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Full-Text Articles in Law
Romer V. Evans And The Permissibility Of Morality Legislation, S. I. Strong
Romer V. Evans And The Permissibility Of Morality Legislation, S. I. Strong
Faculty Publications
In the late 1950s and early 1960s, two of England's most respected jurists engaged in an on-going debate that would take the legal world by storm. The debate concerned whether and to what extent morality should be reflected in the law and was instigated by the publication of the Wolfenden Report, a study presented to Parliament as it considered whether to repeal certain antisodomy laws in Great Britain. On the one hand was Lord Patrick Devlin, a Lord of Appeal in Ordinary later elevated to the House of Lords, Britain's highest court. Devlin opposed the conclusions contained in the Wolfenden …
Justice Scalia As A Modern Lord Devlin: Animus And Civil Burdens In Romer V. Evans, S. I. Strong
Justice Scalia As A Modern Lord Devlin: Animus And Civil Burdens In Romer V. Evans, S. I. Strong
Faculty Publications
In the late 1950s and early 1960s, the legal world was captivated by an ongoing debate between two of England's most respected jurists regarding whether and to what extent morality should be reflected in the law. The debate was instigated by the publication of the Wolfenden Report, a study presented to Parliament as it considered whether to repeal certain antisodomy laws in Great Britain. Lord Patrick Devlin, then a Lord of Appeal in Ordinary and later elevated to the House of Lords, Britain's highest court, opposed the conclusions contained in the Wolfenden Report and supported the continuation of the antisodomy …
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Scholarly Works
The opportunity to create an international court that provides fair, equitable, and efficient justice is rare and important. It requires expertise in comparative and international law. Problems are serious, however. Failure to address the formidable problems could cause the Court to run a risk of failure that could be disastrous for international law, for the victims of the horrors that have occurred and that will occur, and for the world. Failure could come in at least two forms: (1) the Court could merely be a conduit for retribution after a pro-forma kangaroo court or (2) it will not have sufficient …
Who Executes The Executioner? Impeachment, Indictment And Other Alternatives To Assassination, Jay S. Bybee
Who Executes The Executioner? Impeachment, Indictment And Other Alternatives To Assassination, Jay S. Bybee
Scholarly Works
This article addresses whether the Constitution protects a sitting President from indictment. The text of the Constitution is not clear on this question as it might be, but it is clear enough. No court has ever addressed the question of the President’s amenability to criminal charges, although the courts have considered the related question of whether federal judges can be subjected to criminal charges. Those courts have answered that judges and other officials are subject to criminal prosecution while in office. Congress has implicitly approved this conclusion in its passage of the Ethics in Government Act with its provision for …