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Out Of Reach: The Mdlea’S Impermissible Extraterritorial Reach On Maritime Drug–Traffickers, Andres Chinchilla

University of Miami Inter-American Law Review

46 U.S.C. § 70503, known as the Maritime Drug Law Enforcement Act (MDLEA), prohibits individuals on board covered vessels from manufacturing, distributing, or possessing with an intent to distribute or manufacture, a controlled substance. The statute, as enacted, permits the prosecution of individuals arrested beyond U.S. jurisdiction and even within the territorial seas of other States. This provision is argued to be an impermissible extraterritorial reach absent a nexus requirement—showing a connection between the drug smuggling activity and the U.S. Recently, the Eleventh Circuit Court of Appeals held the statute’s extraterritorial reach and lack of nexus requirement as unconstitutional under …

Perlindungan Terhadap Pihak Ketiga Yang Beritikad Baik Dalam Proses Jual Beli Tanah (Ditinjau Dari Putusan Pengadilan Negeri Denpasar Nomor 800/Pdt.G/2013/Pn.Dps Dan Putusan Pengadilan Negeri Palembang Nomor 3/Pid.Sus-Tpk/2014/Pn.Plg), Daniel Alexander Siregar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Of the many cases of land emerging in Indonesia often collide with many aspects of application, namely the clash between national law/positive law and the original law/customary law on the local community, or clash with multiple ownership of a land object. To examine this issue, it is of course worth a further review of why this can happen, and need to reflect on whether what makes this phenomenon appear to be so difficult to find a definite solution. Then it can not be denied again the rise of land brokering practices that make Indonesia increasingly becoming a very difficult country …

Winston Churchill On The American Constitution, Gerard N. Magliocca

St. John's Law Review

(Excerpt)

Though best known for leading Britain during World War II, Winston Churchill was a keen observer of constitutional law. Most of his insights concerned the unwritten conventions of the British Constitution, but Churchill also commented extensively on the American Constitution. Intellectual curiosity and a desire to forge a closer alliance between Great Britain and the United States were at the root of Churchill’s interest in the institutions of what he called “The Great Republic.” As with all things Churchill, his observations on our Constitution were sometimes inspiring, sometimes illuminating, and sometimes noxious.

This Article provides the first comprehensive analysis …

Absolute Publishing Power And Bulletproof Immunity: How Section 230 Shields Internet Service Providers From Liability And Makes It Impossible To Protect Your Reputation Online, Victoria Anderson

Seattle University Law Review Online

No abstract provided.

The Place Of The Presidency In Historical Time, Robert L. Tsai

Faculty Scholarship

This Essay arises from a symposium based on Jack Balkin’s book, The Cycles of Constitutional Time, which argues that America’s constitutional development is marked by patterns of decline and renewal. I contend that the presidency today has become endowed with outsized expectations borne of popular frustrations with a centuries-old document that is desperately in need of updating. As a result, Presidents enjoy imbalanced and dangerous power to initiate legal reform or stymie it. Going forward, three dynamics are worth watching. First, noisy signals coming from performative transformation can obscure the true source and scope of legal changes initiated by a …

The Religion Of Race: The Supreme Court As Priests Of Racial Politics, Audra Savage

Utah Law Review

The tumultuous summer of 2020 opened the eyes of many Americans, leading to a general consensus on one issue—racism still exists. This Article offers a new descriptive account of America’s history that can contextualize the zeitgeist of racial politics. It argues that the Founding Fathers created a national civil religion based on racism when they compromised on the issue of slavery in the creation of the Constitution. This religion, called the Religion of Race, is built on a belief system where whiteness is sacred and Blackness is profane. The sacred text is the Constitution, and it is interpreted by the …

The Meaning, History, And Importance Of The Elections Clause, Eliza Sweren-Becker, Michael Waldman

Washington Law Review

Historically, the Supreme Court has offered scant attention to or analysis of the Elections Clause, resulting in similarly limited scholarship on the Clause’s original meaning and public understanding over time. The Clause directs states to make regulations for the time, place, and manner of congressional elections, and grants Congress superseding authority to make or alter those rules.

