Law Commons^™

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

Assessing The Readiness And Training Needs Of Non-Urban Physicians In Public Health Emergency And Response, Chiehwen Ed Hsu

Chiehwen Ed Hsu

No abstract provided.

A Philosophical Investigation Into Methods Of Constitutional Interpretation In The United States And The United Kingdom, Louis E. Wolcher

ExpressO

Most constitutional theorists in America and Britain are primarily interested in the contents of their respective constitutions. They pay less attention (and in Britain far less attention) to the methods that judges employ to derive those contents, and almost no attention to the philosophical aspects of judges’ interpretive methods. This article attempts to redress this imbalance by giving a distinctly philosophical description of the principal methods of constitutional interpretation that judges are inclined to follow in these two countries, and by developing the important distinction between the interpretation and the reception of a constitutional text. The act of interpretation is …

Seeing Government Purpose Through The Objective Observer's Eyes: The Evolution-Intelligent Design Debates, Kristi L. Bowman

ExpressO

In October, 2004, the Dover, Pennsylvania School District became the first in the nation to adopt a policy requiring students studying evolution to be told about the concept of intelligent design. Soon thereafter, parents filed a lawsuit challenging the policy as violating the Establishment Clause. But, Establishment Clause doctrine is one of the most splintered, incoherent areas of the Court’s jurisprudence—and even more so after the Court’s June 2005 McCreary County v. Kentucky decision. Read strictly, McCreary County imports the effects-endorsement “objective observer” into the government purpose inquiry. This subtle shift has significant ramifications: McCreary County changes the nature of …

Making Free Speech Affordable: A Discussion Of Legislation To Provide Public Funding To Candidates For The U.S. Congress, Jared S. Cram

ExpressO

This article discusses a recent attempt by the U.S. Congress to provide for public financing of campaigns for the House of Representatives. Although a good start, this legislation would not go far enough to ensure that every voice has an opportunity to be heard in federal elections. My article discusses the strengths and weaknesses of this legislation and also provides suggested amendments to make this bill more effective should it become law.

Making Free Speech Affordable provides an in-depth comparison of this proposed legislation with current law at the state level providing for public financing of campaigns. This discussion includes …

Symposium On Sentencing Rhetoric: Competing Narratives In The Post-Booker Era, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Examination Of The Constitutional Amendment On Marriage: Hearing Before The Subcomm. On The Constitution, Civil Rights, And Property Rights Of The S. Comm. On The Judiciary, 109th Cong., Oct. 20, 2005 (Statement Of Professor Louis Michael Seidman, Geo. U. L. Center), Louis Michael Seidman

Testimony Before Congress

No abstract provided.

Fallout From Kelo: Ruling Spurs Legislative Proposals To Limit Takings, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

The 2005 Supreme Court decision in Kelo v. City of New London has galvanized much unwarranted controversy over governmental authority to condemn private property. A legislative reaction throughout the country has focused on limiting governmental condemnation authority in order to encourage economic development. This article discusses some of the specific pros and cons of reactionary legislation by both the federal and New York legislature.

Does The Icj's Decision In Avena Really Mean Anything To Mexicans On Death Row?, Kenneth Williams

ExpressO

This article assesses the legality of President Bush's order to state courts that they review the convictions and sentences of certain Mexican nationals on death row in response to the ICJ's decision that the rights of these inmates had been violated. The article also discusses the review process and makes a proposal to ensure that the ICJ's mandate is carried out. Finally, there is a discussion as to the importance of these cases to both the U.S. and Mexico.

Law And Economic Analysis On The Relationship Of Transparency And Voluntary Redistribution Of Wealth: Pursuing Both Efficiency And Equity At Once, Woo-Jong Jon

ExpressO

Charitable works can be analyzed as public goods or externalities. Eradication of extreme poverty and hunger, basic science research, and support for art and religion are public goods. These have non-excludability and non-rivalry, which are the defining characteristics of public goods, making philanthropist’s honor spread over more beneficiaries. And to achieve universal primary education is an externality because educations for the unlearned peolpe benefits both themselves and society at large. And in this knowledge and information era education is more and more important, thus society has to support the students who desire to escape from poverty helping them to receive …

Prosecuting Counterfeit License Plates: A Law Clerk's Constitutional Argument, Miguel R. Acosta

ExpressO

The article discusses the status and probable future of the counterfeit license plate statute in Florida, Florida Statute Section 320.26(1)(a). It prohibits the possession of counterfeit license plates. However, it contains no explicit mens rea requirement. As a result, this law has been challenged repeatedly of late because it is punishable up to five years in prison and because it could potentially be used to punish innocent conduct.

