Perhaps the most obvious lesson of Cass Sunstein’s newest book is that constitutional interpretation is a much more complex matter than is often thought. Typically, we place the different approaches to constitutional interpretation into neatly separate and self-contained categories, such as origin...   MORE>>

The First Amendment of the United States Constitution prohibits Congress from interfering with an individual’s right to free speech and free exercise of religion.

While acknowledging that freedom of speech occupies a “preferred position” in constitutional jurisprudence, the United States Su...   MORE>>

The DNA Backlog Elimination Act of 2000 (DNA Act) requires convicted felons to submit DNA samples to law enforcement for entry into the Combined DNA Index System Database (CODIS). The Fourth Amendment protects individuals from searches that are deemed unreasonable. In United States v. Weikert the Un...   MORE>>

I. INTRODUCTION

Article III, Section 1 of the federal Constitution vests the judicial power of the United States in “one supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish.” Section 2 of Article III extends the judicial power to “all Cases, ...   MORE>>

I. INTRODUCTION

On February 23, 2005, Florida residents awoke to a news bulletin: a young girl was missing and police were asking for the public’s help. Over the next month, the search for twelve-year-old Jessica Lunsford dominated local news as pictures of the young girl, and details of her ab...   MORE>>

The Sixth Amendment to the United States Constitution provides a criminal defendant with the right to a trial by an impartial jury. If a jury convicts a criminal defendant, the United States Sentencing Guidelines (Sentencing Guidelines) provide guidance to federal judges for determining sentence len...   MORE>>

DEAN ALFRED C. AMAN: Good afternoon and welcome to part two of our Donahue Lecture Series. We are honored to have a very distinguished panel who will be commenting on Justice Kirby’s talk that you have just heard. I want to introduce all the members of the panel all at once and then they will spea...   MORE>>

It is a privilege for me to give the first Masterman Institute lecture. Edward Masterman has been an inspiring leader of the bar. He and his wife, Sydell, funded the institute to explore the freedom of the press and its limits. I think that is a wise combination of subjects. The press often sounds a...   MORE>>

A particular feature of the past fifty years has been the introduction of the post-war independence constitutions of many nations. The introduction of such constitutions in India, Pakistan, Ireland, Ceylon, and then many parts of Africa, Asia and the Caribbean, has resulted in the adoption of human ...   MORE>>

Preface by Professor Kate Nace Day

Introductory Remarks by Dean Alfred C. Aman

Closing Remarks by Christina Miller of the Massachusetts Lesbian and Gay Bar Association

Preface

They lose their senses. Sight goes. They have no time to look at pictures. Sound goes. They have no time to list...   MORE>>