Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

Journal

2011

Institution
Keyword
Publication

Articles 301 - 310 of 310

Full-Text Articles in Entire DC Network

Material Witness Detentions After Al-Kidd, Wesley Macneil Oliver Jan 2011

Material Witness Detentions After Al-Kidd, Wesley Macneil Oliver

Kentucky Law Journal

No abstract provided.

Go to article

Cell Phone Searches Incident To Arrest: A New Standard Based On Arizona V. Gant, Ben E. Stewart Jan 2011

Cell Phone Searches Incident To Arrest: A New Standard Based On Arizona V. Gant, Ben E. Stewart

Kentucky Law Journal

No abstract provided.

Go to article

Limited War And The Constitution: Iraq And The Crisis Of Presidential Legality, Bruce Ackerman, Oona Hathaway Jan 2011

Limited War And The Constitution: Iraq And The Crisis Of Presidential Legality, Bruce Ackerman, Oona Hathaway

Michigan Law Review

We live in an age of limited war. Yet the legal structure for authorizing and overseeing war has failed to address this modern reality. Nowhere is this failure more clear than in the recent U.S. conflict in Iraq. Congress self-consciously restricted the war's aims to narrow purposes-expressly authorizing a limited war. But the Bush Administration evaded these constitutional limits and transformed a well-defined and limited war into an open-ended conflict operating beyond constitutional boundaries. President Obama has thus far failed to repudiate these acts of presidential unilateralism. If he continues on this course, he will consolidate the precedents set by …

Go to article

Independent Newspapers, Inc. V. Brodie: Maryland's Precarious Balance Between Internet Defamation And The Right To Eanonymity, Bryce Donohue Jan 2011

Independent Newspapers, Inc. V. Brodie: Maryland's Precarious Balance Between Internet Defamation And The Right To Eanonymity, Bryce Donohue

Journal of Business & Technology Law

No abstract provided.

Go to article

Delegational Delusions: Why Judges Should Be Able To Delegate Reasonable Authority Over Stated Supervised Release Conditions, Eugenia Schraa Jan 2011

Delegational Delusions: Why Judges Should Be Able To Delegate Reasonable Authority Over Stated Supervised Release Conditions, Eugenia Schraa

Fordham Urban Law Journal

This Note examines the constitutionality of allowing a probation officer the discretion to either impose or forego particular conditions of a supervised release, depending on the officer's assessment of the defendant's needs. Two federal Circuits allow probation officers to have such discretion; the majority have held that such arrangements violate Article III of the Constitution, which makes imposing a sentence an exclusively judicial task. In this Note, the author investigates the history of delegation of judicial function to non Article-III officers and examines the split in federal courts over this particular issue, ultimately advocating for the adoption of the so-called …

Go to article

Gallenthin V. Kaur: A Comparative Analysis Of How The New Jersey And New York Courts Approach Judicial Review Of The Exercise Of Eminent Domain For Redevelopment, Ronald K. Chen Jan 2011

Gallenthin V. Kaur: A Comparative Analysis Of How The New Jersey And New York Courts Approach Judicial Review Of The Exercise Of Eminent Domain For Redevelopment, Ronald K. Chen

Fordham Urban Law Journal

This Article explores two explanations for why New Jersey and New York take different approaches to judicial review of exercises of eminent domain. Part I examines the approach of both states and their differing procedures for review of administrative agency determinations. Part II discusses how each states' courts and legislatures define "blight." Part III examines how New York's approach leaves municipal officials and redevelopers free to use the more flexible concept of "underutilization" as a proxy for "blight."

Go to article

Public Use In The Dirigiste Tradition: Private And Public Benefit In An Era Of Agglomeration, Steven J. Eagle Jan 2011

Public Use In The Dirigiste Tradition: Private And Public Benefit In An Era Of Agglomeration, Steven J. Eagle

Fordham Urban Law Journal

Dirigisme is the "policy of state direction and control in economic and social matters. This Article examines dirigisme as it relates to state control of land use. It also analyzes the development of eminent domain law and the requirement that takings be for public use. The author argues that the New York Court of Appeals "subordinates constitutional protections for private property to centralized development," specifically examining the recent Goldstein and Kaur opinions. The Article also discusses the implications of condemnation for transfer for private redevelopment, including lack of transparency, secondary rent seeking, possibilities of corruption, and the inefficient use of …

Go to article

The Use And Abuse Of Blight In Eminent Domain, Martin E. Gold, Lynne B. Sagalyn Jan 2011

The Use And Abuse Of Blight In Eminent Domain, Martin E. Gold, Lynne B. Sagalyn

Fordham Urban Law Journal

This Article examines the term "blight" and how it is used in eminent domain cases. Part I discusses the development of the term and how various states define it. Part II lays out a hierarchy which may be used to compare the private benefits on one hand and the public benefits on the other hand in redevelopment projects. In Part III, the Columbia University expansion in Manhattanville is examined, at both the New York Appellate Division and Court of Appeals levels. Part IV discusses how forty-three states redefined blight after the Kelo case. Part V discusses how political and business …

Go to article

Condemning The Decisions Of The Past: Eminent Domain And Democratic Accountability, Christopher Serkin Jan 2011

Condemning The Decisions Of The Past: Eminent Domain And Democratic Accountability, Christopher Serkin

Fordham Urban Law Journal

This Essay argues that there is a seldom-recognized purpose to eminent domain: preserving the ability of elected representatives to respond to the will of the people. The author proposes that eminent domain allows government to depart from the policy choices of administrations which came before and is therefore a tool for acquiring "democratic legitimacy." He explores this theory by examining examples such as breaking up the adult use zones in Times Square and reclaiming New York's waterfront, which had been essentially cut off by highways.

Go to article

Let There Be Blight: Blight Condemnations In New York After Goldstein And Kaur, Ilya Somin Jan 2011

Let There Be Blight: Blight Condemnations In New York After Goldstein And Kaur, Ilya Somin

Fordham Urban Law Journal

This Article analyzes the New York cases of Kaur v. New York State Urban Development Corp. and Goldstein v. New York State Urban Development Corp. and asserts that the New York Court of Appeals erred in allowing such an expansive definition of "blight" and defining pretextual takings too narrowly. Part I Describes the two cases. Part II explains the concept of blight condemnation and how it was used in the two cases. Part III discusses how the two cases treat the federal constitutional standard for pretextual takings. The Article concludes that eminent domain reform requires a narrower definition of "blight" …

Go to article

First Prev