Federalism And Antitrust Reform, Herbert J. Hovenkamp

All Faculty Scholarship

Currently the Antitrust Modernization Commission is considering numerous proposals for adjusting the relationship between federal antitrust authority and state regulation. This essay examines two areas that have produced a significant amount of state-federal conflict: state regulation of insurance and the state action immunity for general state regulation. It argues that no principle of efficiency, regulatory theory, or federalism justifies the McCarran-Ferguson Act, which creates an antitrust immunity for state regulation of insurance. What few benefits the Act confers could be fully realized by an appropriate interpretation of the state action doctrine. Second, the current formulation of the antitrust state action …

The Transnational Judicial Discourse And Felon Disenfranchisement: Re-Examining The Textual Premise Of Richardson V. Ramirez, Jason G. Morgan-Foster

ExpressO

This article is simultaneously an international comparative law piece about prisoner disenfranchisement in various countries, a transnational work of legal theory providing a framework for the use of foreign law in domestic constitutional courts, and a domestic analysis of the constitutional underpinnings of felon disenfranchisement.

The article begins with a comprehensive comparative analysis of the recent prisoner disenfranchisement decisions in Canada, South Africa, and Europe. It notes that the over-arching theme of these decisions is to view the acceptability of prisoner disenfranchisement along a continuum, where it becomes more acceptable the more serious the offense committed.

The article then examines …

Sex, Politics, And Morality, Edward L. Rubin

William & Mary Law Review

No abstract provided.

Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. ("Now What?"), William W. Van Alstyne

William & Mary Bill of Rights Journal

No abstract provided.

The Historical Amendability Of The American Constitution: Speculations On An Empirical Problematic, Darren R. Latham

American University Law Review

No abstract provided.

Are Property Owners Constitutionally Entitled To Compensation For Environmental Remediation Funds?, Andrew Hysell

Buffalo Environmental Law Journal

No abstract provided.

The View Outside: What Kind Of Expression For Adolescents Outside The United States?, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Constitutional Law—First Amendment And Freedom Of Thought—Banishing Sex Offenders: Seventh Circuit Upholds Sex Offender's Ban From Public Parks After Thinking Obscene Thoughts About Children. Doe V. City Of Lafayette, 377 F.3d 757 (7th Cir. 2004)., Elizabeth Cloud

University of Arkansas at Little Rock Law Review

No abstract provided.

Ohio Issue 1 Is Unconstitutional, Wilson Huhn

North Carolina Central Law Review

No abstract provided.

Rhode Island Court Resolves Palazzolo, Jonathan Lew

Sea Grant Law Fellow Publications

No abstract provided.

Some Reflections On The Symposium: Judging, The Classical Legal Paradigm And The Possible Contributions Of Science, Christina E. Wells

Faculty Publications

One theme running through the many excellent contributions to this symposium involves the myriad influences on judicial decision-making. As Professor Wrightsman notes, Supreme Court Justices' personal characteristics may affect their ability to influence colleagues and, consequently, the outcome of Supreme Court decisions. Professor Ruger observes that judges have both attitudinal and jurisprudential preferences that may change over time, affecting legal outcomes differently as time passes. Professor Sisk similarly notes that judges' personal values and experiences influence their decision-making. These observations are consistent with those of numerous other scholars, who find wide-ranging and diverse influences on the judicial resolution of legal …

Does Constitutional Change Matter? Canada's Recognition Of Aboriginal Title, Kirsten Matoy Carlson

Law Faculty Research Publications

No abstract provided.

Stepping Through Grutter'S Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen L. Norton

Faculty Scholarship

In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling -- specifically, a public law school’s interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well. The switch to instrumental justifications for affirmative action appears a strategic response to the Court’s narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning whether …

The Original Meaning Of The Establishment Clause, Robert G. Natelson

William & Mary Bill of Rights Journal

No abstract provided.

Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering

Indiana Law Journal

No abstract provided.

Aid And Comfort: Rasul V. Bush And The Separation Of Powers Doctrine In Wartime, Ryan Mckaig

Campbell Law Review

By failing to recognize the challenges facing political and military leaders in the wake of the September 11, 2001 attacks, in reversing fifty-four years of precedent relied upon by the executive branch, and in failing to consider the political question doctrine, the Supreme Court in Rasul charted a dangerous constitutional course that could lead to greater judicial involvement in war-making powers and greater levels of conflict among the three branches. These trends will ultimately threaten the nation's ability to fight and win future wars. The decision is ill-advised, ill-timed, and invites unintended consequences.

Beyond Presumptions And Peafowl: Reconciling The Legal Principle Of Equality With The Pedagogical Benefits Of Gender Differentiation, Michael J. Kaufman

Buffalo Law Review

No abstract provided.

To Improve The State And Condition Of Man: The Power To Police And The History Of American Governance, Christopher Tomlins

Buffalo Law Review

Book review of Markus Dirk Dubber's The Police Power: Patriarchy and the Foundations of American Government

Where Does Forum For Academic And Institutional Rights V. Rumsfeld Leave Military Recruiting Efforts?, Angel M. Overgaard

Buffalo Law Review

No abstract provided.