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Full-Text Articles in Law
Commonwealth And Constitution, Robert S. Claiborne Jr.
Commonwealth And Constitution, Robert S. Claiborne Jr.
University of Richmond Law Review
No abstract provided.
Bargaining With Bite: Missouri High Court's Constitutional Holdings Alter Public Sector Labor Law, Peter W. Bay
Bargaining With Bite: Missouri High Court's Constitutional Holdings Alter Public Sector Labor Law, Peter W. Bay
Missouri Law Review
Collective bargaining – negotiations over working conditions between an employer and representatives of their employees – appeared as early as 1891 as labor unions arose in response to the Industrial Revolution. Collective bargaining in private industry was recognized in 1935 by the National Labor Relations Act but was considered prohibited in the public sector. In 1945, the state of Missouri ratified its constitution, which included article 1, section 29, a provision protecting employee collective bargaining rights. That provision, however, was quickly interpreted by courts as applying only to private employees, and thus, public employees had little power to negotiate employment …
Miller V. Alabama: What It Is, What It May Be, And What It Is Not, Nancy Gertner
Miller V. Alabama: What It Is, What It May Be, And What It Is Not, Nancy Gertner
Missouri Law Review
In Miller v. Alabama, the Supreme Court of the United States, in a five to four opinion written by Justice Elena Kagan, held that mandatory life imprisonment without parole for defendants convicted of murder who were under age eighteen at the time of their crimes violated the Eighth Amendment to the United States Constitution. The decision raises a host of important questions that the University of Missouri School of Law’s recent symposium ably addressed. Is Miller a watershed opinion, prefiguring a new era of substantive Eighth Amendment jurisprudence that would apply to other imprisonment sentences across offender and offense categories? …
Eighth Amendment Differentness, William W. Berry Iii
Eighth Amendment Differentness, William W. Berry Iii
Missouri Law Review
Part II of the Article provides the context for the Miller case, outlining the theoretical underpinnings of the Court’s Eighth Amendment jurisprudence. Part III describes the Court’s “different” jurisprudence, linking the concept of “juveniles are different” to the Court’s longstanding view that “death is different.” In Part IV, the Article demonstrates how the two possible interpretations of the Court’s statement in Miller that “juveniles are different” – as a character-based form of differentness and, in the case of juvenile LWOP, as a punishment-based form of differentness – create distinct theoretical bases for broadening the scope of the Eighth Amendment. Finally, …
Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston
Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston
Touro Law Review
No abstract provided.
Navigating The Space Between Dueling Sovereigns, Miriam Galston
Navigating The Space Between Dueling Sovereigns, Miriam Galston
Touro Law Review
No abstract provided.
Divided Loyalties: The Problem Of “Dual Sovereignty” And Constitutional Faith, Sanford Levinson
Divided Loyalties: The Problem Of “Dual Sovereignty” And Constitutional Faith, Sanford Levinson
Touro Law Review
Sanford Levinson provides the inaugural lecture of the new Jewish Law Institute at Touro Law School. He focuses on some of the ways that he finds himself constantly thinking of what might be termed "meta-issues" that arise in his joint study of, and intellectual confrontation with, Jewish law and American constitutional law.
The Constitutionality Of California's Cap-And-Trade Program And Recommendations For Design Of Future State Programs, Thomas Alcorn
The Constitutionality Of California's Cap-And-Trade Program And Recommendations For Design Of Future State Programs, Thomas Alcorn
Michigan Journal of Environmental & Administrative Law
Global climate change has emerged as one of the greatest challenges of our time. While action has stalled on the national stage, states have started to take action to reduce their greenhouse gas emissions. Confronted with the risk of severe impacts that could cost it tens of billions of dollars annually by the end of the century, California has taken the lead and developed the first comprehensive cap-and-trade program in the nation and seeks to achieve significant reductions in the greenhouse gas emissions associated with its economy. The success of California’s program will determine whether other states and the federal …
Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman
Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman
Nevada Law Journal
No abstract provided.
