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Constitutional Law

2018

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El Papel De Transparencia Por Colombia En La Lucha Contra La Corrupción, Luisa Fernanda Sánchez González, Liliana Marcela Sastoque Martínez Dec 2018

El Papel De Transparencia Por Colombia En La Lucha Contra La Corrupción, Luisa Fernanda Sánchez González, Liliana Marcela Sastoque Martínez

Contaduría Pública

Transparencia por Colombia en sus dos décadas de existencia ha realizado aportes significativos para la lucha contra la corrupción, si bien es difícil establecer la cuantía de los actos de corrupción, podemos resaltar que el papel de esta ONG ha permitido que exista mejor y mayor acceso a la información por parte de la ciudadanía y esto se evidencia en el aumento de denuncias y en rechazos a través de las redes sociales y otros medios de comunicación a los actos de corrupción .En el presente artículo se describen algunos de los programas que esta entidad ha venido desarrollando en ...


C O N Stitu Tio N - T H E G U A R A N T E E Of T H E P R O T Ec T Io N Of H U M An R Ig H T S, Sh Qulmatov Dec 2018

C O N Stitu Tio N - T H E G U A R A N T E E Of T H E P R O T Ec T Io N Of H U M An R Ig H T S, Sh Qulmatov

ProAcademy

This article emphasizes that along with the fact that the Constitution of the Republic of Uzbekistan is the legal basis for the main tasks of ensuring independence, peace and stability in the country, the issue of protecting the rights and freedoms of citizens has become its substance. Laws, which have been adopted in accordance with the Basic Law, primarily aimed at improving the protection of the interests of individuals and citizens, as well as its guarantees. In addition, the latest reforms in the judicial and legal system as well as the issues of their implementation in law enforcement practice have ...


Semantic Originalism, Moral Kinds, And The Meaning Of The Constitution, Ash Mcmurray Dec 2018

Semantic Originalism, Moral Kinds, And The Meaning Of The Constitution, Ash Mcmurray

BYU Law Review

No abstract provided.


Marbury In Mexico: Judicial Review's Precocious Southern Migration, M. C. Mirow Dec 2018

Marbury In Mexico: Judicial Review's Precocious Southern Migration, M. C. Mirow

M. C. Mirow

Scholars agree that the United States Supreme Court did not "discover" the general judicial review aspects of Marbury v. Madison (1803) until nearly a century later in 1895. This article reveals that the Mexican Supreme Court, relying heavily on U.S. constitutional sources and actually quoting Marbury, discovered this aspect of the case more than a dozen years earlier than the United States Supreme Court.

In attempting to construct United States-style judicial review for the Mexican Supreme Court in the 1880s, Ignacio Vallarta, president of the court, read Marbury in a way that preceded this use of the case in ...


Cooper V. State, 134 Nev. Adv. Op. 104 (Dec. 27, 2018), Christi Dupont Dec 2018

Cooper V. State, 134 Nev. Adv. Op. 104 (Dec. 27, 2018), Christi Dupont

Nevada Supreme Court Summaries

The Court determined that removing a potential juror on the basis of race is a violation of the Equal Protection Clause and held that the district court erred when it did not find a prima facie showing of race-based discrimination during the jury selection process.


Rethinking The Federal Indian Status Test: A Look At The Supreme Court's Classification Of The Freedmen Of The Five Civilized Tribe Of Oklahoma, Clint Summers Dec 2018

Rethinking The Federal Indian Status Test: A Look At The Supreme Court's Classification Of The Freedmen Of The Five Civilized Tribe Of Oklahoma, Clint Summers

American Indian Law Journal

No abstract provided.


The Tribal Franchise: An Expression Of Tribal Sovereignty And A Potential Solution To The Problem Of Mass Disenrollment, Brent Mulvaney Dec 2018

The Tribal Franchise: An Expression Of Tribal Sovereignty And A Potential Solution To The Problem Of Mass Disenrollment, Brent Mulvaney

American Indian Law Journal

No abstract provided.


August 2017 - August 2018 Case Law On American Indians, Thomas P. Schlosser Dec 2018

August 2017 - August 2018 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai Dec 2018

The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai

American Indian Law Journal

No abstract provided.


Fiduciary Blind Spot: The Failure Of Institutional Investors To Prevent The Illegitimate Use Of Working Americans' Savings For Corporate Political Spending, Leo E. Strine Jr. Dec 2018

Fiduciary Blind Spot: The Failure Of Institutional Investors To Prevent The Illegitimate Use Of Working Americans' Savings For Corporate Political Spending, Leo E. Strine Jr.

Faculty Scholarship at Penn Law

For decades, American workers have been subjected to increasing pressure to become forced capitalists, in the sense that to provide for retirement for themselves, and to pay for college for their children, they must turn part of their income every month over to mutual funds who participate in 401(k) and 529 programs. These “Worker Investors” save for the long term, often hold portfolios that are a proxy for the entire economy, and depend on the economy’s ability to generate good jobs and sustainable growth in order for them to be able to have economic security. In recent years ...


