Law Commons^™

Amicus Brief: City Of Montebello V. Vasquez, Steven J. Andre

Steven J. Andre

This amicus brief proposes that the court of appeal below and the parties to this litigation have asked the wrong question regarding the governmental activity in question. While the court of appeal was quite correct in recognizing that elected officials’ actions in voting upon legislation and negotiating do not involve exercise of First Amendment rights, this recognition is short sighted. In actuality, no governmental action furthers the First Amendment rights of the government actor. Public officials engage in activity which in many ways resembles constitutionally protected speech and petitioning. They speak, vote, evaluate and otherwise involve themselves in official proceedings …

Representação Democrática Do Judiciário: Reflexões Preliminares Sobre Os Riscos E Dilemas De Uma Ideia Em Ascensão, Jane Reis Gonçalves Pereira

Jane Reis Gonçalves Pereira

O presente trabalho busca apresentar algumas reflexões sobre os riscos e dilemas da ideia de que o Poder Judiciário tem uma dimensão representativa, construindo um embasamento teórico preliminar para a compreensão crítica do tema. Confrontando concepções diversas de representação, são propostos três questionamentos: 1) o Poder Judiciário pode ser entendido como um espaço de representação do povo? 2) Quais são os riscos e implicações de reconhecer, conceitualmente, que o Judiciário tem uma face representativa? 3) Quais são os ônus e limites institucionais que o reconhecimento de tal atributo deve impor aos juízes

America's Written Constitution: Remembering The Judicial Duty To Say What The Law Is, Joshua J. Schroeder

Joshua J Schroeder

In 2013 the Supreme Court embraced a policy of feigned positivism. In general positivism says there are no future rewards and punishments and thus there is no Natural Law that holds sway over rulers whether it is established by a creator God or not. Thus adopting positivism leaves the Court with an existential problem because the Court’s equitable power flows directly from Natural Law and Nature’s God and is much older than the new country known as the United States. But even in the scope of U.S. history positivism lost significant ground in its struggle with equitable power and the …

Límites Constitucionales Al Modelo Educativo De La Escuela Privada Confesional, Daniel Soria Luján

Daniel Soria Luján

No abstract provided.

North America Time For A New Focus, Daniel Cassidy

Daniel Cassidy

The United States, Canada, and Mexico are bound by a shared geography, history, and environment. In the twenty years since the passage of the North American Free Trade Agreement, the continent’s three economies and societies have become deeply intertwined, making relations between the United States and its immediate neighbors more important than ever. In 2005, in conjunction with counterpart organizations in Canada and Mexico, the Council on Foreign Relations published Building a North American Community, which proposed the establishment of a North American economic and security community by 2010, the boundaries of which would be defined by a common external …

Dna Data Exchanges Between Eu Member States And Fundamental Rights Protection (Particularly Fundamental Rights To Data Protection), Joaquín Sarrión Esteve

Joaquín Sarrión Esteve

Program

I. Motivation.

II. Methodology.

III. DNA data legal framework

DNA data EU legal framework.

DNA data international (non EU) legal framework.

IV. Actual trends of fundamental rights protection in a multilevel system regarding DNA data (conclusions?)

Libertad De Religión En El S. Xxi, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

La libertad de religión es un Derecho Fundamental que engloba, por un lado, la ilegitimidad de los Estados que pretendan imponer creencias religiosas o una religión oficial; y, por otro, la facultad del individuo de exigir al Estado que se le garantice el ejercicio libre de las prácticas que le dicta su fe personal, siempre que éstas no comprometan el orden público.

La Rebeldía De J.Waldron: ¿Es Democrático El Control Judicial Constitucional?, Joshimar De La Cruz Aroni

Joshimar De la cruz Aroni

Constitutional Law

Inconstitucionalidad Del Cobro Del Impuesto Sobre La Renta De Jubilaciones, Pensiones Y Haberes De Retiro. ViolacióN A Derechos Humanos: El Caso Mexicano, Guillermo Castorena

Guillermo Castorena

En la primera parte del artículo se establecen los antecedentes y actos de autoridad que dieron pie a demandar el amparo. Posteriormente se entra al análisis de una serie de argumentos “que se hicieron valer en contra” de los actos de autoridad ante el Poder Judicial de la Federación. Por último se hace referencia a los Derechos Humanos que se consideraron violados, los mismos que son materia de denuncia ante la Comisión Interamericana de Derechos Humanos. The first part of the article establishes the background and acts of authority that let the victims to file the constitutional claims. Then it …

Table Annexed To Article: Surveying The 831 Unique Words In The Philadelphia Constitution, Peter Aschenbrenner

Peter J. Aschenbrenner

Of the 831 unique words in the Philadelphia Constitution, what were the most frequently used words? The least? OCL lists all unique words in rank order with and without frequencies, accounting for the word total of 4,321 words in the Philadelphia Constitution.