The Dormant Commerce Clause And California's Low Carbon Fuel Standard, Kathryn Abbott
The Dormant Commerce Clause And California's Low Carbon Fuel Standard, Kathryn Abbott
Michigan Journal of Environmental & Administrative Law
California’s Low Carbon Fuel Standard (LCFS), enacted as part of the State’s pioneering Global Warming Solutions Act (AB 32), purports to regulate the amount of carbon emissions associated with fuels consumed in the state. Part of this scheme involves assigning numeric scores to vehicle fuels reflecting the amount of carbon emissions associated with their production, transportation, and use. The scores are part of a “cap-and-trade” scheme to lower the state’s total amount of carbon emissions associated with fuel use. Out-of-state industry groups brought a challenge in the United States District Court for the Eastern District of California, alleging that the …
Why Federal Rule Of Evidence 403 Is Unconstitutional, And Why That Matters, Kenneth S. Klein
Why Federal Rule Of Evidence 403 Is Unconstitutional, And Why That Matters, Kenneth S. Klein
University of Richmond Law Review
No abstract provided.
Anonymity In Cyberspace: Judicial And Legislative Regulations, Sophia Qasir
Anonymity In Cyberspace: Judicial And Legislative Regulations, Sophia Qasir
Fordham Law Review
Historically, the scope of constitutional protections for fundamental rights has evolved to keep pace with new social norms and new technology. Internet speech is on the rise. The First Amendment protects an individual’s right to speak anonymously, but to what extent does it protect a right to anonymous online speech? This question is difficult because the government must balance the fundamental nature of speech rights with the potential dangers associated with anonymous online speech, including defamation, invasion of privacy, and intentional infliction of emotional distress. While lower courts have held that there is a right to anonymous online speech, they …
Constitution And Bylaws Of The National Association Of Administrative Law Judges, David J. Agatstein
Constitution And Bylaws Of The National Association Of Administrative Law Judges, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Seen But Not Heard: Advocating For Children In New York State, Sarah L. Marx
Seen But Not Heard: Advocating For Children In New York State, Sarah L. Marx
Touro Law Review
On November 1, 2008, the New York State Bar Association House of Delegates approved a resolution affirming their commitment towards establishing a civil right to counsel in New York State. One of the issues identified is a child's right to representation not only in criminal, but also civil proceedings. Unlike other litigant groups, children have a statutorily established right to council in civil proceedings. However, as the white paper, adopted by the New State Bar Association, details, there are gaps in children 's advocacy throughout New York State. While significant steps towards improvement have recently taken place, there is still …
The Tipping Point On The Scales Of Civil Justice, Dennis A. Kaufman
The Tipping Point On The Scales Of Civil Justice, Dennis A. Kaufman
Touro Law Review
The right to counsel in civil cases-metaphorically known as Civil Gideon-has gained traction in segments of the legal community, but advances have thus far been legislative, and while significant, adoption has been slow, less than cohesive or thematic and inconsistent across the country. Patchwork recognition and implementation by legislatures forms a fragile and uneven safety net. The availability of counsel is far from comprehensive. The preferred path to a comprehensive right to counsel in civil matters goes through the United States Supreme Court, but the Court refused to recognize a due process constitutional right to counsel in a civil matter …
Science, Politics, And Administrative Legitimacy , Louis J. Virelli Iii
Science, Politics, And Administrative Legitimacy , Louis J. Virelli Iii
Missouri Law Review
Administrative agencies in the United States and other constitutional democracies around the world are continually faced with difficult questions about the legitimacy of their decisions.1 Each of these legitimacy questions in turn raises important second-order questions about how agencies should view their role within a constitutional democracy: How closely should agency decisions reflect popular political will? When and to what degree are deviations from popular opinion justified, and what measures should be taken to reduce the gap between regulators and the governed? What other sources of information are critical to agency decision making, and how should those inputs be treated …
Constitutionality Of Caps: Upholding Missouri's Right To Jury Trial And The Non-Economic Damages Debate, The, Rachel Lawrence
Constitutionality Of Caps: Upholding Missouri's Right To Jury Trial And The Non-Economic Damages Debate, The, Rachel Lawrence
Missouri Law Review
This Note argues that the Watts decision appropriately invalidated the statutory limits on economic damages, finding non-economic caps on damages unconstitutional. Part II of this Note analyzes the facts and holding of Watts. Part III examines previous constitutional challenges to Missouri Revised Statutes chapter 538 and how the court interpreted constitutional language to reach its decision. Next, Part IV explains the court’s rationale in Watts. Last, Part V explains why the court was correct in declaring noneconomic damage caps unconstitutional and explores the policy issues behind statutory limitations on damages.