Standing To Appeal At The Federal Circuit: Appellants, Appellees, And Intervenors, Matthew J. Dowd, Jonathan Stroud Dec 2018

Standing To Appeal At The Federal Circuit: Appellants, Appellees, And Intervenors, Matthew J. Dowd, Jonathan Stroud

Catholic University Law Review

The America Invents Act of 2011 created three administrative patent review regimes that have flooded the rechristened Patent Trial and Appeal Board with almost 7,000 new matters in just under five years. The flood of matters—primarily, inter partes reviews (IPRs)—has led to more than 1,000 appeals to the U.S. Court of Appeals for Federal Circuit from administrative proceedings, eclipsing any other forum of origin. With the flood of administrative appeals, questions of first instance on appellate standing have arisen, resulting in a handful of important panel decisions.

While the other regional Courts of Appeals have ...


A Constitutional Hope: An Alternative Approach To The Right Of Privacy And Marijuana Laws Using Argentina As An Example, Kevin E. Szmuc Dec 2018

A Constitutional Hope: An Alternative Approach To The Right Of Privacy And Marijuana Laws Using Argentina As An Example, Kevin E. Szmuc

University of Miami International and Comparative Law Review

No abstract provided.


The Rational Basis Test And Why It Is So Irrational: An Eighty-Year Retrospective, James M. Mcgoldrick Jr. Dec 2018

The Rational Basis Test And Why It Is So Irrational: An Eighty-Year Retrospective, James M. Mcgoldrick Jr.

San Diego Law Review

The Rational Basis test is one of the most common and yet perhaps the most insignificant United States Supreme Court test in the history of the constitution, yet year in year out clients and lawyers will submit another brief hoping against hope that this time there might be a meaningful outcome. There will not be.

This article attempts to explain why the rational basis test is so irrational in its outcome, why basic interests are disregarded in the name of judicial respect for the legislative process, and how easy it would be for there to be a better outcome. The ...


Brackeen V. Zinke, Bradley E. Tinker Dec 2018

Brackeen V. Zinke, Bradley E. Tinker

Public Land & Resources Law Review

In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians ...


The Esquire Case: A Lost Free Speech Landmark, Samantha Barbas Dec 2018

The Esquire Case: A Lost Free Speech Landmark, Samantha Barbas

William & Mary Bill of Rights Journal

No abstract provided.


The Father Of Modern Constitutional Liberalism, John Lawrence Hill Dec 2018

The Father Of Modern Constitutional Liberalism, John Lawrence Hill

William & Mary Bill of Rights Journal

No abstract provided.


The Superior Solution To The “Denominator Problem” — Comparing The Majority And Dissent’S Property Benchmark Tests In Murr V. Wisconsin With A Focus On Property Owners’ Reasonable Expectations, Rosemary K. Mcguirk Dec 2018

The Superior Solution To The “Denominator Problem” — Comparing The Majority And Dissent’S Property Benchmark Tests In Murr V. Wisconsin With A Focus On Property Owners’ Reasonable Expectations, Rosemary K. Mcguirk

William & Mary Bill of Rights Journal

No abstract provided.


Who’S Your Sovereign?: The Standing Doctrine Of Parens Patriae & State Lawsuits Defending Sanctuary Policies, Lexi Zerrillo Dec 2018

Who’S Your Sovereign?: The Standing Doctrine Of Parens Patriae & State Lawsuits Defending Sanctuary Policies, Lexi Zerrillo

William & Mary Bill of Rights Journal

No abstract provided.


A Reparative Justice Approach To Assessing Ancestral Classifications Aimed At Colonization’S Harms, Susan K. Serrano Dec 2018

A Reparative Justice Approach To Assessing Ancestral Classifications Aimed At Colonization’S Harms, Susan K. Serrano

William & Mary Bill of Rights Journal

No abstract provided.


Other Lands And Other Skies: Birthright Citizenship And Self-Government In Unincorporated Territories, John Vlahoplus Dec 2018

Other Lands And Other Skies: Birthright Citizenship And Self-Government In Unincorporated Territories, John Vlahoplus

William & Mary Bill of Rights Journal

No abstract provided.


Education Reform And Detroit’S Right To Literacy Litigation, Kristine L. Bowman Dec 2018

Education Reform And Detroit’S Right To Literacy Litigation, Kristine L. Bowman

Washington and Lee Law Review Online

Ongoing education reform litigation arising out of Detroit, Michigan presents an innovative claim: Children have an unenumerated federal constitutional right of access to literacy. On June 29, 2018, the district court granted defendants’ motion to dismiss. The case is now on appeal to the Sixth Circuit and is expected to be argued in the first half of 2019. This litigation has already broken new ground and, regardless of the ultimate outcome, it is valuable because it invites us to revisit fundamental questions about rights, remedies, and the role of courts in education reform.


