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From the category archives:

Constitutional Law

The Constitution of the United States

September 18, 2009

This week, the country celebrated the anniversary of the signing of the Constitution in September of 1787.  Let’s look at some of the various web sites with United States Constitutional materials.
The Library of Congress has a United States Constitution page.  Resources include scanned images of a very early printing of the U.S. Constitution and links to [...]

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Is There a Constitutional Right for Corporations to Influence Elections?

September 17, 2009

The New York Times described the case of Citizens United v. FEC, which was recently re-argued before the Supreme Court, as "a momentous case that could transform the way political campaigns are conducted."  As the NYT reports:
The case involves “Hillary: The Movie,” a mix of advocacy journalism and political commentary that is a relentlessly negative [...]

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Health Care Reform Programs at Akron Law

September 9, 2009

Akron Law will host two programs on Health Care Reform. Tomorrow, the Federalist Society and the Black Law Students Association will host a debate on the subject. On Tuesday, Sept. 15, the Constitutional Law Center will host a presentation by Dr. Sharon Hull of NEOUCOM. Both programs are free of charge and open to the [...]

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Health Care Financing Reform: (12) Kevin O'Brien: "Health Care Is Not a Right"

September 9, 2009

In a recent column Cleveland Plain Dealer reporter and columnist Kevin O'Brien makes a powerful argument for the proposition that health care is not a right.  On constitutional grounds he is absolutely correct.

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Torture Update: Inspector General Report, Special Prosecutor, and New Interrogation Unit

August 25, 2009

     Three significant events yesterday occurred yesterday on the torture front: the government released the 2004 C.I.A. Inspector General's Report on interrogations; Attorney General Eric Holder expanded the special prosecutor's jurisdiction to investigate whether interrogators broke the law; and it was revealed that the President has created a new single government unit to question "high value" prisoners [...]

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Panetta's Concern Revealed: Secret C.I.A-Blackwater Assassination Program

August 20, 2009

     In an article by Mark Mazzetti in yesterday's New York Times it was reported that the secret program that current C.I.A. Director Leon Panetta learned about, terminated, and revealed to Congress in June of 2009 was a Bush administration plan to use the Blackwater private security firm to help assassinate al-Qaeda leaders.

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Nancy Beth Cruzan and the Constitutional Right to Refuse Medical Treatment

August 18, 2009

     The right to refuse lifesaving medical treatment as well as the wisdom of filling out advance directives was established in the case of Cruzan v. Director (1990).  This case is summarized below.

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America the Beautiful: (9) Constitutional Ideals in American Art

August 13, 2009

     There are countless works of art that reflect our constitutional ideals of liberty, fairness, and equality before the law.  I can only make a brief start on that list. 

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Proposed Amendments to the Military Commissions Act: (3) The Right to Counsel

July 30, 2009

     The National Defense Authorization Act for 2010 amends the Military Commissions Act of 2006 by expressly protecting the defendant's right to choose the attorney who will represent him.

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The Posse Comitatus Act, the Insurrection Act, the Insurrection Act Rider, and the Lackawanna Six

July 28, 2009

     Lou Michel of the Buffalo News reports today that in 2002 former Vice-President Richard Cheney and Secretary of Defense Donald Rumsfeld proposed to President George W. Bush that the United States Army should carry out the arrests of six  suspected terrorists in Lackawanna, New York, and that they should be held by the military as "enemy combatants."

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Proposed Amendments to the Military Commissions Act: (1) Admissibility of Confessions

July 28, 2009

     It was big news last week when the Senate stripped funding for the F-22 from the 2010 Military Appropriations Bill.  Lost in the shuffle is that fact that the same bill makes important modifications to the Military Commissions Act in order to bring the law into conformity with our treaty obligations under the Geneva Conventions.  [...]

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Two Supreme Court Cases Relevant to the Gates Controversy

July 24, 2009

     I still haven't made up my mind as to who was right and who was wrong in the matter of the arrest of Henry Louis Gates.  I am confident that all the facts will emerge either through good investigative reporting or because some television show will induce both men to speak to each other about [...]

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