Law Commons^™

Invisibly Radiated: Federalism Principles And The Proposed Hague Convention On Jurisdiction And Foreign Judgments, Khoi D. Nguyen

UC Law Constitutional Quarterly

The proposed Hague Convention provides the United States with a guarantee that U.S. judgments in commercial and civil matters involving at least one foreign party will be recognized and enforced among the signatory countries. It requires the courts that render the judgments to have proper jurisdiction over the parties and the controversies based on a list of accepted and prohibited grounds for the exercise of jurisdiction. Among the prohibited grounds are transient and "doing business" general jurisdiction. Pursuant to the Hague convention, Congress would have to pass implementing legislation proscribing these prohibited bases of jurisdiction in both federal and state …

Constitutionality Of State And Local Selective Purchasing Legislation: A 9-0 Supreme Court Decision In Favor Of And In Defeat Of Plaintiff, Rebecca S. Hartley

UC Law Constitutional Quarterly

In a 9-0 decision handed down in 2000, the Supreme Court struck down a Massachusetts selective purchasing law that restricted state agencies from trading with companies doing business in Burma. The Court based its decision on the narrow grounds that the law violated the Supremacy Clause of the U.S. Constitution. In the wake of so limited a decision, a number of constitutional questions remain unanswered regarding the rights of states to enact laws intruding upon federal foreign affairs.

This article examines three of the main areas of constitutional challenges to state actions in the foreign affairs arena from current orthodox …

Supreme Court Voting Behavior: 1998 Term, Richard G. Wilkins, Scott Worthington, R. Chad Hales, Rachelle Fleming

UC Law Constitutional Quarterly

This Article, the fourteenth in a series, tabulates and analyzes the voting behavior of the United States Supreme Court. This particular study examines the Court's voting behavior during the 1998 Term. The Article attempts to determine whether individual Justices and the Court as a whole are voting more "conservatively," more "liberally," or about the same as compared with past terms.

Whether a vote is considered "conservative" or "liberal" depends upon the issues being decided. Generally, votes favoring the assertion of governmental power are "conservative," while those favoring claims of individual liberty are considered "liberal." The issues are categorized into ten …

Toward The Restorative Constitution: A Restorative Justice Critique Of Anti-Gang Public Nuisance Injunctions, Joan W. Howarth

UC Law Constitutional Quarterly

The use of public nuisance injunctions against gangs and suspected gang members is an aggressive prosecutorial strategy upheld and even endorsed by a majority of the California Supreme Court in 1997 in People ex rel. Gallo v. Acuna. This Article critiques these injunctions through the lens of restorative justice principles. Restorative justice rests on the tenet that any crime is injurious, and that the best response is one that heals injuries caused to the victim, the community, and the offender. The Article argues that although anti-gang public nuisance injunctions share significant similarities with some restorative justice programs, the injunctions undermine …

Bad Girls And Good Sports: Some Reflections On Violent Female Juvenile Delinquents, Title Ix &(And) The Promise Of Girl Power, Cheryl Hanna

UC Law Constitutional Quarterly

In recent years, the number of female juvenile offenders has been increasing at a faster pace than that of their male counterparts. This Article explores the link between criminality and competition among women. Specifically, it examines the role that involvement in organized sports, or conversely, lack of competition, plays in the development of criminal behavior. Part I addresses the theme of female competition, violence, and sports, and draws conclusions from secondary interdisciplinary research and conversations with incarcerated juvenile females. Part II focuses upon Title IX of the Education Amendments of 1972 and suggests that the rationale behind gender equity in …

Criminal Aliens Get Pinched: Sandoval V. Reno, Aedpa's And Iirira's Effect On Habeas Corpus Jurisdiction, Matthew J. Droskoski

Villanova Law Review

No abstract provided.

The Pain Relief Promotion Act: Will It Spell Death To "Death With Dignity" Or Is It Unconstitutional?, Joy Fallek

Fordham Urban Law Journal

This Note explores Congress' attempts to restrict Oregon's Death with Dignity Act by enacting two the Lethal Drug Abuse and Prevention Act of 1998 ("LDAP Act") and the Pain Relief Promotion Act of 1999 ("PRPA"). It explores constitutional decisions concerning physician-assisted suicide and those which tend to show that the Supreme Court demonstrated federalist leanings during this time. The Note concludes that this Congressional legislation is a premature attempt to restrict experimentation concerning physician-assisted suicide and that the Supreme Court should strive to thwart attempts to cut off such experimentation.

