious schools only if they provide parents with "genuine and independent choice"; as the leading federal case demonstrates, whether this test is satisfied is an interesting and difficult empirical question. State doctrine regarding establishment of religion can be…

In September, Oxford University Press published "Not a Suicide Pact: The Constitution in a Time of National Emergency," written by Richard Posner, a judge on the U.S. Court of Appeals for the Seventh Circuit. Judge Posner's book, which explores how people might strike a balance between constitutionally protected liberties and security concerns…

School leaders attest to educational and social benefits from diversity. They argue that local housing patterns historically tend to separate families of different races and may lead to schools that are racially homogeneous if the districts do not counter them with assignment policies that consider race. This article discusses race in education…

United States Supreme Court Justice Clarence Thomas writing for a plurality of the Court in "Mitchell v. Helms" in 2000 advanced the idea that state constitutional prohibitions against public funding of religious schools were manifestations of anti-Catholic bigotry in the late 19th century. Thomas' reading of history and law led him to…

The author opposes any Institutional Review Boards (IRBs) overseeing the work of journalism professors and journalism students in any academic institution. He argues that the tendency for IRBs to require anonymity for persons interviewed immediately reduces the credibility of any journalistic story. The composition of an IRB is questioned on…

On May 17, 2004, Massachusetts became the first state to legalize same-gender marriage. From California to Missouri, nearly all states now face legislative challenges to the once firmly entrenched notion that marriage can only exist between a man and a woman. Public opinion polls conducted from 1977 to 2004 found that Americans' attitudes toward…

The Constitution empowers Congress to protect the rights of authors. There is disagreement, however, over whether Congress may grant authors a limited monopoly on their works or may regulate authorship by permitting reasonable public access to creative works. The traditional view of expansive pre-publication rights for authors is supported by…

Arranged in three sections, this paper summarizes Congressional action pertaining to the proposed Equal Rights Amendment (ERA) from the bill's introduction in 1969 to its defeat in 1982. Part 1, an introduction, provides a brief overview of the legislative process and explains how to obtain cited publications for further reference. Part 2 includes…

Part 1 of this three-part article traces James Madison's life and focuses primarily on those events that prepared him for leadership in the U.S. Constitutional Convention of 1787. It describes his early love of learning, education, and public service efforts. Part 2 chronicles Madison's devotion to study and preparation prior to the Constitutional…

Explores the differences between the U.S. Constitution and British constitutional law. Specifically examines the concept of the U.S. Bill of Rights in relation to the United Kingdom common law doctrine of parliamentary sovereignty. (BSR)

Discusses Patrick Henry's and James Madison's opinions on how the U.S. Constitution should be constructed. Describes how Henry introduced a set of substantive objections which were shared by Antifederalists throughout the country and persuaded many Revolutionaries that the Constitution was essentially at odds with the principles of 1776. (BSR)