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Articles 1 - 23 of 23
Full-Text Articles in Law
Who Really Benefits From The First Amendment?, Nadine Strossen
Who Really Benefits From The First Amendment?, Nadine Strossen
Other Publications
No abstract provided.
To Participate And Elect: Section 2 Of The Voting Rights Act At 40, Ellen D. Katz, Brian Remlinger, Andrew Dziedzic, Brooke Simone, Jordan Schuler
To Participate And Elect: Section 2 Of The Voting Rights Act At 40, Ellen D. Katz, Brian Remlinger, Andrew Dziedzic, Brooke Simone, Jordan Schuler
Other Publications
This paper provides an overview of cases decided under Section 2 of the Voting Rights Act between September 1, 1982 and December 31, 2021. It updates our 2006 study documenting Section 2 litigation through 2005. Of note is the substantial decline in the number of Section 2 cases decided and diminished success for the plaintiffs who bring them. While recent litigation (including Brnovich and Merrill v. Milligan) suggests that Section 2 is likely to occupy, at best, a diminished role in future electoral disputes, this paper shows that Section 2’s reach had already declined significantly prior to recent disputes. …
Why Law Of Evidence Supports The Verdict That The President Is Guilty, Edward A. Purcell Jr.
Why Law Of Evidence Supports The Verdict That The President Is Guilty, Edward A. Purcell Jr.
Other Publications
This post originally appeared on https://thehill.com/opinion/judiciary/477186-why-law-of-evidence-supports-the-verdict-that-the-president-is-guilty
Nancy Pelosi Is Defending The Constitution With Her Actions, Edward A. Purcell Jr.
Nancy Pelosi Is Defending The Constitution With Her Actions, Edward A. Purcell Jr.
Other Publications
This post originally appeared on https://thehill.com/opinion/judiciary/476021-nancy-pelosi-is-defending-the-constitution-with-her-actions
Litigating Federal Habeas Corpus Cases: One Equitable Gateway At A Time, Eve Brensike Primus
Litigating Federal Habeas Corpus Cases: One Equitable Gateway At A Time, Eve Brensike Primus
Other Publications
Habeas corpus, also known as the Great Writ, was meant to be a “bulwark against convictions that violate fundamental fairness,” according to the Supreme Court. Yet today, federal courts provide relief in fewer than half of one percent of cases in which a non-capital state prisoner seeks relief through habeas. The Great Writ, it would seem, is no longer so great. In Litigating Federal Habeas Corpus Cases: One Equitable Gateway at a Time, Eve Brensike Primus examines the various procedural and substantive hurdles that have been erected in the past half century that make it nearly impossible for state prisoners …
How The Ada Regulates And Restricts Solitary Confinement For People With Mental Disabilities, Margo Schlanger
How The Ada Regulates And Restricts Solitary Confinement For People With Mental Disabilities, Margo Schlanger
Other Publications
In a landmark decision two decades ago, United States District Judge Thelton Henderson emphasized the toxic effects of solitary confinement for inmates with mental illness. In Madrid v. Gomez, a case about California’s Pelican Bay prison, Judge Henderson wrote that isolated conditions in the Special Housing Unit, or SHU, while not amounting to cruel and unusual punishment for all prisoners, were unconstitutional for those “at a particularly high risk for suffering very serious or severe injury to their mental health . . . .” Vulnerable prisoners included those with pre-existing mental illness, intellectual disabilities, and brain damage. Henderson concluded that …
The High Power Of The Lower Courts, Doni Gewirtzman
The High Power Of The Lower Courts, Doni Gewirtzman
Other Publications
No abstract provided.
Constitutionalism, Jethro K. Lieberman
Constitutional Law, Jethro Lieberman
Towards A New Democratic Africa: The African Charter On Democracy, Elections And Governance, Stacy-Ann Elvy
Towards A New Democratic Africa: The African Charter On Democracy, Elections And Governance, Stacy-Ann Elvy
Other Publications
The African Charter on Democracy, Elections and Governance (“ADC”) recently entered into force on February 15, 2012. The main goal of the ADC is the encouragement and promotion of democracy and human rights on the African continent. The ADC is the first binding regional instrument adopted by member states of the African Union (“AU”) that attempts to comprehensively address all of the elements necessary for the establishment of liberal democracies. The ADC also contains a number of expansive provisions regarding unconstitutional changes of government. For instance, the ADC is the first legal instrument adopted by member states of the AU …
Will We Finally See Courtroom Debate?, Arthur S. Leonard
Will We Finally See Courtroom Debate?, Arthur S. Leonard
Other Publications
No abstract provided.
