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Full-Text Articles in Law
Constitutional Limits On Extraterritorial Jurisdiction: Terrorism And The Intersection Of National And International Law, Anthony J. Colangelo
Constitutional Limits On Extraterritorial Jurisdiction: Terrorism And The Intersection Of National And International Law, Anthony J. Colangelo
Faculty Journal Articles and Book Chapters
This Article addresses the possible constitutional limits on the ability of the United States to project and apply extraterritorially its criminal laws and, in particular, its anti-terror laws. Although plainly central to exceedingly urgent and important issues presently facing the United States, this topic has been under-treated in academic commentary and muddled in the courts. Yet its analysis pits U.S. sovereignty and prevailing efforts to combat dangerous criminal activity beyond our borders squarely against principles of limited government and individual rights: What sources of lawmaking authority empower Congress to project U.S. law abroad? Does the Constitution protect individual defendants against …
Taking "Justice And Fairness" Seriously: Distributive Justice And The Takings Clause, Jeffrey M. Gaba
Taking "Justice And Fairness" Seriously: Distributive Justice And The Takings Clause, Jeffrey M. Gaba
Faculty Journal Articles and Book Chapters
In United States v. Armstrong, the Supreme Court stated that the Fifth Amendment Takings Clause “was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.” In effect, the Supreme Court grounded the Takings Clause in principles of distributive justice. The purpose of this Article is to consider some of the implications of incorporating a principle of distributive justice into the Fifth Amendment. It begins with an analysis of the origins of Fifth Amendment regulatory takings analysis and the basis (or lack …
Does Stare Decisis Apply In The Eighth Amendment Death Penalty Context, Meghan J. Ryan
Does Stare Decisis Apply In The Eighth Amendment Death Penalty Context, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
Throughout the past few decades, the Supreme Court has steadily chipped away at the death penalty. It was only recently, however, that courts have confronted what role precedent plays in the Eighth Amendment death penalty context. Surprisingly, few scholars have yet explored this important and complicated issue. Precedent in this area is unique because the law of the Eighth Amendment is always changing and the Eighth Amendment has been interpreted to be applied more broadly in the death penalty context. This Article argues that precedent in the Eighth Amendment death penalty context does not apply in the typical fashion. Instead …
John Locke And The Meaning Of The Takings Clause, Jeffrey M. Gaba
John Locke And The Meaning Of The Takings Clause, Jeffrey M. Gaba
Faculty Journal Articles and Book Chapters
ohn Locke, political philosopher and all around polymath, stands as a central figure in the development of Western conceptions of property rights and democratic institutions. If not the sole voice that is echoed in the American revolution and the Constitutional Convention, he clearly influenced the founders, particularly James Madison, and he thus represents an intellectual force that is a legitimate part of the current debate over the relationship between government power and individual property rights.
The purpose of this article is to provide both a detailed analysis of Locke to aid the Takings debate and a particular reading of the …
Doing Katrina Time, Pamela R. Metzger
Doing Katrina Time, Pamela R. Metzger
Faculty Journal Articles and Book Chapters
This Article explores one Katrina-law problem: the plight of the poor, unrepresented and uncharged prisoners. It attempts to explain why these detainees were unrepresented and abandoned and how we might better guarantee the quality of justice for future detainees. Katrina has proved that bright-line rules are the best lines of defense for the poor; criminal justice systems honor concrete rules more readily than abstract imperatives. Katrina also proved that good lawyering on behalf of poor people can bring joy in the midst of despair.