Digital Commons Network^™

How Diversity Fared In The Court’S October 2012 Term, Lynne Rambo

Lynne H. Rambo

No abstract provided.

Holdings, Dicta, And The Paradigms Of Precedent, Randy J. Kozel

Randy J Kozel

In United States v. Windsor, the Supreme Court invalidated a key provision of the federal Defense of Marriage Act. In doing so, it raised significant questions about the power of states to limit the institution of marriage to opposite-sex couples. That issue was not presented in Windsor itself, but Windsor’s reasoning and rhetoric have already begun to play a pivotal role in ensuing challenges to state laws. Determining the future effects of Windsor, or of any other Supreme Court decision, requires defining the scope of judicial precedent. One account of precedent is restrictive: Only a court’s holdings must …

Cases On Criminal Procedure, Robert Bloom

Robert Bloom

No abstract provided.

Symposium Opening, Rachel Hughes, Tamara Piety

Tamara R. Piety

Opening remarks and introduction to the 12th annual Tulsa Law Review's Legal Scholarship Symposium.

"The Move To Amend": Making Citizens United Even Worse?, Kent Greenfield

Kent Greenfield

No abstract provided.

Participant, "Block That Metaphor? Corporate Personhood Before And After Citizens United", Kent Greenfield

Kent Greenfield

No abstract provided.

Faculty Colloquia, Spring 2010 Series, Royce Barondes, Kimberle Crenshaw, Chris Elmendorf, Michael Kang, Oliver Moreteau, Deborah Pearlstein, Richard Peltz, Nirej Sekhon, Stephanie Stern, Lee-Ford Tritt, Michael Zimmer

Lee-ford Tritt

Spring 2010 Presenters January 25: Royce Barondes (University of Missouri School of Law), ABA Ratings of Federal District Court Judges and the Likelihood of a Shepard’s Warning Signal February 1: Stephanie Stern (Loyola University Chicago School of Law), The Inviolable Home: From Iconic Property to Relational Privacy in the Fourth Amendment February 8: Michael Kang (Emory University School of Law), Sore Loser Laws February 15: Oliver Moreteau (LSU Paul M. Hebert Law Center), The Future of Civil Codes in Europe February 22: Deborah Pearlstein (Princeton University Woodrow Wilson School for Public and International Affairs), After Deference: Formal Approaches to Interpretation …

Límites Constitucionales A La Autonomía Privada: La (Supuesta) Santidad De Los Contratos Bajo El Tamiz De La Comparación Jurídica, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

Gun Control And The Right To Bear Arms, Lynne Rambo

Lynne H. Rambo

No abstract provided.

Bioethics And Law In The United States: A Legal Process Perspective, Charles Baron

Charles H. Baron

No abstract provided.

Should Insurance Companies Be Forced To Reimburse Contraceptives Despite Religious Objections?, Robin Wilson, Tamara Piety

Tamara R. Piety

Presented by TU's Federalist Society: Professor Robin Fretwell Wilson, the Class of 1958 Law Alumni Professor of Law and the Law Alumni Faculty Fellow for 2011—2012, received her J.D. and B.A. degrees from the University of Virginia where, at the School of Law, she served on the Editorial Board of the Virginia Law Review. Before entering practice, she clerked for the United States Court of Appeals for the Fifth Circuit. A specialist in Family Law and Health Law, her research and teaching interests also include Insurance and Biomedical Ethics. Professor Wilson is the editor of four volumes: Health Law and …

Living The Lifo: Why California Teachers Unions Should Reconsider Last In First Out, Nathan K. Low

Nathan K Low

California is one of the most dynamic battleground states where education reformers, teachers’ unions, and school districts are locked in combat to further their respective interests. Over the past several decades, teachers’ unions have been so vilified that support for union-backed policies, no matter how effective, are shunned by the public. A strategic retreat is necessary in order to illustrate flexibility and to show a prioritization of students’ education rights. Within Los Angeles Unified School district, the second largest school district in the country, reformers are fighting for more teacher accountability through both legislation and litigation. The upcoming, paramount case …

Fifteen Years And Death: Double Jeopardy, Multiple Punishments, And Extended Stays On Death Row, Michael J. Johnson

Michael P. Johnson

Fifteen Years and Death is a Note that considers a completely novel application of the Double Jeopardy Clause to excessive time on death row. Traditionally, death penalty opponents have attacked the now fifteen-year average wait time on death row as a violation of the Eighth Amendment’s prohibition on cruel and unusual punishments, but this argument has fallen flat time and time again as courts have been reluctant to find merely living in prison to be “cruel” or “unusual.” Most courts do admit, however, that such time on death row does constitute some sort of punishment. As originally imagined, the Double …

Federal Habeas Corpus: Executive Detention And Post-Conviction Litigation, Brandon Garrett, Lee Kovarsky

Lee Kovarsky

This casebook is the first to cover federal habeas corpus comprehensively, presenting post-conviction review and executive detention litigation in an accessible way. It is designed both for standalone courses on habeas corpus, and for courses focusing on post-conviction litigation, wrongful convictions, and national security detention. The first two chapters introduce students to the habeas privilege and the Suspension Clause. A four-chapter unit on post-conviction litigation carefully explores cognizability, procedural doctrines, and merits adjudication. Two chapters develop the role habeas plays in review of immigration and other types of civil detention. A substantial two-chapter unit examines habeas review of military custody.

