Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (18)
- St. Mary's University (11)
- Georgetown University Law Center (5)
- Maurer School of Law: Indiana University (3)
- Pepperdine University (3)
-
- Seattle University School of Law (3)
- Boston University School of Law (2)
- University of Pittsburgh School of Law (2)
- Chicago-Kent College of Law (1)
- New York Law School (1)
- Notre Dame Law School (1)
- Pace University (1)
- Penn State Dickinson Law (1)
- Roger Williams University (1)
- Selected Works (1)
- SelectedWorks (1)
- University of Colorado Law School (1)
- University of Kentucky (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Publication Year
- Publication
-
- Touro Law Review (16)
- St. Mary's Law Journal (9)
- Georgetown Law Faculty Publications and Other Works (5)
- Indiana Law Journal (3)
- Pepperdine Law Review (3)
-
- Seattle University Law Review (3)
- Faculty Scholarship (2)
- Journal of Race, Gender, and Ethnicity (2)
- St. Mary's Journal on Legal Malpractice & Ethics (2)
- All Faculty Scholarship (1)
- Articles (1)
- Articles & Chapters (1)
- Book Chapters (1)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (1)
- Charles W. Murdock (1)
- Dickinson Law Review (2017-Present) (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- Melissa R Hart (1)
- Notre Dame Journal of Law, Ethics & Public Policy (1)
- Pro Bono Collaborative Staff Publications (1)
- Scholarly Works (1)
- Publication Type
Articles 31 - 58 of 58
Full-Text Articles in Law
Unpatriotic Acts: An Introduction, Sadiq Reza
Unpatriotic Acts: An Introduction, Sadiq Reza
Faculty Scholarship
John Walker Lindh. Zacarias Moussaoui. Jose Padilla. Richard Reid. Who reading these lines does not instantly recognize the names of these men? Or at least their assigned noms de guerre: American Taliban, 20th hijacker, dirty bomber, shoe bomber. For two and a half years these names and others have flitted through our daily copies of The New York Times like shadow characters in a play, along with black-and-white photographs underneath which black-and-white text tells us of their alleged (and sometimes proven) wrongdoing and the latest developments in their tribulations (and sometimes trials) with our government. But the men themselves are …
Reconstructing The Rule Of Law, Robin West
Reconstructing The Rule Of Law, Robin West
Georgetown Law Faculty Publications and Other Works
The action taken in Bush v. Gore by the five conservative Justices on the United States Supreme Court, Bugliosi argued, was not just wrong as a matter of law, but criminal: It was a malem in se, fully intended, premeditated theft of a national election for the Presidency of the United States. Now, as Balkan and Levinson would argue, this seventh, "prosecutorial" response -- that the Court's action was not just wrong but criminal -- is also not available to a devotee of either radical or moderate indeterminacy. Even assuming both criminal intent and severe harm-a wrongful, specific intent to …
Cleaning Up The Legal Debris Left In The Wake Of Whitewater, Susan Low Bloch
Cleaning Up The Legal Debris Left In The Wake Of Whitewater, Susan Low Bloch
Georgetown Law Faculty Publications and Other Works
We have learned a lot in the twenty-five years since Watergate. During the scandal itself, we confirmed that the President is not above the law. We learned that executive privilege is constitutionally protected, but that it is not absolute. And, we learned that a need exists for an independent counsel, but that we don't necessarily need a statute to establish such an office.
Watergate and the Nixon era spawned several so-called "reforms": the establishment of the independent counsel statute, presidential immunity from civil damage suits for official action, and public ownership of the President's official papers. It is interesting and …
Character And Fitness Requirements For Bar Admission In New York, Avrom Robin
Character And Fitness Requirements For Bar Admission In New York, Avrom Robin
Touro Law Review
No abstract provided.
Right To Counsel, Supreme Court, Appellate Division Second Department, People V. Taylor
Right To Counsel, Supreme Court, Appellate Division Second Department, People V. Taylor
Touro Law Review
No abstract provided.
Of Ivory Columns And Glass Ceilings: The Impact Of The Supreme Court Of The United States On The Practice Of Women Attorneys In Law Firms Comment., Nancy L. Farrer
Of Ivory Columns And Glass Ceilings: The Impact Of The Supreme Court Of The United States On The Practice Of Women Attorneys In Law Firms Comment., Nancy L. Farrer
St. Mary's Law Journal
This Commentary examines the effect United States Supreme Court decisions on sex discrimination in the legal profession. Discrimination against women currently appears to be alive and well in the legal field. Decisions like Bradwell v. Illinois and In re Lockwood frustrated women attorneys for over a century, allowing states to determine women were unfit for occupations in areas like law. Hishon v. King & Spalding, and later, Price Waterhouse v. Hopkins, applied Title VII protections to evaluations of potential law firm partners—a process previously closed and unassailable for most of the history of the legal profession. More recently, Harris v. …
Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins
Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
14 pages.
