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Articles 1 - 7 of 7
Full-Text Articles in Law
Preemptive Dicta: The Problem Created By Judicial Efficiency, Judith M. Stinson
Preemptive Dicta: The Problem Created By Judicial Efficiency, Judith M. Stinson
Loyola of Los Angeles Law Review
Judges regularly espouse dicta. Traditional obiter dicta, remarks that are clearly asides and not about issues considered in the case, can be easily ignored by subsequent courts. But one particular form of dicta is especially problematic because it is more difficult to ignore. Judicial efficiency dicta are statements in judicial opinions about issues involved in the case and likely to present themselves again, but not necessary for the outcome of the case. While those statements are often about issues actually considered and may contribute to judicial efficiency by saving courts time when reconsidering issues already litigated, just like obiter dicta, …
The Need For A Historical Exception To Grand Jury Secrecy In The Federal Rules Of Criminal Procedure, Daniel Aronsohn
The Need For A Historical Exception To Grand Jury Secrecy In The Federal Rules Of Criminal Procedure, Daniel Aronsohn
Loyola of Los Angeles Law Review
No abstract provided.
Making Constitutional Sense: A Modal Approach To California's Proposition 66, Alan Romero
Making Constitutional Sense: A Modal Approach To California's Proposition 66, Alan Romero
Loyola of Los Angeles Law Review
For years, the California Supreme Court has adopted a deferential posture when reviewing state constitutional challenges to a ballot initiative. The decision in Briggs v. Brown underscored the degree to which courts are willing to avoid striking down ballot initiatives on constitutional grounds, such as by broadly construing the initiative’s language to avoid constitutional problems. In construing the language of Proposition 66 to avoid separation of powers problems, however, Briggs effectively re-interpreted central pillars of Proposition 66 in ways rendering it unrecognizable to Californians who cast votes for and against the initiative. Such recasting of ballot initiatives raises fundamental jurisprudential …
Legislating Morality: Moral Theory And Turpitudinous Crimes In Immigration Jurisprudence, Abel Rodríguez, Jennifer A. Bulcock
Legislating Morality: Moral Theory And Turpitudinous Crimes In Immigration Jurisprudence, Abel Rodríguez, Jennifer A. Bulcock
Loyola of Los Angeles Law Review
Congress could have framed the country’s immigration policies in any number of ways. In significant part, it opted to frame them in moral terms. The crime involving moral turpitude is among the most pervasive and pernicious classifications in immigration law. In the Immigration and Nationality Act, it is virtually ubiquitous, appearing everywhere from the deportability and mandatory detention grounds to the inadmissibility and naturalization grounds. In effect, it acts as a gatekeeper for those who wish to enter and remain in the country, obtain lawful permanent residence, travel abroad after admission, or become United States citizens. With limited exceptions, noncitizens …
Obscured Boundaries: Dimaya's Expansion Of The Void-For-Vagueness Doctrine, Katherine Brosamle
Obscured Boundaries: Dimaya's Expansion Of The Void-For-Vagueness Doctrine, Katherine Brosamle
Loyola of Los Angeles Law Review
No abstract provided.
Murphy V. Ncaa: The Supreme Court's Latest Advance In Chemerinsky's "Federalism Revolution", Jonathan O. Ballard Jr.
Murphy V. Ncaa: The Supreme Court's Latest Advance In Chemerinsky's "Federalism Revolution", Jonathan O. Ballard Jr.
Loyola of Los Angeles Law Review
No abstract provided.
Foreword: Criminal Procedure In Winter, Daniel Epps
Foreword: Criminal Procedure In Winter, Daniel Epps
Loyola of Los Angeles Law Review
No abstract provided.