A Child Preaches As Conservatism Dies, Brandt Goldstein
A Child Preaches As Conservatism Dies, Brandt Goldstein
Other Publications
This article originally appeared on https://www.huffpost.com/entry/a-child-preaches-as-conse_b_173616
The Truth About Torts: Rethinking Regulatory Preemption And Its Impact On Public Health, William Buzbee, William Funk, Thomas Mcgarity, Nina A. Mendelson, Sidney Shapiro, David Vladeck, Matthew Shudtz
The Truth About Torts: Rethinking Regulatory Preemption And Its Impact On Public Health, William Buzbee, William Funk, Thomas Mcgarity, Nina A. Mendelson, Sidney Shapiro, David Vladeck, Matthew Shudtz
Other Publications
As consumers, we assume that the automobiles, pharmaceuticals, medical devices, and other products we purchase are generally safe for their intended uses. We rely on manufacturers to design and produce safe products, and we assume that federal regulators are conscientious watchdogs of the marketplace. In most instances, our assumptions are valid and we safely go about our lives. But the regulatory system is now frayed to the point that dangerous products sometimes slip through the cracks. Vioxx, Firestone/ATX tires, and toxics-laden children’s toys have endangered and harmed millions. In these cases, society depends on the state courts as a venue …
Issue Brief: Overcoming Legal Barriers To The Bulk Sale Of At-Risk Mortgages, Michael S. Barr, James A. Feldman
Issue Brief: Overcoming Legal Barriers To The Bulk Sale Of At-Risk Mortgages, Michael S. Barr, James A. Feldman
Other Publications
This memorandum argues that the sale of loans and loan pools to new owners would help to stabilize housing prices, and that such a modification to the REMIC rules would be desirable and well within Congress’ constitutional authority. Furthermore, it would not lead to successful legal claims by investors in securitized loan pools under the Just Compensation or Due Process clauses, which provide the primary constitutional protections for property interests.
Limiting Federal Agency Preemption: Recommendations For A New Federalism Executive Order, William Funk, Thomas Mcgarity, Nina A. Mendelson, Sidney Shapiro, David Vladeck, Matthew Shudtz, James Goodwin
Limiting Federal Agency Preemption: Recommendations For A New Federalism Executive Order, William Funk, Thomas Mcgarity, Nina A. Mendelson, Sidney Shapiro, David Vladeck, Matthew Shudtz, James Goodwin
Other Publications
The structure of the U.S. Constitution reflects a profound respect for the principles of federalism and state sovereignty. These principles require the federal government to recognize and encourage opportunities for state and local governments to exercise their authority, especially in areas of traditional state concern such as the protection of the health, safety, and welfare of their citizens. However, over the last six years there has been a coordinated Executive Branch effortto use the regulatory process to shield certain product manufacturers from state tort liability. The Food and Drug Administration, National Highway Traffic Safety Administration, and Consumer Product Safety Commission, …
Face To Face With The Right Of Confrontation, Richard D. Friedman
Face To Face With The Right Of Confrontation, Richard D. Friedman
Other Publications
This article is an edited excerpt from the amicus curiae brief filed in Crawford v. Washington, heard before the United States Supreme Court on November 10, 2003. Prof. Friedman wrote the brief for the Court.
Focus On Faculty, Richard D. Friedman
Focus On Faculty, Richard D. Friedman
Other Publications
Professor Richard Friedman talks about his scholarship and work.
Administrative Rulemaking (Testimony), David Schoenbrod
Administrative Rulemaking (Testimony), David Schoenbrod
Other Publications
This post originally appeared on https://www.cato.org/publications/congressional-testimony/administrative-rulemaking
Admissibility Of Psychiatric Evaluations Under Miranda And The Right To Counsel: Satterwhite And Buchanan, Michael L. Perlin
Admissibility Of Psychiatric Evaluations Under Miranda And The Right To Counsel: Satterwhite And Buchanan, Michael L. Perlin
Other Publications
No abstract provided.
Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White
Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White
Other Publications
The question how our Constitution is to be interpreted is a living one for us today, both in the scholarly and in the political domains. Professors argue about "interpretivism" and "originalism" in law journals, they study hermeneutics and deconstruction to determine whether or not interpretation is possible at all, and if so on what premises, and they struggle to create theories that will tell us both what we do in fact and what we ought to do. Politicians and public figures (including Attorney General Edwin Meese) talk in the newspapers and elsewhere about the authority of the "original intention of …
Book Review Of Reconsecrating America, By George Goldberg, Ruti G. Teitel
Book Review Of Reconsecrating America, By George Goldberg, Ruti G. Teitel
Other Publications
No abstract provided.
Book Review: Constitutional Change: Amendment Politics And Supreme Court Litigation Since 1900, By Clement E. Vose, Edward A. Purcell Jr.
Book Review: Constitutional Change: Amendment Politics And Supreme Court Litigation Since 1900, By Clement E. Vose, Edward A. Purcell Jr.
Other Publications
No abstract provided.
Changes In The Balance Of Governmental Power, Thomas M. Cooley
Changes In The Balance Of Governmental Power, Thomas M. Cooley
Other Publications
“In taking up for brief review the action of the convention in framing, and that of the people of the Union in adopting the Federal Constitution ninety years ago, we should be able after such a lapse of time, and in view of our diversified experience under it, to deal with it in a spirit of dispassionate criticism, and without boasting or unreasonable exultation. Yet we may perhaps truly say that the act itself was the most notable in government-making of which history bears record….”