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Articles 1 - 30 of 498

Full-Text Articles in Law

Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl Sep 2019

Rationing The Constitution: Beyond And Below, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick Aug 2019

Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick

Popular Media

No abstract provided.


Trust And Retaliation: The First Amendment And Trump’S Taxes, Timothy Zick Jul 2019

Trust And Retaliation: The First Amendment And Trump’S Taxes, Timothy Zick

Popular Media

No abstract provided.


The President’S Utterly Un-American Response To Dissent, Timothy Zick Jul 2019

The President’S Utterly Un-American Response To Dissent, Timothy Zick

Popular Media

No abstract provided.


The Semantics And Pragmatics Of Legal Statements, Michael S. Green Jun 2019

The Semantics And Pragmatics Of Legal Statements, Michael S. Green

Popular Media

No abstract provided.


Recent Case Shows Flaws In Va Benefits, David E. Boelzner Apr 2019

Recent Case Shows Flaws In Va Benefits, David E. Boelzner

Popular Media

No abstract provided.


The Persistence Of Fatal Police Taserings In 2018, Donald E. Wilkes Jr. Feb 2019

The Persistence Of Fatal Police Taserings In 2018, Donald E. Wilkes Jr.

Popular Media

Fatal police taserings have been a persistent phenomenon in the United States for nearly two decades. Steadily, relentlessly, year after year, month after month, our police kill citizens with tasers. This article reviews the history of fatal police taserings and those that occurred in 2018.


International Criminal Court Comes Of Age, Nancy Amoury Combs Jan 2019

International Criminal Court Comes Of Age, Nancy Amoury Combs

Popular Media

No abstract provided.


The Case That Stirred The State Of Georgia, Donald E. Wilkes Jr. Jan 2019

The Case That Stirred The State Of Georgia, Donald E. Wilkes Jr.

Popular Media

In the second half of the 19th Century, hundreds of murders occurred in Georgia, but only two murder cases electrified the entire state. Both cases were the subject of massive amounts of publicity in Georgia newspapers, and for years both cases were ceaselessly talked about in every part of this state.

One of these two notable murder cases was the Woolfolk murder case, involving Tom Woolfolk, nicknamed Bloody Woolfolk, who in 1887 murdered nine members of his family with an axe in Bibb County and after two trials was hanged in 1890. In 1997, I published a book review in ...


Mystery Subpoena Case At Supreme Court Could Expand Us Authority, Peter B. Rutledge, Amanda W. Newton Jan 2019

Mystery Subpoena Case At Supreme Court Could Expand Us Authority, Peter B. Rutledge, Amanda W. Newton

Popular Media

This article examines the D. C. Circuit’s underlying decision In Re Grand Jury Subpoena, that expands the possibility that a federal criminal subpoena could override a claim of sovereign immunity when also coupled with an invocation of a foreign blocking statute.


European Decision Could Have Killed Investment Treaties, Affecting Arbitration And Investments, Peter B. Rutledge, Katherine M. Larsen, Amanda W. Newton Jan 2019

European Decision Could Have Killed Investment Treaties, Affecting Arbitration And Investments, Peter B. Rutledge, Katherine M. Larsen, Amanda W. Newton

Popular Media

A dramatic upheaval in investor-state arbitration last year recently led to the apparent demise of investment treaties throughout Europe and could have broad implications for both international arbitration and foreign investments in the European Union. In May 2018, the Court of Justice of the European Union found in Achmea v. Slovak Republic that the bilateral investment treaty between the Netherlands and the Slovak Republic (a so-called intra-EU BIT) contained an arbitration clause that was incompatible with European law.


Does Multidistrict Litigation Deny Plaintiffs Due Process?, Elizabeth Chamblee Burch Jan 2019

Does Multidistrict Litigation Deny Plaintiffs Due Process?, Elizabeth Chamblee Burch

Popular Media

No abstract provided.


A Chance To End Gerrymandering In Virginia, A. E. Dick Howard, Rebecca Green Dec 2018

A Chance To End Gerrymandering In Virginia, A. E. Dick Howard, Rebecca Green

Popular Media

No abstract provided.


Copyright And The Single Work, Laura A. Heymann Nov 2018

Copyright And The Single Work, Laura A. Heymann

Popular Media

No abstract provided.


Children’S Welfare And The State’S Fiduciary Responsibility, James G. Dwyer Nov 2018

Children’S Welfare And The State’S Fiduciary Responsibility, James G. Dwyer

Popular Media

No abstract provided.


Amazing Facts About The Jfk Assassination, Donald E. Wilkes Jr. Nov 2018

Amazing Facts About The Jfk Assassination, Donald E. Wilkes Jr.

Popular Media

During the past half century, resourceful scholars, journalists and private researchers within the JFK assassination research community, to their enormous credit, repeatedly have uncovered relevant evidence unavailable or overlooked during the official investigations. The members of this research community are the persons who have been the most active in examining the millions of pages of previously secret government documents relating to the assassination that have been declassified and released to the public since 1992.

While many key factual questions about the JFK assassination remain answered, we now, in 2018, know more of the facts surrounding the assassination than ever before ...


Which Side Are You On?, James G. Dwyer Nov 2018

Which Side Are You On?, James G. Dwyer

Popular Media

No abstract provided.