The Colony-Making Power Of Congress Priced In The Purchase Of Alaska, Peter Aschenbrenner

Peter J. Aschenbrenner

There is certainly no power given by the Constitution to the Federal Government to establish or maintain colonies bordering on the United States or at a distance, to be ruled and governed at its own pleasure, Our Constitutional Logic paraphrases the immediate cause of the Civil War, with citation to Dred Scott’s case at 60 U.S. 393, 446 (1857). That, however, is not the only defect in the purchase of Alaska from the Czar of the Russias. Our Constitutional Logic investigates the non-Euclidean geometry pertinent to the treaty’s boundaries such as they might appear on the sphere near you.

Madison's Redans, Ravelins And Bastions: A Short History Of The War Of 1812, Peter Aschenbrenner

Peter J. Aschenbrenner

The employment of earthworks and breastworks in defense of dense communities is considered in light of the advice of Baron Henri de Jomini which the Secretary of Defense transmitted before Madison appointed. Because the Secretary failed to follow the Baron’s advice – which the Secretary had transmitted into print culture as Hints to Young Generals – Madison sacked him after the battle of Bladensburg.

Religious Freedom & Closely Held Corporations: The Hobby Lobby Case & Its Ethical Implications, Corey A. Ciocchetti

Corey A Ciocchetti

Hobby Lobby and its quest for religious freedom captured the attention of a nation for a few moments in late June 2014. The country homed in on the Supreme Court as the justices weighed the rights of an incorporated, profit-making entity run by devout individuals that objected to particular entitlements granted to women under the Affordable Care Act. The case raised important legal issues such as whether the law allows for-profit corporations to exercise religion (yes!) and whether protection for religious freedom trumps the rights of third parties to cost free preventive care (sort of!). The Supreme Court’s decision also …

¿Es Posible Y Deseable Inaplicar La Jurisprudencia De La Corte?, Juan Luis Hernández Macías

Juan Luis Hernández Macías

No abstract provided.

"God Hates Fags" Isn't The Same As "Fuck The Draft": Introducing The Non-Sexual Obscenity Doctrine, Adam Lamparello

Adam Lamparello

No abstract provided.

The Homicide Survivors’ Fairness-For-Victims Manifesto, Lester Jackson

LESTER JACKSON

Murderer advocates place a far greater value on the lives of the most savage murderers than on the lives of their victims. Let them deny it; their words and deeds conclusively give the lie to that denial. The critical question is this: Whose concept of justice is going to prevail? The concept of a small but vocal well-financed minority with influence and power out of all proportion to its numbers, or that of the large but poorly financed and disorganized majority. In recent decades, the former have dominated. Tragically, compared to media-dominant murderer advocates, victims have been virtually voiceless. Yes, …

Hall V. Florida: The Death Of Georgia's Beyond A Reasonable Doubt Standard, Adam Lamparello

Adam Lamparello

Welcome: We’re Glad Georgia is On Your Mind.

Georgia is on many minds as Warren Hill prepares for a state court hearing to once again begin the process of trying to show that he is intellectually disabled. As Warren Hill continues to flirt with death, one must ask, is Georgia really going to execute someone that nine experts and a lower court twice found to be mentally retarded? The answer is yes, and the Georgia courts do not understand why we are scratching our heads. The answer is simple: executing an intellectually disabled man is akin to strapping a ten-year …

Exotic Dancing: Taxable Gyrations Or Exempt Art, John O. Hayward

John O. Hayward

Exotic dancers usually embroil themselves in censorship battles with local authorities. But recently they have drawn the attention of tax authorities who have tussled with the owners of so-called “gentlemen’s clubs” over whether the exotic dancing performed in their establishments are subject to taxation. This paper examines several recent cases where state authorities choose to tax exotic dancing while at the same time exempting what some jurists regard as comparable choreographic performances. In the opinion of these commentators, the tax authorities exhibited a bias against low-brow artistic expression, thus engaging in impermissible content discrimination. It advances the proposition that judges …

Ages Of The Delegates At The Federal Convention: Early Birds And Worms?, Peter Aschenbrenner

Peter J. Aschenbrenner

Of the fifty-five delegates who attended the federal convention at Philadelphia in 1787, the median in age was Oliver Ellsworth of Connecticut, thirty-two years old. The delegate with the median remaining life span was Jacob Broom of Delaware (thirty-three years). The early arrivers were neither older nor younger than the others. Nor were they marked down for a shorter or longer remaining lifespan.

