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- Touro Law Review (4)
- The Eastern Illinois University Political Science Review (2)
- Brigham Young University Prelaw Review (1)
- Communication and Theater Association of Minnesota Journal (1)
- Compass: An Undergraduate Journal of American Political Ideas (1)
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- Helms School of Government Undergraduate Law Review (1)
- International Bulletin of Political Psychology (1)
- Northwestern Journal of Law & Social Policy (1)
- RISK: Health, Safety & Environment (1990-2002) (1)
- Sigma: Journal of Political and International Studies (1)
- Speaker & Gavel (1)
- St. Mary's Journal on Legal Malpractice & Ethics (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- The University of New Hampshire Law Review (1)
- University of Richmond Law Review (1)
Articles 1 - 19 of 19
Full-Text Articles in Law
Against Capital Punishment, Zac Bright, Ben Austin (Editor)
Against Capital Punishment, Zac Bright, Ben Austin (Editor)
Brigham Young University Prelaw Review
Capital punishment has a strong legal precedence in the United States. Capital punishment has been a penal option for those who commit conspicuously wrong acts. For such acts, the punishment seems to be proportional to the crime. In addition to the punishment’s adherence to proportionality, capital punishment mitigates problematic outcomes.
This paper advocates, however, that capital punishment should be classified as “cruel and unusual punishment.” Such violation of the eighth amendment delegitimizes capital punishment. Consequently, The Federal Death Penalty Act of 1994 should no longer be considered a valid law because of its constitutional violation.
A Guide For Our Times: Herbert Hoover's Critique Of Supreme Court Expansion, Matthew Chopp
A Guide For Our Times: Herbert Hoover's Critique Of Supreme Court Expansion, Matthew Chopp
Compass: An Undergraduate Journal of American Political Ideas
Former President Herbert Hoover’s critiques of FDR’s plan to expand the Supreme Court are useful for defending against contemporary calls to enlarge the composition of the Court, such as the Judiciary Act of 2021.
The Return Of A Judicial Artifact? How The Supreme Court Could Examine The Question Of The Nondelegation Doctrine’S Place In Future Cases, Dalton Davis
Helms School of Government Undergraduate Law Review
No abstract provided.
Determining The Constitutionality Of Public Aid To Parochial Schools After Espinoza, Anna Bryner
Determining The Constitutionality Of Public Aid To Parochial Schools After Espinoza, Anna Bryner
Sigma: Journal of Political and International Studies
No abstract provided.
Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron
Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron
Touro Law Review
No abstract provided.
Keeping Faith With Nomos, Steven L. Winter
Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron
Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron
Touro Law Review
No abstract provided.
Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel
Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel
St. Mary's Journal on Legal Malpractice & Ethics
The Supreme Court’s May 2018 decision in McCoy v. Louisiana has been hailed as a decisive statement of the priority of the value of a criminal defendant’s autonomy over the fairness and reliability interests that also inform both the Sixth Amendment and the ethical obligations of defense counsel. It also appears to be a victory for the vision of client-centered representation and the humanistic value of the inherent dignity of the accused. However, the decision is susceptible to being read too broadly in ways that harm certain categories of defendants. This paper offers a couple of cautionary notes, in response …
Rethinking The Dormant Commerce Clause?: Climate Change And Food Security, Michael Barsa
Rethinking The Dormant Commerce Clause?: Climate Change And Food Security, Michael Barsa
Northwestern Journal of Law & Social Policy
No abstract provided.
Analyzing The Roles Of Law And Politics In Judicial Decision Making: Predicting U.S. Supreme Court Justices’ Votes On A Case Of Affirmative Action, Ashley Renkor
The Eastern Illinois University Political Science Review
This study seeks to study relevant precedent cases concerning affirmative action, the 14th Amendment equal protection clause, the 5th Amendment equal protection clause, and the Civil Rights Act of 1964, with the goal of predicting how certain justices will vote in the affirmative action case, Fisher vs. the University of Texas at Austin. I conclude that justices will debate numerous aspects at play, such as original intent, plain meaning, precedent, policy preferences, public opinion, personal experience, the federal government, and interest groups in order to take positions in the Fisher case for the second time around with an intent …
Do Women Justices Matter?, Ashley Shula
Do Women Justices Matter?, Ashley Shula
The Eastern Illinois University Political Science Review
In recent years, women have started to have a considerable impact on the political process. While literature exists on women in Congress and in district court settings, little research exists on the role played by female Supreme Court Justices. The author attempts to shed light on the impact of female justices by assessing statements made by the justices, in addition to their voting records. The author finds that the new women Supreme Court Justices have had little impact so far, but offers that perhaps as time goes on, this will change.
Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin
Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Maintaining Institutional Power And Constitutional Principles: A Rhetorical Analysis Of United States V. Nixon, R. Scott Medsker, Todd F. Mcdorman
Maintaining Institutional Power And Constitutional Principles: A Rhetorical Analysis Of United States V. Nixon, R. Scott Medsker, Todd F. Mcdorman
Speaker & Gavel
In examining these implications we argue that the Court’s Nixon decision was a uniquely strategic response to a complex rhetorical situation. In fact, the elements of the situation were so fundamental to the tenor of the Court’s response that this essay’s framework is drawn from Lloyd F. Bitzer’s construction of the rhetorical situation. The use of this system will allow for deeper consideration of the context of United States v. Nixon as well as assessment of the legal text as responsive to that context.
The Influence Of Setting On Supreme Court Religious Expression Decisions, Joseph J. Hemmer Jr.
The Influence Of Setting On Supreme Court Religious Expression Decisions, Joseph J. Hemmer Jr.
Communication and Theater Association of Minnesota Journal
The First Amendment prohibits any establishment of religion, a dicta that has been applied in an apparently inconsistent manner by the Supreme Court when called upon to evaluate various forms of verbal and nonverbal religious communication. Court decisions have approved religious prayers and displays in government settings. When such exercises and displays were introduced to the public school academic setting, the Court chose to disallow the practice. An examination of judicial opinions reveals that justices recognize three factors inherent to the academic setting which justify the apparently contradictory decisions. Because of the captive nature of the audience, the presence of …
The Judicial Behavior Of Justice Souter In Criminal Cases And The Denial Of A Conservative Counterrevolution, Scott P. Johnson
The Judicial Behavior Of Justice Souter In Criminal Cases And The Denial Of A Conservative Counterrevolution, Scott P. Johnson
The University of New Hampshire Law Review
[Excerpt] “The following article documents the judicial career of Justice David Souter from his time served as an attorney general and state judge in New Hampshire until his recent tenure on the U.S. Supreme Court. Based upon his written opinions and individual votes, Justice Souter clearly has evolved into a more liberal jurist than ideological conservatives would have preferred in the area of criminal justice. Over the course of his judicial career, Justice Souter has gained respect as an intellectual scholar by attempting to completely understand both sides of a dispute and applying precedent and legal rules in a flexible—albeit …
Judicial Selection As . . . Talk Radio, Michael J. Gerhardt
Judicial Selection As . . . Talk Radio, Michael J. Gerhardt
University of Richmond Law Review
No abstract provided.
Trends. Immigration And Naturalization Service V. Aguirre, No. 97-1754: Can Crime Be Nonpolitical?, Ibpp Editor
Trends. Immigration And Naturalization Service V. Aguirre, No. 97-1754: Can Crime Be Nonpolitical?, Ibpp Editor
International Bulletin of Political Psychology
This articles discusses a recent Supreme Court case revolving around whether foreigners who have committed serious nonpolitical crimes outside the US are ineligible for refugee status regardless of the severity of persecution that would await them at their countries of origin.
Coping With Phantom Risks In The Courts, Peter W. Huber
Coping With Phantom Risks In The Courts, Peter W. Huber
RISK: Health, Safety & Environment (1990-2002)
Dr. Huber describes "phantom" risks as those tending to hover indefinitely, never to crystallize. He argues that legal procedures should optimally lead' to closure and eliminate unwarranted fears.
Marriage, Procreation, And The Prisoner: Should Reproductive Alternatives Survive During Incarceration?, Jacqueline B. Deoliveira
Marriage, Procreation, And The Prisoner: Should Reproductive Alternatives Survive During Incarceration?, Jacqueline B. Deoliveira
Touro Law Review
No abstract provided.