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Articles 1 - 9 of 9
Full-Text Articles in Law
The Public Trust Doctrine, Property, And Society, Erin Ryan
The Public Trust Doctrine, Property, And Society, Erin Ryan
Scholarly Publications
The public trust doctrine creates a set of sovereign rights and responsibilities with regard to certain resource commons, obligating the state to manage them in trust for the public. In the last century, the doctrine has gradually transformed from an affirmation of sovereign authority over trust resources to a recognition of sovereign responsibility to protect them for present and future generations. Especially in the United States, it has evolved through common, constitutional, and statutory law to protect a broader variety of resources and associated values, including ecological, recreational, and scenic values. Today, the doctrine is frequently invoked in natural resource …
Conceptualising Corruption And The Rule Of Law, Jacob Eisler
Conceptualising Corruption And The Rule Of Law, Jacob Eisler
Scholarly Publications
No abstract provided.
The Pendulum Swings Back: New Authoritarian Threats To Liberal Democratic Constitutionalism, Jacob Eisler
The Pendulum Swings Back: New Authoritarian Threats To Liberal Democratic Constitutionalism, Jacob Eisler
Scholarly Publications
No abstract provided.
Government Speech And The Establishment Clause, Alexander Tsesis
Government Speech And The Establishment Clause, Alexander Tsesis
Scholarly Publications
This Article argues that the Establishment Clause prohibits public actors or agencies from adopting religious messages and symbols. The limitation is explicitly stated in the First Amendment, which restricts government from encroaching on religious belief and ritual. Separation between private and public spheres protects thought, belief, and practice under the Free Exercise Clause and prevents official orthodoxy under the Establishment Clause. One religion clause requires government to respect deeply held personal beliefs that are parallel to beliefs in God, while the other clause prohibits government from participating in sectarian conduct. Government speech can describe, explain, contextualize, and characterize religious rituals …
Damned Causation, Elissa Philip Gentry
Damned Causation, Elissa Philip Gentry
Scholarly Publications
The inherent mismatch between the questions law asks and the answers statistics provides has led courts to create arbitrary rules for statistical evidence. Adherence to these rules undermines deterrence goals and runs the risk of depriving recovery for whole categories of injuries. In response, some courts adopt new theories of recovery, relying on the loss of chance doctrine to provide some relief to injured plaintiffs. These solutions, however, only serve to exacerbate the fundamental misunderstanding of probabilities. While these doctrines largely operate within the context of medical malpractice, the increased ability to capture more statistical data may prompt courts to …
Police Ignorance And (Un)Reasonable Fourth Amendment Exclusion, Nadia Banteka
Police Ignorance And (Un)Reasonable Fourth Amendment Exclusion, Nadia Banteka
Scholarly Publications
The Fourth Amendment exclusion doctrine is as baffling as it is ubiquitous. Although courts rely on it every day to decide Fourth Amendment violations as well as defendants' motions to suppress evidence obtained through these violations, virtually every aspect of the doctrine is a subject of fundamental disagreement and confusion. When defendants file motions to suppress unlawfully obtained evidence, the government often argues that even if a violation of the Fourth Amendment has transpired, the remedy of evidence suppression is barred because the police acted in "good faith," meaning the officer reasonably, albeit mistakenly, believed the search or seizure was …
Rethinking Constitutionally Impermissible Punishment, Nadia Banteka
Rethinking Constitutionally Impermissible Punishment, Nadia Banteka
Scholarly Publications
Prisons and jails endanger the health and wellbeing of incarcerated individuals and their communities. These facilities are often overcrowded and unsanitary,1 with limited access to medical care, 2 and no basic sanitation and personal hygiene products unless a person can pay the spiked prices of the jail's commissary.3 Public health emergencies compound these dangers. Most recently, the spread of the COVID-19 pandemic created a crisis for people in detention, their families, and the communities surrounding jails and prisons. For over a year, there were no vaccines against COVID-19, new strains of the virus continue to evade vaccine-induced immunity, and there …
Rethinking The Government Speech Doctrine, Post-Trump, Jacob Eisler
Rethinking The Government Speech Doctrine, Post-Trump, Jacob Eisler
Scholarly Publications
The Supreme Court has held that when the government speaks, it faces few constitutional constraints, including adherence to viewpoint neutrality. The Court has indicated that if voters dislike the content of governmental speech, they should express this displeasure through democratic process. Yet the inadequacy of this logic has been exposed by the Trump presidency, which reflected extraordinary willingness to defy norms and conventions of the presidency, including the expectation that the office would not be abused to advance partisan goals or attack political enemies. Since many of Trump's statements had the precise aim of influencing popular self-determination, his presidency shows …
Who Owns The Critical Vision In International Legal History?: Reflections On Anne Orford's International Law And The Politics Of History, Afroditi Giovanopoulou
Who Owns The Critical Vision In International Legal History?: Reflections On Anne Orford's International Law And The Politics Of History, Afroditi Giovanopoulou
Scholarly Publications
No abstract provided.