How Many Unique Words Did It Take To Write Our First Constitution?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In 3,466 words – crafted between July, 1776 and November, 1777 – the Continental Congress created Constitution I, universally known as the Articles of Confederation. How many of these words are unique? And how many of these 3,466 words did the Philadelphia convention use in crafting the 4,321 words of Constitution II?

Foro: Los Aportes De La Sana Antropologia Y Su Incidencia En Los Derechos De La Infancia Y La Adolescencia®, Daniel Fernando Gómez Tamayo

Daniel Fernando Gómez Tamayo.PhD Canon Law

Moderator, Progressive Ideas In Corporate Law, Kent Greenfield

Kent Greenfield

No abstract provided.

How Many Unique Words Did It Take To Write Our First Constitution?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In 3,466 words – crafted between July, 1776 and November, 1777 – the Continental Congress created Constitution I, universally known as the Articles of Confederation. How many of these words are unique? And how many of these 3,466 words did the Philadelphia convention use in crafting the 4,321 words of Constitution II?

Table Annexed To Article: Our Constitutional Kinesis: Words That Can Go Like A Machine, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Americans have long been known for their appreciation of the kinetic effort involved in writing constitutional text, as long as the work begun at York, Pa (October, 1777) is subordinated to that commenced at Philadelphia (May, 1787). Gathered in one place are selected ‘machine’ quotes by which text itself is ennobled as automaton. OCL lists and reports for further investigation into this phenomenon.

Development Through Sport: Fans And Critics Of The New Player On The Field, Danielle Ireland-Piper

Danielle Ireland-Piper

Literature on international aid and development espouses the principle of ‘do no harm’. In that context, there has been an increased interest in, and incident of, Development through Sport (DTS) initiatives. As with all new players in an old game, the DTS movement has both its fans, and critics. This paper seeks to acknowledge the benefits advocated by fans; engage with its critics; and propose means by which to reconcile the two. In so doing, the distinction is made between ‘Sport Development’, and ‘Development through Sport’. The paper concludes that goodwill, while commendable, is not enough achieve sustainable development goals. …

Bioethics And Law In The United States: A Legal Process Perspective, Charles Baron

Charles H. Baron

No abstract provided.

The Implausibility Of Secrecy, Mark Fenster

Mark Fenster

Government secrecy frequently fails. Despite the executive branch’s obsessive hoarding of certain kinds of documents and its constitutional authority to do so, recent high-profile events—among them the WikiLeaks episode, the Obama administration’s celebrated leak prosecutions, and the widespread disclosure by high-level officials of flattering confidential information to sympathetic reporters—undercut the image of a state that can classify and control its information. The effort to control government information requires human, bureaucratic, technological, and textual mechanisms that regularly founder or collapse in an administrative state, sometimes immediately and sometimes after an interval. Leaks, mistakes, open sources—each of these constitutes a path out …

Originalism & Same-Sex Marriage, Grant R. Darwin

Grant R Darwin

Supreme Court Justice Antonin Scalia has repeatedly asserted that same-sex marriage is an easy question for originalism; it is clearly not within the Constitution’s purview. The purpose of this Article is to challenge that claim by illustrating how an originalist could find that denying same-sex marriage contravenes the original public meaning of the Fourteenth Amendment. It seeks first to ascertain the original public meaning of Section One of the Fourteenth Amendment. The Article finds that Section One may serve as a prohibition on systems of caste and class legislation or alternatively as a ban on partial or special class legislation …

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock

Charles W. Murdock

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension, …

Padilla Postconviction Claims In Florida: Squaring Chaidez, Hernandez And Castaño, Rebecca Sharpless, Andrew Stanton

Rebecca Sharpless

In Padilla v. Kentucky, the U.S. Supreme Court ruled that the Sixth Amendment requires defense attorneys to counsel their noncitizen clients about the immigration consequences of a plea. Padilla had pled guilty in state court to a drug crime and, after his conviction became final, filed a state postconviction motion alleging that his attorney rendered ineffective assistance of counsel by failing to advise him that his plea would trigger deportation. In holding that Padilla was entitled to competent advice regarding the consequences of his plea, the Court recognized what professional norms have required for at least the last two decades. …

Progressive Possibilities For Corporate Law, Kent Greenfield

Kent Greenfield

No abstract provided.

National Legislators Appraise Their World: A Comparison Of Us And Uk Text Writers (1801/1802), Peter J. Aschenbrenner

Peter J. Aschenbrenner

Parliament (primary text writer, the House of Commons) produced 26,647 words beginning in 1801; in in a comparable interval, Congress produced 27,123 words. By happy coincidence, this was the first year that Parliament served as the text-writer for the newly-minted United Kingdom of Great Britain and Ireland. Appraisives in the English language, numbering 3,687 have been tested against the Early Constitution. Appraisives in the Early Constitution, 2 OCL 193. This investigation tests the known class of appraisives in these target vocabularies employed by Congress and Parliament. Mean words between ‘hits’ are returned.

Panelist, Mini-Symposium On Tamar Frankel's Book The Ponzi Scheme Puzzle, Kent Greenfield

Kent Greenfield

No abstract provided.

Featured Speaker, Demos Monthly Meeting, Kent Greenfield

Kent Greenfield

No abstract provided.

When Religion And Law Conflict, Alan Garfield

Alan E Garfield