ABA Journal

Constitutional Law

8505 ABA Journal Constitutional Law articles.

No Rehearing in Gun Rights Case

A federal appeals court has refused to rehear a decision holding that the Second Amendment protects an individual right to bear arms.

The March decision by a three-judge panel of…

NC Court Battle Over Taking Oath on Quran

Putting one’s hand on the Bible to swear to tell the truth, the whole truth and nothing but the truth is a relic of history in most American courtrooms today.…

No Right to Bear Cell Phones

A New York judge has upheld a ban on cell phones at public schools.

Judge Lewis Bart Stone said the ban was reasonable and did not violate the Constitution, according…

Liberal Law Profs Back Right to Own Guns

Several liberal law professors are concluding that the Second Amendment protects an individual right to bear arms.

Scholarship by Harvard law professor Laurence Tribe and others has changed the debate…

House Passes Hate Crimes Bill

The House of Representatives has passed a bill that would expand the definition of hate crimes to cover wrongdoing motivated by a victim’s “gender, sexual orientation, gender identity” or disability.

Inmate May Pursue Smoking Claim

A federal appeals court is allowing a prisoner to pursue a claim that he was exposed to excessive tobacco smoke that caused so much discomfort it violated the ban on…

Bush Threatens Veto of Hate Crimes Bill

President Bush is threatening to veto a bill that expands hate crimes legislation to protect against crimes motivated by gender or sexual orientation.

Radical Claims Right to Make Bomb Speech

A former environmental rights radical is awaiting trial in San Diego for explaining in a speech how to make an incendiary device.

Rod Coronado maintains he had a First Amendment…

Ads Not Enough to Warn of Unclaimed Property

Ads that read “You May Be Owed Money!” and invite readers to check a state-run Web site aren’t enough to protect property owners’ rights to unclaimed assets, a federal appeals…

Prosecutorial Power over DNA Tests Blocked

The Ohio Supreme Court has struck down a law that allowed prosecutors to reject requests for DNA testing by some inmates.

The court said prosecutors, who are part of the…

Congressman Liable for Disclosing Taped Call

D.C. Circuit ruling turns on an ethics committee confidentiality rule; congressman could be out more than $500,000.

Intelligence Chief Backs Wiretap Power

The new director of national intelligence says the president has the constitutional authority to order domestic wiretaps without seeking approval from the Foreign Intelligence Surveillance court.

Michael McConnell told the…

A Law Day Irony?

A Washington Post column takes President Bush to task, claiming he violates the spirit of Law Day.

The Post column by Ruth Marcus notes that Bush signed the…

Stevens Issues Sarcastic Dissent in Chase Case

Justice John Paul Stevens was the lone—and sarcastic—dissenter in yesterday’s Supreme Court decision barring liability for a sheriff’s deputy who rammed a fleeing car, causing an accident that paralyzed the…

Supreme Court to Hear Bush-Texas Standoff

The U.S. Supreme Court has agreed to hear a case that asks whether President Bush may order a state court to abide by an international court ruling.

The case involves…

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