Rwu First Amendment Blog: David Logan's Blog: Recognizing The Free Press In The Crosshairs Across The Globe 12-12-2018, David A. Logan Dec 2018

Rwu First Amendment Blog: David Logan's Blog: Recognizing The Free Press In The Crosshairs Across The Globe 12-12-2018, David A. Logan

Life of the Law School (1993- )

No abstract provided.


President Trump’S Unilateral Attempt To Cease All Implementation Of The Paris Agreement And To Withdraw From It: Constitutional?, Phillip M. Kannan Dec 2018

President Trump’S Unilateral Attempt To Cease All Implementation Of The Paris Agreement And To Withdraw From It: Constitutional?, Phillip M. Kannan

Pace Environmental Law Review

In his announcement, President Trump stated that he would comply with the withdrawal provision in the Paris Agreement. This Essay argues that, while compliance with that process may satisfy the treaty obligation, it probably does not conform to U.S. constitutional standards, and therefore, would not be binding on the United States. The argument demonstrating the failure of the President to satisfy constitutional standards proceeds as follows. Part I develops the context in which the Paris Agreement arose. Part II briefly summarizes the Paris Agreement. In Part III, I argue that President Trump’s attempt to cease implementation of the ...


The Future Of Freedom Of Expression Online, Evelyn Mary Aswad Dec 2018

The Future Of Freedom Of Expression Online, Evelyn Mary Aswad

Duke Law & Technology Review

Should social media companies ban Holocaust denial from their platforms? What about conspiracy theorists that spew hate? Does good corporate citizenship mean platforms should remove offensive speech or tolerate it? The content moderation rules that companies develop to govern speech on their platforms will have significant implications for the future of freedom of expression. Given that the prospects for compelling platforms to respect users’ free speech rights are bleak within the U.S. system, what can be done to protect this important right? In June 2018, the United Nations’ top expert for freedom of expression called on companies to align ...


Clearly Canadian--Hill V. Colorado And Free Speech Balancing In The United States And Canada, Donald L. Beschle Dec 2018

Clearly Canadian--Hill V. Colorado And Free Speech Balancing In The United States And Canada, Donald L. Beschle

Donald L. Beschle

Two doctrines have equally influenced and informed the debate regrading the scope of the First Amendment free speech guarantee: absolutism versus the balancing of competing interests. Despite the language of the United States Constitution that suggests the application of absolutes, the courts have often resorted to balancing in the resolution of cases. This Article examines the debate by comparing the different approaches taken by the courts in the United States and Canada. This examination reveals that perhaps the two doctrines do not need to negate each other in their application, and that a recent decision by the United States Supreme ...


State Ex Rel. Holmes V. Gainer: The Legislative Pay Raise And The Disappearing West Virginia Constitution, Matthew L. Clark Dec 2018

State Ex Rel. Holmes V. Gainer: The Legislative Pay Raise And The Disappearing West Virginia Constitution, Matthew L. Clark

West Virginia Law Review

No abstract provided.


State V. Second Judicial Dist. Court. (Hearn (Matthew)), 134 Nev. Adv. Op. 96 (Dec. 6, 2018) (En Banc), Taylor Buono Dec 2018

State V. Second Judicial Dist. Court. (Hearn (Matthew)), 134 Nev. Adv. Op. 96 (Dec. 6, 2018) (En Banc), Taylor Buono

Nevada Supreme Court Summaries

The Court affirmed the district court’s decision and held that the prosecutorial consent provision in NRS 176A.290 violated the Nevada Constitution’s separation of powers doctrine. Furthermore, the Court struck the offending language, finding that the provision could be severed from the statute without impacting the legislature’s intent.


The Pope And The Capital Juror, Aliza Plener Cover Dec 2018

The Pope And The Capital Juror, Aliza Plener Cover

Articles

In a significant change to Catholic Church doctrine, Pope Francis recently declared that capital punishment is impermissible under all circumstances. Counterintuitively, the Pope’s pronouncement might make capital punishment less popular but more prevalent in the United States. This Essay anticipates this possible dynamic and, in so doing, explores how “death qualification” of capital juries can insulate the administration of the death penalty when community morality evolves away from capital punishment.


Law Library Blog (December 2018) : Legal Beagle's Blog Archive, Roger Williams University School Of Law Dec 2018

Law Library Blog (December 2018) : Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel Dec 2018

Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel

St. Mary's Journal on Legal Malpractice & Ethics

The Supreme Court’s May 2018 decision in McCoy v. Louisiana has been hailed as a decisive statement of the priority of the value of a criminal defendant’s autonomy over the fairness and reliability interests that also inform both the Sixth Amendment and the ethical obligations of defense counsel. It also appears to be a victory for the vision of client-centered representation and the humanistic value of the inherent dignity of the accused. However, the decision is susceptible to being read too broadly in ways that harm certain categories of defendants. This paper offers a couple of cautionary notes ...