But the 2020 elections forced the Elections Clause into the spotlight, with Republican litigants relying on the Clause to ask the Supreme Court to limit which state actors can regulate federal elections. This new focus comes on the heels of the Clause serving …

Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow

Washington Law Review

Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond a reasonable doubt, …

Health And Safety Receivership: California's Cure For Zombie Foreclosures, Vacant, And Other Nuisance Properties, Ryan Griffith Esq.

Lincoln Memorial University Law Review Archive

Almost every city or county has abandoned, fire damaged, vacant or other nuisance properties. The majority these properties sit abandoned and blight communities for years with no solution in sight. However, California has solution for these longstanding nuisance properties known as Health and Safety “H & S” receiverships. The statutory authority for H &S receiverships is found at California Health and Safety Code (“HSC”) §§ 17980.6 and 17980.7. Abandoned, vacant and other nuisance properties surface in a variety of ways. However, a few of the most common occurrences are:Deceased property owners without heirs; Zombie foreclosures; Hoarders and other mental health …

The Return Of A Judicial Artifact? How The Supreme Court Could Examine The Question Of The Nondelegation Doctrine’S Place In Future Cases, Dalton Davis

Helms School of Government Undergraduate Law Review

No abstract provided.

Measurement Of Geometric Fractals On The Basis Of Hausdorf-Bezikovich And Minkovsky-Buligan Measurements, Anorova Amanbaevna Shaxzoda, Jabborov Sindorovich Jamoliddin, Meliyev Fattoevich Farxod

Scientific Bulletin. Physical and Mathematical Research

This article is devoted to the study of the future position of fractal measurements. Different methods of computer modeling of a wide range of classes of fractal geometric objects are described in detail, as well as the main methods of mathematical analysis of fractal size of virtual and real fractals are described. The article explains the differences between the concept of fractals, their properties, B. Mandelbrot's tariff, Hausdorf-Bezikovich scale, Minkowski-Buligan scale, topological measurement, the concept of fractal measurement and measurement in Euclidean geometry. This article provides basic information about fractals. A detailed description of the various methods of computer modeling …

The Anti-Secular Regulation Of Religious Difference In Egypt, Meriam Wagdy Azmi

Theses and Dissertations

Egyptian religious freedom activists and researchers have for decades called for more secularism to remedy the violations facing religious minorities. Those religious minorities have been subject to attacks for practicing religious rituals and suffered from lack of recognition by the government. As those activists advocated secularism, some academics critiqued it and deemed it the instigator of the very problems it claims to uproot. Saba Mahmood famously argued that secularism is a primary producer of religious tension in Egypt. In this thesis, I argue that it is not the mere regulation of religious difference as a feature of secularism that is …

The Federalist Society And Constitutional Interpretation: Who Gets To Say What The Constitution Says, Deborah L. Toscano

University of New Orleans Theses and Dissertations

The Federalist Society was organized in 1982 by conservative law students to counteract what they perceived to be a liberal bias in law schools, the courts, and government administration. Forty years later there is an acknowledgement of a rightward turn in the Supreme Court which scholars have attributed in part to the efforts of the Federalist Society. However, there is still little understanding of just how that change came about. This dissertation takes a step toward understanding that question. Viewing the Federalist Society as the center of a network of lawyers, think tanks, and legal institutions, I examine the influence …

The Bible And The Constitution: Reading Methods, Relevance, And Authority, Gaylen P. Leverett