Ineffective Assistance Counsel
Ineffective Assistance Of Counsel
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
Touro Law Review
No abstract provided.
Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack
Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack
St. Mary's Law Journal
Addressing Congressional woes requires reform. Entrenched incumbency is a detriment to the legislative system. Although the enactment of initiatives restricting Congressional terms limits signal voters agree, better alternatives exist. The only prerequisites found in the Constitution for serving in Congress are age, residency, and citizenship. While the twenty-second amendment proscribes the presidential office limit maximum as two terms, no such limitations exist for a congressman or congresswoman. Sitting incumbents have substantial advantages over their challengers. Incumbents success ratio exceeds 80% in Senate races and is approximately 90% for elections in the House of Representatives. Congressional term limitations attempt to eliminate …
Ineffective Assistance Of Counsel
Freedom Of Speech And The Press
The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche
The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
To the surprise of many and the dismay of some, the U.S. Supreme Court took it upon itself last term to proclaim a national compromise on the question of abortion. The Court's announced truce, an elaboration on Justice O'Connor's "undue burden" idea, is pragmatic in design but unlikely to prove stable in practice. The three justices who spoke for the Court disparaged Roe with reluctant praise, then upheld its outer shell on the ground that social expectations and the need to sustain the appearance of the rule of law made it impolitic to do otherwise. This awkward doctrinal invention seems …
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Faculty Scholarship
This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …
The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts
The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts
St. Mary's Law Journal
Federal jurisdiction based on preemption removal should extend to federal laws which meet the requirements of Franchise Tax Board v. Construction Laborers Vacation Trust and Metropolitan Life Insurance Company v. Taylor. The well-pleaded complaint rule restricts federal removal jurisdiction. The well-pleaded complaint rule requires a federal question appear on the face of the plaintiff’s complaint for federal jurisdiction to attach. Therefore, the defendant’s right to a federal forum depends upon whether the plaintiff chooses to invoke a federal claim in its complaint. Courts routinely criticize the linking of removal jurisdiction to the well-pleaded complaint rule for giving plaintiffs incentive to …
An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel
An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel
St. Mary's Law Journal
Scholars generally agree children possess fewer rights than adults under the Constitution. Moreover, the school, as a restricted environment, places additional constraints on the constitutional rights of minors. In recent years, however, the Supreme Court extended to minor students the rights of equal protection and civil due process. In Tinker v. Des Moines Independent Community School District, the Court acknowledged children have First Amendment rights of self-expression in a school environment. This marked a significant change from the judiciary’s traditional reluctance to interfere in school matters. Subsequent First Amendment challenges to school board decisions have focused on library book removal. …
Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson
Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson
Law Faculty Scholarly Articles
This article explores the ramifications of Wainwright v. Sykes, a case decided before the Supreme Court of the United States in 1977. The broad question before the Court in Sykes concerned the extent to which state prisoners should have access to federal court by use of the writ of habeas corpus. The narrow issue before the Court concerned the impact on a prisoner's claim for habeas relief of procedural defaults (such as a failure to object to evidence, a failure to perfect an appeal, etc.) that occur in the state proceeding under attack. In considering these important issues Justice …
Federal Habeas Corpus And Ineffective Representation Of Counsel: The Supreme Court Has Work To Do, Peter W. Tague
Federal Habeas Corpus And Ineffective Representation Of Counsel: The Supreme Court Has Work To Do, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
The availability of federal habeas corpus relief for state criminal defendants has always borne a complex relationship to state rules barring defendants from litigating constitutional claims in state court because of procedural defaults in raising those claims. The Warren Court's landmark attempt to resolve this relationship was the 1963 decision in Fay v. Noia, which asserted that a state procedural forfeiture rule could not bar federal habeas review of a constitutional claim unless the defendant had "deliberately bypassed" the procedural opportunity to raise the claim; the Court defined "deliberate bypass" in terms of a defendant's intentional and voluntary relinquishment of …
Petition Of Bar Association To Supreme Court To Regulate Practice Of Law
Petition Of Bar Association To Supreme Court To Regulate Practice Of Law
Indiana Law Journal
No abstract provided.