Stopping Hate Without Stifling Speech: Re-Examining The Merits Of Hate Speech Codes On University Campuses, Catherine B. Johnson

Fordham Urban Law Journal

This Note explores legislative attempts to help reduce incidents of hate speech on university campuses. It begins by analyzing the rise in hate speech codes at public universities and examining two U.S. Supreme Court decisions in R.A.V. v. City of St. Paul and Wisconsin v. Mitchell. The author argues that a hate speech code that implements forward-looking, long-term education objective would work towards stopping hate on campus without violating students' First Amendment rights. This Note reaches the conclusion that a narrowly drawn hate speech code based on recognized First Amendment exceptions, implemented along with with education initiatives, could facilitate the …

Child Access Prevention Laws: Keeping Guns Out Of Our Children's Hands, Rachel Shaffer

Fordham Urban Law Journal

This Note explores the Child Access Prevention ("CAP") law and laws which are generally intended to limit children's access to guns at home. The author proposes a model CAP law that should be enacted in the United States. This Note discusses the evolution of CAP laws and presents for arguments for and against such laws. It delves into the National Rifle Association's ("NRA") powerful influence that improperly prevents CAP laws from being enacted by the federal government. Additionally, it is argued that unless the federal government enacts a CAP law, innocent children will continue to be injure and lose their …

Life On Campus Really Ain't So Bad, Avern Cohn

Michigan Law Review

The Shadow University is a highly tendentious account of Alan Charles Kors and Harvey A. Silverglate's view of academic and student life in America's colleges and universities over the last twenty years. Kors and Silverglate see these colleges and universities turning from promoting personal and academic freedom to suppressing open expression and denying basic liberties to students and faculty alike. To make their point, they have scoured college and university campuses from coast to coast to find incidents involving student speech code violations, as well as student and faculty discipline and misbehavior proceedings. They also examine multicultural and diversity programs …

Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz

Touro Law Review

No abstract provided.

Confrontation Clause, Doris Waldman

Touro Law Review

No abstract provided.

Local Elections, Roger Moran

Touro Law Review

No abstract provided.

Preemption, Roger Moran

Touro Law Review

No abstract provided.

Due Process, Kathleen Byrne

Touro Law Review

No abstract provided.

Due Process, Kimberly Lumpee

Touro Law Review

No abstract provided.

Resolving The Dissonant Constitutional Chords Inherent In The Federal Anti-Bootlegging Statute In United States V. Moghadam, Keith V. Lee

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets

Seattle University Law Review

This Article will first discuss the legal importance of challenging sodomy laws, even though those laws are rarely enforced. It will then discuss the importance of incorporating international and comparative law in formulating these challenges. In Section II, Professor Charlene Smith will discuss past and future strategies, focusing on the topics of equal protection, morality, and the difference (or lack thereof) between acts and status. In Section III, Professor Jim Wilets will explore incorporating international and comparative law into domestic challenges to U.S. sodomy laws. This Article will demonstrate that there is binding Supreme Court authority requiring all U.S. courts …

Double Jeopardy And Punishment: Why An As Applied Approach, As Applied To Separation Of Powers Doctrines, Is Unconstitutional, Todd W. Wyatt

Seattle University Law Review

This Comment will argue that an as applied approach allows the executive branch, whether at the state or federal level, to encroach into the legislative realm by rendering a statute unconstitutional as a result of the way the statute is administered. Section II of this Comment will begin by examining the history of the as applied and on its face double jeopardy approaches during the last 20 years. After a close examination of the decisions in Halper and Hudson in sections II.B and II.C, this Comment will explain why the holding of Hudson, though correct in its result, was …

Houlton Citizens' Coalition V. Town Of Houlton: Is An Open And Competitive Bidding Process Really The Solution To National Waste Disposal Problems, Jason Barocas

Villanova Environmental Law Journal

No abstract provided.

Federalism's Old Deal: What's Right And Wrong With Conservative Judicial Activism, Peter M. Shane

Villanova Law Review

No abstract provided.

Can Public Schools Really Permit Religious Speech Without Promoting Religion - The Struggle To Accommodate But Not Establish Religion In Chandler V. James, Lynne A. Rafalowski

Villanova Law Review

No abstract provided.

Pennsylvania's Reasonable Expectations Doctrine: The Third Circuit's Perspective, Thomas J. Rueter, Joshua H. Roberts

Villanova Law Review

No abstract provided.

Dissent, Free Speech, And The Continuing Search For The "Central Meaning" Of The First Amendment, Ronald J. Krotoszynski Jr.

Michigan Law Review

Since the Warren Court's expansive construction of the Free Speech Clause of the First Amendment, there has been no shortage of legal scholarship aimed at justifying the remarkably broad protections afforded the freedom of speech under landmark cases such as Brandenburg v. Ohio, New York Times Co. v. Sullivan, and Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. At the same time, in recent years, a growing chorus of free speech skeptics have made their voices heard.5 These legal scholars have questioned why a commitment to freedom of expression should displace other (constitutional) values such as equality, …

The Importance Of Being Biased, Anthony M. Dillof

Michigan Law Review

The war against bias crimes is far from finished. In contrast, the battle over bias-crime laws is largely over. Bias-crime laws, as commonly formulated, increase the penalties for crimes motivated by bias. The Supreme Court has held that such laws do not violate the First Amendment. Virtually every state has enacted some sort of biascrime law. Even the federal government, which may consider itself without power to enact a general bias-crime law, has made bias a sentence-aggravating factor for the range of federal criminal offenses. Bias-crime laws thus are an established feature of the legal landscape. Against this background, Frederick …

The Path Of American Religious Liberty: From The Original Theology To Formal Neutrality And An Uncertain Future, Daniel O. Conkle

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.

Tort Liability, Religious Entities, And The Decline Of Constitutional Protection, Scott C. Idleman

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.