Helm's School of Government Conference - American Revival: Citizenship & Virtue

Politics and religion have united and/or divided people groups for as long as records have been kept. Currently most of the divisiveness tormenting America’s potential for harmony is in these two fields. The debates have many fronts and factions. This paper is an attempt to bring some clarity to the debate between religious conservatives and progressives over how the Constitution should be read. Conservatives are so named because they wish to preserve older interpretations which they believe best represent the original decisions – decisions conservatives for the most part still endorse. Progressives, on the other hand, argue that our new …

Was Trump’S Deployment Of Federal Officers To Portland, Oregon And Other Cities During The Summer Of 2020 Legal And Constitutional?, Celina Tebor

Undergraduate Honors Theses

Cities across the United States erupted in protest during the summer of 2020 after the death of George Floyd at the hands of Minneapolis police. In response to these protests, President Donald Trump deployed federal troops to multiple cities, including Portland, Oregon. The legal basis for sending the troops was to protect federal property, and relied upon the powers of the Department of Homeland Security and an executive order from the summer. However, President Trump’s rhetoric suggests that the purpose of sending the troops was to quell the protests. Politicians, protestors, and lawsuits have alleged that Trump’s actions are unconstitutional, …

Jus Ad Bellum, Natural Law And The 2003 Invasion Of Iraq, Johnny Davis

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The legality of the invasion of Iraq is a vital question that goes to the heart of international law. The proper legal authority for military force and the overthrow of a sovereign government is the single most important area of international law.[1] This paper will consider whether the invasion of Iraq complied with the original intent of the Founding Fathers for the Constitutional authority to wage war and satisfied the requirements for a Just War under natural law.

Recipients Of Major Scientific Awards A Descriptive And Predictive Analysis, Andrew Barbee

Helm's School of Government Conference - American Revival: Citizenship & Virtue

As a society, we desire, defend, and argue for equity in any and all areas. Sometimes the law attempts to mandate equity and provide some boundaries. Yet how does the law govern the thoughts, intentions, and actions of the heart? Thus, we need to broaden our understanding of equity. Equity is not an educational issue, nor is it a physiological issue; rather equity is a spiritual issue.

Adat Institutions In Aceh Government: A Constitutional Perspective, Yunani Abiyoso, Ali Abdillah, Ryan Muthiara Wasti, Ghurnarsa Sujatnika, Mustafa Fakhri

Journal of Islamic Law Studies

The existence of adat (customary law) in Indonesia becomes a source of value for the survival of the nation. Each region in Indonesia has different adat that can be used as a reference for the form of governmental system in Indonesia. The 1945 Constitution has recognized the existence of adat government that consisting of various forms of adat that have been adopted long before the 1945 Constitution existed. The existence of adat cannot be separated from national and Islamic values. This research was conducted to find out form of adat institution in Aceh and how the integration of such adat …

We Are Watching Racism's Tug-Of-War With Democracy, Preston Love Jr.

Black Studies Faculty Publications

No abstract provided.

First Amendment Knowledge And Competence In United States Residents, Cynthia J. Najdowski, Kimberly M. Bernstein

Psychology Faculty Scholarship

Lacking adequate knowledge about one's rights could inhibit the likelihood of exercising one's rights or lead one to unwittingly violate laws that place legitimate limits on these rights. Thus, the present research examines First Amendment knowledge as well as competence to apply this knowledge in relevant circumstances. Results revealed that one-quarter of participants failed a test of objective knowledge on First Amendment rights. Furthermore, participants' belief in their ability varied depending on their level of knowledge, in line with the Dunning–Kruger effect. Participants also failed to transfer their limited objective knowledge to “real-world” situations, exhibiting impaired First Amendment competence. These …

Va Accountability And Whistleblower Protection Act Of 2017, Abigail W. Scott

Pepperdine Policy Review

The purpose of this article is to provide an overview of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 (S.1094). Specifically, this paper explores the law’s journey throughout the American governance system, including the legislative, judicial, and executive branches. This is supplemented by an examination of the core political theories on the bureaucratic institutions that define the policymaking process. The paper analyzes the most complex aspects of the lawmaking process in the context of S. 1094, including the barriers to implementation and claims to its constitutional basis. The objective of this article is to examine the …

Suspect Spheres, Not Enumerated Powers: A Guide For Leaving The Lamppost, Richard Primus, Roderick M. Hills Jr.

