Digital Commons Network^™

Government Election Advocacy: Implications Of Recent Supreme Court Analysis, Steven J. Andre

Steven J. Andre

The constitutional issue presented by government partisanship in elections is becoming increasingly significant for review by the U.S. Supreme Court. The high Court’s decisions in Arizona Free Enterprise Club, Citizens United v. FEC and Pleasant Grove City v. Summum shed significant light on how the high Court would handle the government campaigning question if it should ever accept review on the issue. This article reviews lower court treatment of the problem and describes the U.S. Supreme Court’s analysis of election and First Amendment concerns and applies that analysis to the question of partisan government expenditures during election contests.

The New Due Process: Rights And Remedies, Doug R. Rendleman

Doug Rendleman

This article discusses the "new" due process. Perhaps new is a misnomer. Due process was not discovered recently. It has been around a long time protecting varying interests from arbitrary action. The discovery called the "new" due process is merely that procedural protections are not so limited as previously thought. This article will examine the interests encompassed by the new due process and the remedial apparatus now being developed to protect those interests.

Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock

Doug Rendleman

Restitution may be a casualty in a collision with the constitutional law of standing. Article III is traditionally said to require an “injury in fact” for standing to be a plaintiff in federal court. Edwards, who alleges that First American paid a bribe or kickback in violation of the federal Real Estate Settlement Procedures Act, seeks to recover the statutory penalty. Defendant argues that even if it violated the Act, Edwards suffered no “injury in fact.” Our amicus brief in support of Edwards alerts the Supreme Court to the many restitutionary claims either for a wrongdoer’s profits or to set …

Cheer On Separation Of School, Religious Messages, Alan E. Garfield

Alan E Garfield

No abstract provided.

The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen

William & Mary Law Review

Democracy does not spontaneously occur by citizens gathering to choose laws. Instead, representative democracy takes place within an extensive legal framework that determines such matters as who gets to vote, how campaigns are conducted, and what conditions must be met for representatives to make valid law. Many of the “rules of the road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against partisan gerrymandering—which is partly responsible for the fact that most congressional districts are no longer party competitive, but instead are either safely Republican or safely Democratic—and against onerous …

Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf

William & Mary Law Review

No abstract provided.

Takings And Transitions, Holly Doremus

Holly Doremus

No abstract provided.

The Constitutional Right To Education In India: Horizontal Dimensions, Shubhankar Dam

Shubhankar Dam

No abstract provided.

A Clarification Of The Constitution's Application Abroad: Making The "Impracticable And Anomalous" Standard More Practicable And Less Anomalous, Jesse Merriam

William & Mary Bill of Rights Journal

No abstract provided.

Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso

Pepperdine Law Review

No abstract provided.

Police Can Stop You For Having A License Plate Bracket On Your Car, Beau James Brock, Rikki Weger

Beau James Brock

The Fourth Amendment must be protected from police excesses. Now, law enforcement is relying upon the most hyper-technical of violations to stop a vehicle. Both attorneys and judges must guard against the temptation that the ends will justify the means, only to find out later we sold out our freedom to the golden calf of drug interdiction.

Supreme Court Ponders Drug-Detection Dog's 'Sniff Test', Alan E. Garfield

Alan E Garfield

No abstract provided.

Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe

Pepperdine Law Review

No abstract provided.

The Supreme Court's Most Extraordinary Term - Introduction, Douglas W. Kmiec

Pepperdine Law Review

No abstract provided.

Misappropriating Women’S History In The Law And Politics Of Abortion , Tracy A. Thomas

Seattle University Law Review

To examine the veracity of the political and legal claims of a feminist history against abortion, this Article focuses on one of the leading icons used in antiabortion advocacy—Elizabeth Cady Stanton. Stanton has, quite literally, been the poster child for FFL’s historical campaign against abortion, appearing on posters, flyers, and commemorative coffee mugs. Advocates claim that Stanton is a particularly fitting spokesperson because she was a “feisty gal who had seven children and was outspokenly pro-life.” They claim that she “condemned abortion in the strongest possible terms” and was “a revolutionary who consistently advocated for the rights of women, for …

Affirmative Action In Education Weighed Again, Alan E. Garfield

Alan E Garfield

No abstract provided.

Threading The Needle:Constitutional Ways For Local Governments To Refuse Cooperation With Civil Immigration Policies, Mary Cheh

University of the District of Columbia Law Review

On October 19, 2011, the mayor of Washington, D.C. issued an Executive Order to limit the District's cooperation with the federal government's Immigration and Naturalization Service in identifying and deporting undocumented residents.' In so doing, the mayor joined with many other communities' that, while specifically not shielding undocumented aliens engaged in criminal activity, want to maintain the trust and care of the many law-abiding immigrants within their borders. The mayor's Order is a direct response to the federal government's more aggressive effort to enlist local authorities in the roundup of undocumented aliens,' and raises the question which is the subject …

What's Wrong With Us Political System?, Alan E. Garfield

Alan E Garfield

No abstract provided.

Ethnicity And The Constitution: Beyond The Black And White Binary Constitution, Juan F. Perea

Juan F. Perea

No abstract provided.

Can He Legally Do That? Does The President Have Directive Authority Over Agency Regulatory Decisions?, Robert V. Percival

Robert Percival

No abstract provided.

Habeas Verité, Lee B. Kovarsky

Lee Kovarsky

Three recent books from varied academic disciplines demonstrate that habeas is as much about power as it is about liberty - the power of some judges over other magistrates, the power of the judiciary over coordinagte governing institutions, and the power of dominant political coalitions ovefr the opposition.

Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer

Touro Law Review

No abstract provided.

The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano

Touro Law Review

No abstract provided.

Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince

Touro Law Review

No abstract provided.

I’Ll Take “Improper Declarations Of Mistrial” For $2,000.00: Applying The Protection Against Double Jeopardy - Robar V. Labuda, Daniel Fier

Touro Law Review

No abstract provided.

New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia

Touro Law Review

No abstract provided.

Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell

Touro Law Review

No abstract provided.

Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas

Touro Law Review

No abstract provided.

Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell

Touro Law Review

No abstract provided.

The Full Faith And Credit Clause: Do Factual Executive Documents Require Equivalent Treatment Between States?, Darren Prum

Darren A. Prum

Largely a development of the last half-century of government expansion, many of the health, safety, and welfare protections required by the federal government now fall upon the states. With the states picking up the load, many of the jurisdictions elect to administrate these duties through agencies. These agencies promulgate numerous regulations and enforce them as well. In making these laws and regulations, the government may require the public to submit documents that convey factual information in order to achieve the overall policy goal.

During these interactions with the public, the statute or regulations provide the guidance as to what qualifies …