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All In The Family, Almost - A Review Of The 2012-2013 U.S. Supreme Court Term, Miller W. Shealy Jr. Aug 2013

All In The Family, Almost - A Review Of The 2012-2013 U.S. Supreme Court Term, Miller W. Shealy Jr.

Miller W. Shealy Jr.

No abstract provided.

Deportation For A Sin: Why Moral Turpitude Is Void For Vagueness, Mary Holper Aug 2013

Deportation For A Sin: Why Moral Turpitude Is Void For Vagueness, Mary Holper

Mary Holper

A major problem facing noncitizen criminal defendants today is the vagueness of the term “crime involving moral turpitude” (CIMT) in deportation law. The Supreme Court in the 1951 case Jordan v. DeGeorge decided that a statute authorizing deportation for a CIMT was not void for vagueness because courts had long held the noncitizen’s offense, fraud, to be a CIMT, so he was on notice of his likely deportation. I argue that when noncitizens are charged with an offense that case law has not clearly delineated as a CIMT, the term is vague, since the definition used by the agency and …

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Views On Supreme Court's Same-Sex Marriage Decisions, Vincent Samar Jul 2013

Views On Supreme Court's Same-Sex Marriage Decisions, Vincent Samar

Vincent Samar

Views on Supreme Court's Same-Sex Marriage Decisions

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Originalism And The Other Desegregation Decision, Ryan C. Williams Apr 2013

Originalism And The Other Desegregation Decision, Ryan C. Williams

Ryan Williams

Critics of originalist approaches to constitutional interpretation often focus on the “intolerable” results that originalism would purportedly require. Although originalists have disputed many such claims, one contention that they have been famously unable to answer satisfactorily is the claim that their theory is incapable of justifying the Supreme Court’s famous 1954 decision in Bolling v. Sharpe. Decided the same day as Brown v. Board of Education, Bolling is the case that is most closely associated with the Supreme Court’s so-called “reverse incorporation” doctrine, which interprets the Due Process Clause of the Fifth Amendment as if it effectively "incorporates" the Fourteenth …

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Hidden Gems In The Historical 2011-2012 Term, And Beyond, John C. Eastman Dec 2012