“Protecting Children”: A Welcome Addition To Efforts To Redress Wartime Harms, Diane Marie Amann Nov 2018

“Protecting Children”: A Welcome Addition To Efforts To Redress Wartime Harms, Diane Marie Amann

Popular Media

This essay is the second in an online mini forum that Just Security is hosting on the new book, Protecting Children in Armed Conflict.


$314m And Sovereign Immunity Are At Stake In Upcoming High Court Case, Peter B. Rutledge, Amanda W. Newton Nov 2018

$314m And Sovereign Immunity Are At Stake In Upcoming High Court Case, Peter B. Rutledge, Amanda W. Newton

Popular Media

The Nov. 7 Supreme Court arguments in Republic of Sudan v. Harrison will implicate issues of civil procedure, sovereign immunity, and statutory interpretation. At stake for the Republic of Sudan is $314 million in Sudanese assets. More broadly, however, the court’s decision could have ramifications for any nation, including the United States, that enjoys sovereign immunity.


Public Or Private Venture Capital?, Darian M. Ibrahim Oct 2018

Public Or Private Venture Capital?, Darian M. Ibrahim

Popular Media

No abstract provided.


Elizabeth Warren’S New Housing Proposal Is Actually A Brilliant Plan To Close The Racial Wealth Gap, Mehrsa Baradaran, Darrick Hamilton Oct 2018

Elizabeth Warren’S New Housing Proposal Is Actually A Brilliant Plan To Close The Racial Wealth Gap, Mehrsa Baradaran, Darrick Hamilton

Popular Media

Last month, Sen. Elizabeth Warren released a $450 billion housing plan called the American Housing and Economic Mobility Act. The proposal is a comprehensive and bold step toward providing affordable housing for the most vulnerable Americans. The bill is the first since the Fair Housing Act with the explicit intent of redressing the iterative effects of our nation’s sordid history of housing discrimination. Critically, it has the potential to make a substantive dent in closing our enormous and persistent racial wealth gap.


Counterfeit Campaign Speech, Rebecca Green Oct 2018

Counterfeit Campaign Speech, Rebecca Green

Popular Media

No abstract provided.


Interruptions At Supreme Court Confirmation Hearings Have Been Rising Since The 1980s, Paul M. Collins Jr., Lori A. Ringhand Oct 2018

Interruptions At Supreme Court Confirmation Hearings Have Been Rising Since The 1980s, Paul M. Collins Jr., Lori A. Ringhand

Popular Media

As scholars of the confirmation process, we aim to measure what is measurable, in the hope that data can inform our more subjective perceptions of politics. And one measurable feature of Kavanaugh’s testimony is the striking number of times he interrupted the senators to challenge their comments or force his own point. Here, the historical record can shed some light. This article reviews the history of interruptions during Supreme Court confirmation hearings from 1939 to 2010.


Alien Tort Cases Will Survive Supreme Court Trim, Write Commentators, Peter B. Rutledge, Michael Baker Sep 2018

Alien Tort Cases Will Survive Supreme Court Trim, Write Commentators, Peter B. Rutledge, Michael Baker

Popular Media

For over four decades, the Alien Tort Statute has served as a central battleground in some of the country’s (and world’s) most significant international human rights litigation. Following a trend in its ATS jurisprudence that started with its opinion in Sosa v. Alvarez-Machain, the Supreme Court recently trimmed the statute’s scope yet further. In Jesner v. Arab Bank PLC, the Court held that suits arising under the ATS did not extend to claims against corporations (at least some of them, a nuance explained below). Once again, postdecisional commentary decried the demise of ATS suits and a blow ...


Judge Kavanaugh, Chevron Deference, And The Supreme Court, Kent H. Barnett, Christina L. Boyd, Christopher J. Walker Sep 2018

Judge Kavanaugh, Chevron Deference, And The Supreme Court, Kent H. Barnett, Christina L. Boyd, Christopher J. Walker

Popular Media

How might a new U.S. Supreme Court Justice Brett Kavanaugh review federal agency statutory interpretations that come before him on the Court?

To find at least a preliminary answer, we can look to his judicial behavior while serving on the U.S. Court of Appeals for the D.C. Circuit—and there is plenty of relevant Kavanaugh judicial behavior to observe. Since starting his service on the D.C. Circuit in 2006, Judge Kavanaugh has participated in the disposition of around 2,700 cases and has authored more than 300 opinions. Over a third of those authored opinions involved ...


A First Step Towards Sentencing Reform, Jeffrey Bellin Aug 2018

A First Step Towards Sentencing Reform, Jeffrey Bellin

Popular Media

No abstract provided.


President Trump: Challenging Core First Amendment Principles, Timothy Zick Aug 2018

President Trump: Challenging Core First Amendment Principles, Timothy Zick

Popular Media

No abstract provided.


The First Amendment, The Second Amendment, And 3d Firearms, Timothy Zick Aug 2018

The First Amendment, The Second Amendment, And 3d Firearms, Timothy Zick

Popular Media

No abstract provided.


Judge Kavanaugh And Freedom Of Expression, Timothy Zick Aug 2018

Judge Kavanaugh And Freedom Of Expression, Timothy Zick

Popular Media

No abstract provided.


The Federalist Society Majority, Lawrence Baum, Neal Devins Jul 2018

The Federalist Society Majority, Lawrence Baum, Neal Devins

Popular Media

No abstract provided.