Fish And Federalism: How The Asian Carp Litigation Highlights A Decifiency In The Federal Common Law Displacement Analysis, Molly M. Watters
Fish And Federalism: How The Asian Carp Litigation Highlights A Decifiency In The Federal Common Law Displacement Analysis, Molly M. Watters
Michigan Journal of Environmental & Administrative Law
In response to the growing threat posed by the progress of Asian carp up the Mississippi River toward the Great Lakes, and with increased frustration with the federal response to the imminent problem, in 2010, five Great Lakes states sued the Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago to force a more desirable and potentially more effective strategy to prevent the Asian carp from infiltrating the Great Lakes: closing the Chicago locks. This Note examines the federal common law displacement analysis through the lens of the Asian carp litigation. Both the Federal District Court …
Constitutional Change, Courts, And Social Movements, Douglas Nejaime
Constitutional Change, Courts, And Social Movements, Douglas Nejaime
Michigan Law Review
In Constitutional Redemption: Political Faith in an Unjust World, Professor Jack Balkin furnishes a positive account of constitutional change, advances a normative vision of the relationship between popular mobilizations and evolving constitutional principles, and develops an interpretive theory aimed at fulfilling the Constitution's promise. Rather than take an internal perspective that asks how courts alter constitutional doctrine, Balkin decenters adjudication and instead views the role of courts in constitutional change through the lens of social movements. In doing so, he convincingly exposes the feedback loop between social movements and courts: courts respond to claims and visions crafted by movements, and …
Watch Your Step: Recovery For Inmate Slip And Fall - Rodriguez V. City Of New York, Brittany A. Fiorenza
Watch Your Step: Recovery For Inmate Slip And Fall - Rodriguez V. City Of New York, Brittany A. Fiorenza
Touro Law Review
No abstract provided.
The Sanctity Of The Attorney-Client Relationship – Undermined By The Federal Interpretation Of The Right To Counsel - People V. Borukhova, Tara Laterza
Touro Law Review
No abstract provided.
A Cumulative Approach To Ineffective Assistance: New York’S Requirement That Counsel’S Cumulative Efforts Amount To Meaningful Representation - People V. Bodden, Jan Lucas
Touro Law Review
No abstract provided.
What Are We Searching For? Conditions, Elements, And Requirements For A Valid “Searching Inquiry” In The State Of New York - People V. Crampe, Dean M. Villani
What Are We Searching For? Conditions, Elements, And Requirements For A Valid “Searching Inquiry” In The State Of New York - People V. Crampe, Dean M. Villani
Touro Law Review
No abstract provided.
Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince
Touro Law Review
No abstract provided.
Editors’ Foreword, Editors
The Presumption Of Constitutionality And The Individual Mandate, Gillian E. Metzger, Trevor W. Morrison
The Presumption Of Constitutionality And The Individual Mandate, Gillian E. Metzger, Trevor W. Morrison
Fordham Law Review
No abstract provided.
The Politics Of Obamacare: Health Care, Money, And Ideology, Richard Kirsch
The Politics Of Obamacare: Health Care, Money, And Ideology, Richard Kirsch
Fordham Law Review
No abstract provided.
Federalism From Federal Statutes: Health Reform, Medicaid, And The Old-Fashioned Federalists’ Gamble, Abbe R. Gluck
Federalism From Federal Statutes: Health Reform, Medicaid, And The Old-Fashioned Federalists’ Gamble, Abbe R. Gluck
Fordham Law Review
No abstract provided.
Night Of The Living Dead Hand: The Individual Mandate And The Zombie Constitution, Gary Lawson
Night Of The Living Dead Hand: The Individual Mandate And The Zombie Constitution, Gary Lawson
Fordham Law Review
No abstract provided.
International Law For American Courts: Why The “American Laws For American Courts” Movement Is A Violation Of The United States Constitution And Universal Human Rights, Maria Surdokas
University of Baltimore Journal of International Law
In recent years, the “American Laws for American Courts” movement has swept across the country in an attempt to ban international law from U.S. state courts. This article specifically examines the Oklahoma Save Our State Amendment and the Arizona Foreign Decisions Act. In doing so, it addresses both the constitutional and policy problems with these attempts, observing that what the states have been trying to do is neither legal nor practical. It analyzes the inability of individual states to unilaterally avoid compliance with the United States’ international law obligations. It notes the absurdity in outlawing international law in order to …