Initial Federal Offices Created/Contemplated By The Philadelphia Constitution, Peter Aschenbrenner

Peter J. Aschenbrenner

Whether commands, permission, or prohibitions are trafficked, this three-way division credited to Jeremy Bentham, spatial logic dictates that for every office there must be, sooner or later, an office holder. The one hundred and seven offices created or contemplated by the Philadelphia Constitution are surveyed.

Table Annexed To Article: Unique Words In Constitutions I And Ii Surveyed, Peter Aschenbrenner

Peter J. Aschenbrenner

Constitution I and Constitution II are surveyed with all words treated as appearing only once; that is, appearing uniquely. The texture of the two constitutions is presented with comparative lists of the 775 unique words of Constitution I with the 831 unique words of Constitution II; the 406 unique words of Constitution II which appear in Constitution I are calendared.

Arizona Scr 1015, Daniel Cassidy

Daniel Cassidy

A concurrent resolution proclaiming support of the Second Amendment of the United States Constitution.

Immigrants Unshackled: The Unconstitutional Use Of Indiscriminate Restraints, Fatma E. Marouf

Fatma E Marouf

This Article challenges the constitutionality of indiscriminately restraining civil immigration detainees during removal proceedings. Not only are immigration detainees routinely placed in handcuffs, leg irons, and belly chains without any individualized determination of the need for restraints, but Immigration and Customs Enforcement (ICE), the prosecuting party, makes the decisions about the use of restraints, rather than the judge. After examining the rationale for the well-established prohibition against the indiscriminate use of restraints during criminal and civil jury trials, and discussing how some courts have extended this rationale to bench trials, this Article contends that ICE’s practice violates substantive and procedural …

Reflexiones Sobre La Sentencia C-083/1995.(Las Fuentes Del Derecho)®, Daniel Fernando Gómez Tamayo

Daniel Fernando Gómez Tamayo

Las Fuentes del Derecho: los métodos de Interpretación, los criterios auxiliares de la actividad judicial según la Sentencia C-083/1995, los tratados internacionales según el constitucionalismo moderno; los aportes de Lewis Henry Morgan, de Pitirim A Sorokin, Kyle Pruett y Marsha Kline Pruett PhD a la sana antropología familiar y nuclear. ®

The Reannexation Of Alaska, By Russia, Reconsidered, Peter Aschenbrenner

Peter J. Aschenbrenner

Each house district shall be formed of contiguous and compact territory containing as nearly as practicable a relatively integrated socio-economic area, in paraphrase, the Alaska Constitution (Article VI) enjoins. However, when the current potentate of all that is Russia considers reannexation of all that is Alaska, the results must be calendared accordingly to their respective merits.

The Status And Effect In New Zealand Law Of The Declaration On The Rights Of Indigenous Peoples, Matthew S. R. Palmer Qc

The Hon Justice Matthew Palmer

This paper outlines the ways in which the Declaration on the Rights of Indigenous Peoples is reflected in, and affects, New Zealand domestic law.

But We Were Born Free: The Racial & Sexual Quota As A Constitutiional Bill Of Attainder, David D. Butler

David D. Butler

Racial & Sexual Quota Schemes meet or equal every constitutionial forbidden practice ennumerated in the bar against government's use of bills of attainder or bills of pains and penalities.

La Defensa Jurídica Del Estado, La Cenicienta De Los Juristas, David A. Ortiz Gaspar

Prof. David Aníbal Ortiz Gaspar.

No abstract provided.

Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper

Casey J Cooper

The right to freedom of expression and free press is recognized under almost all major human rights instruments and domestic legal systems—common and civil—in the world. However, what do you do when a fundamental right conflicts with another equally fundamental right, like the right to a fair trial? In the United States, the freedom of speech, encompassing the freedom of the press, goes nearly unfettered: the case is not the same for other common law countries. In light of cultural and historic facts, institutional factors, modern realities, and case-law, this Article contends that current American jurisprudence does not take into …

Pennsylvanians' Constitutional Right To Juries Free Of Any Suspicion Of Partiality In Danger?, Thomas J. Foley Iii

Thomas J Foley III

Jury selection is the critical beginning, and all too often the untimely end, to any “fair” civil or criminal jury trial. Some Pennsylvania trial judges give short shrift to litigants’ challenges both for cause and peremptory, and improperly empanel potential jurors despite possible biases and prejudices revealed during voir dire. These trial judges jeopardize the Pennsylvania constitutional right to a fair trial before an ostensibly unbiased jury, one free of any suspicion of partiality. They not only endanger the rights of the litigants themselves, but threaten continued acceptance of the laws by litigants and by the public at large. Three …