Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 10 of 10
Full-Text Articles in Law
The Israeli Constitutional Revolution/Evolution, Models Of Constitutions, And A Lesson Frommistakes And Achievements, Yoseph M. Edrey Prof.
The Israeli Constitutional Revolution/Evolution, Models Of Constitutions, And A Lesson Frommistakes And Achievements, Yoseph M. Edrey Prof.
Yoseph M. Edrey
There are some fundamental preconditions entailed in the process of becoming a democratic state. The mere existence of a written document entitled "Constitution" is not enough; a society is entitled to be considered a democratic state by the international community only if its legal sys- tem contains two attributes-the recognition of basic human rights and the idea that basic human rights are protected by some type of judicial review performed by an independent court system. Further- more, it would be better if these basic human rights were enumerated in a written constitution. Nonetheless, based on the Social Contract concept, the …
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …
What Hath Raich Wrought? Five Takes, Brannon P. Denning, Glenn H. Reynolds
What Hath Raich Wrought? Five Takes, Brannon P. Denning, Glenn H. Reynolds
Brannon P. Denning
Written for a paper symposium on Gonzales v. Raich, 545 U.S. 1 (2005), we describe the effects of the decision on what had seemed a renewed interest on the part of the Court to limit federal power.
In Incognito: The Principle Of Double Effect In American Constitutional Law, Edward Lyons
In Incognito: The Principle Of Double Effect In American Constitutional Law, Edward Lyons
Edward C. Lyons
In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as …
Judicial Review Of Unenumerated Rights: Does Marbury's Holding Apply In A Post-Warren Court World?, John C. Eastman
Judicial Review Of Unenumerated Rights: Does Marbury's Holding Apply In A Post-Warren Court World?, John C. Eastman
John C. Eastman
Prepared to commemmorate the bicentennial of the Supreme Court's landmark decision in Marbury v. Madison, this article explores the limits of the original holding, its expansive interpretation in the 20th Century to claims of judicial supremacy, even exclusiveness, in constitutional interpretation, and the various theories that would support such claims. The article explores in some detail the particularly troubling claim of judicial power to create new, unenumerated rights when the Court itself has rejected the foundational, natural rights principles that would lend legitimacy to the enterprise.
Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author)
Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author)
Shubhankar Dam
The Indian Supreme Court has been praised as one of the most socially active courts in the world, especially so in the environmental field. Yet it is arguable that many of the benefits claimed for judicial involvement are far from real. Three phases of activism are identified. In the 1970s, the Court developed the concept of environmental rights based on ensuring that the directive principles of state policy and the fundamental right to life contained the Constitution worked in mutual support. This was followed by a period when the Court extended liability principles. The most recent and most controversial phase …
Vineet Narain V Union Of India: A Court Of Law And Not Justice: Is The Indian Supreme Court Bound By The Indian Constitution, Shubhankar Dam
Vineet Narain V Union Of India: A Court Of Law And Not Justice: Is The Indian Supreme Court Bound By The Indian Constitution, Shubhankar Dam
Shubhankar Dam
The last twenty five years are an “impressive” chronicle of the Indian Supreme Court in action. Its novel functioning has changed the internal dynamics of Indian polity in a manner unknown to constitutional democracies. From an institution entrusted with the task of adjudicating disputes between parties, the Indian Supreme Court has transformed itself into an institution enjoined to promote the ideals of a socio-economic and political justice. Its prior role as an “adjudicator” has undergone a reappraisal. The judges therein are no more adjudicators but activists, energetically contributing to the accomplishment of India's constitutional vision. In this new creation, they …
Lawmaking Beyond Lawmakers: The Little Right And The Great Wrong, Shubhankar Dam
Lawmaking Beyond Lawmakers: The Little Right And The Great Wrong, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Whistle-Blowing And The Continued Expansion Of Title Ix In Jackson V. Birmingham Board Of Education, Adam Epstein
Whistle-Blowing And The Continued Expansion Of Title Ix In Jackson V. Birmingham Board Of Education, Adam Epstein
Adam Epstein
A study of the history and importance of the 2005 Supreme Court decision that expanded Title IX to include a private right of action for individuals who reveal Title IX violations even though they themselves were not subject to sex discrimination. The case involved Roderick Jackson a high school coach from the Birmingham, Alabama area.
Title Ix Whistle-Blowing Is Protected, Adam Epstein
Title Ix Whistle-Blowing Is Protected, Adam Epstein
Adam Epstein
Discussion of the valiant efforts of high school basketball coach Roderick Jackson (Birmingham, Alabama) and his complaint over inferior facilities for his girls basketball team. His claim went all the way to the United States Supreme Court.