Michigan Law Review

Despite longstanding orthodoxy, the Constitution’s enumeration of congressional powers does virtually nothing to limit federal lawmaking. That’s not because of some bizarrely persistent judicial failure to read the Constitution correctly. It’s because the enumeration of congressional powers is not a well-designed technology for limiting federal legislation. Rather than trying to make the enumeration do work that it will not do, decisionmakers should find better ways of thinking about what lawmaking should be done locally rather than nationally. This Article suggests such a rubric, one that asks not whether Congress has permission to do a certain thing but whether a certain …

Texas: A Weak Governor State, Or Is It?, Ron Beal

St. Mary's Law Journal

The current Texas Constitution was adopted in 1876 and was written after the Civil War and the Reconstruction Period when Federal troops occupied the State. The general perception is that the Federal troops used the Governor, in essence, to impose a form of dictatorship over the people. It was clearly the intent of the new constitution’s framers to create a very weak governor form of government in order to spread its powers to many independently elected officials. It provided that the state officers who were appointed by the Governor and approved by the Senate were semi-independent from the Governor by …

New England State Senates: Case Studies For Revisiting The Indirect Election Of Legislators, Tyler Quinn Yeargain

The University of New Hampshire Law Review

No abstract provided.

Let’S Go To The Beach: Gender Segregation As A Tool To Accommodate Religious Minorities, Sarah Gibbons

Chicago-Kent Law Review

No abstract provided.

El Legado De Una Dictadura: Las Protesta Del Pueblo Mapuche Desde Pinochet Hastsa Nuestros Dias, Elliot Patrick Edeburn

Celebrating Scholarship and Creativity Day (2018-)

No abstract provided.

The Electoral College: A Bright Future In A Dynamic Political Landscape, Paul Leoni, Douglas Pierce

Idaho Law Review

No abstract provided.

Electoral Structure Matters: Fixing The Creaks And Cracks In The Constitution By Its Quarter Millennium, Rick Larue

Idaho Law Review

Our nation’s constitutionally prescribed governing structure has original problems (the Electoral College) and those that have developed over time (excessively long congressional tenures and, for the presidency, biased reelection timing and unequally productive terms that are equal in length). Repairing the erosion in any one or all three of these components by the Constitution’s 250th anniversary in 2037 constitutes a workable civic engineering timeframe. This article reviews the context for constitutional change; presents the Electoral College’s primary failings; identifies three objectives for its replacement (delivering majority outcomes, providing meaningful roles to states, and broadening the structural focus for such change); …

Out Of Mind, Out Of Sight: Voting Restrictions Based On Mental Competency, Naomi Doraisamy

Idaho Law Review

A vast majority of states allow for the right to vote to be stripped based on an individual’s mental status. However, the United States Constitution largely leaves voting qualifications to the states, so in practical effect the right to vote is largely determined by mental competency standards that vary between states. In this essay, I explore why mental competency voting restrictions persist, given the historical trend toward expanding the vote to vulnerable populations. Further, I question the “fraud prevention” justification for disenfranchisement based on mental status, given mixed reports on the actual prevalence of voter fraud. I conclude that the …

Constitutional Amendment In The United Arab Emirates

UAEU Law Journal

The constitution of the United Arab Emirates of 1971 created a federal system composed of seven emirates.

Federal constitutions distribute legislative power bet ween the two layers of government. The distribution of legislative power in the federal systems is an important aspect of these constitutions.

The existence of the distribution of legislative power in the federal constitutions and the fact that these constitutions preserve the existence and powers of the two layers of government make it inappropriate and unacceptable to entrust one layer of government with the power to amend the federal constitution.

There is a need i n each …