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The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom Oct 2013

The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom

Robert Bloom

United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity


Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman Feb 2011

Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman

Robert L. Hayman

This is a foreword to a compendium of writings by our lost friend and colleague, Bobby Lipkin, collected within a special issue of the Widener Law Review. Bobby’s constitutionalism beholds and celebrates that "no constitutional truths emanate from either politically unaccountable" courts or from paradigmatically imperfect constitutional legal theories. Rather, Bobby’s constitutionalism was participatory and justificatory: it derives from the Constitution’s republican democracy. The Constitution means what We the People allow it to mean at constitutional inflection points in our nation’s history. We miss Bobby dearly.


Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman Feb 2011

Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman

Erin Daly

This is a foreword to a compendium of writings by our lost friend and colleague, Bobby Lipkin, collected within a special issue of the Widener Law Review. Bobby’s constitutionalism beholds and celebrates that "no constitutional truths emanate from either politically unaccountable" courts or from paradigmatically imperfect constitutional legal theories. Rather, Bobby’s constitutionalism was participatory and justificatory: it derives from the Constitution’s republican democracy. The Constitution means what We the People allow it to mean at constitutional inflection points in our nation’s history. We miss Bobby dearly.


Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman Dec 2010

Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman

Eileen Kaufman

No abstract provided.


Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Banks Dec 2010

Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Banks

Taunya Lovell Banks

Renowned civil rights advocate and race man Thurgood Marshall came of age as a lawyer during the black protest movement in the 1930s. He represented civil rights protesters, albeit reluctantly, but was ambivalent about post-Brown mass protests. Although Marshall recognized law's limitations, he felt more comfortable using litigation as a tool for social change. His experiences as a legal advocate for racial equality influenced his thinking as a judge. Marshall joined the United States Supreme Court in 1967, as dramatic advancement of black civil rights through litigation waned. Other social movements, notably the women's rights movement, took its place. The …


A Comment On Costs In Constitutional Cases, Iain Field Nov 2010

A Comment On Costs In Constitutional Cases, Iain Field

Iain Field

Professor Patrick Keyzer and Stephen Lloyd SC are both well qualified to speak to the legal principles that govern the determination of costs in constitutional cases, and I am, with respect, happy to accept their combined review of these principles. I do not think that there are any significant disagreements between them in this regard. They have, nevertheless, provided us with two usefully distinct perspectives on the topic, and offered two contrasting views as to the need for special costs rules in constitutional cases. I have only a small number of observations (perhaps it is better to say questions), which …


Democracy Will Live As Long As Citizens Maintain Respect, Randy Lee Oct 2010

Democracy Will Live As Long As Citizens Maintain Respect, Randy Lee

Randy Lee

No abstract provided.


The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek Black Oct 2010

The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek Black

Derek W. Black

This Article highlights the inherent ambiguities of racial antidiscrimination's core legal language: "equal protection under the law" and "discrimination based on race." It then analyzes how and why the Court has never answered fundamental questions regarding the meaning of these terms. Thus, this Article answers these fundamental questions itself by exploring the original intent behind the Equal Protection Clause. Against this backdrop, this Article reveals how the Court's standard for assessing discrimination claims, the intent doctrine, assumes a meaning for equal protection that is inconsistent with its original meaning. Rather than reflecting equal protection's meaning, the standard lacks any basis …


Can Google-Tv Help Liberate Cable-Tv?, Erik Ugland Sep 2010

Can Google-Tv Help Liberate Cable-Tv?, Erik Ugland

Erik Ugland

No abstract provided.


The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom Sep 2010

The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom

Robert M. Bloom

United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity


The Young Israel Dilemma: Disengagement Or Confrontation, Michael Helfand Sep 2010

The Young Israel Dilemma: Disengagement Or Confrontation, Michael Helfand

Michael A Helfand

No abstract provided.


Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt Sep 2010

Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt

Richard C. Boldt

This essay reviews Excusing Crime, by Jeremy Horder, Reader in Criminal Law and Tutor in Law at Worcester College, Oxford. It describes Horder’s project, which is to build a complex taxonomy of criminal law excuse practices and to use that account of “why things are as they are” to argue, on the basis of his version of liberal theory, against “the restricted range” of excuses in the UK and elsewhere. By virtue of his appreciation that some, but not all, excuses contain justificatory elements, and given his insistence that pure claims of non-responsibility are not excuses, Horder has defined a …


La Organización Electoral En Colombia, Javier Revelo-Rebolledo, Mauricio García-Villegas Aug 2010

La Organización Electoral En Colombia, Javier Revelo-Rebolledo, Mauricio García-Villegas

Javier E Revelo-Rebolledo

No abstract provided.


Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power Jul 2010

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power

Garrett Power

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …


The Doma Supreme Court Question: Do The Conservatives Really Care About States' Rights?, Kent Greenfield Jul 2010

The Doma Supreme Court Question: Do The Conservatives Really Care About States' Rights?, Kent Greenfield

Kent Greenfield

No abstract provided.


La Ley De Justicia Y Paz. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas, Rodrigo Uprimny Jun 2010

La Ley De Justicia Y Paz. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas, Rodrigo Uprimny

Javier E Revelo-Rebolledo

No abstract provided.


Leyes De Economía Agraria. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas, Rodrigo Uprimny Jun 2010

Leyes De Economía Agraria. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas, Rodrigo Uprimny

Javier E Revelo-Rebolledo

No abstract provided.


Reformas Políticas Y Reelección. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas Jun 2010

Reformas Políticas Y Reelección. Impacto Constitucional E Institucional, Javier Revelo-Rebolledo, Mauricio García-Villegas

Javier E Revelo-Rebolledo

No abstract provided.


Procesos De Captura Y Resistencia En La Rama Judicial, Javier Revelo-Rebolledo, Mauricio García-Villegas Jun 2010

Procesos De Captura Y Resistencia En La Rama Judicial, Javier Revelo-Rebolledo, Mauricio García-Villegas

Javier E Revelo-Rebolledo

No abstract provided.


Implementing International Law In The Domestic Legal Order – The Application Of Safeguard Measures And The Possible Overlap Of Jurisdictions, Elenor Lissel May 2010

Implementing International Law In The Domestic Legal Order – The Application Of Safeguard Measures And The Possible Overlap Of Jurisdictions, Elenor Lissel

Elenor Lissel

No abstract provided.


The Reporter's Privilege Goes Incognito In Wisconsin, Erik Ugland May 2010

The Reporter's Privilege Goes Incognito In Wisconsin, Erik Ugland

Erik Ugland

No abstract provided.


Rethinking Immigration Detention, Anil Kalhan Apr 2010

Rethinking Immigration Detention, Anil Kalhan

Anil Kalhan

In recent years, scholars have drawn attention to the myriad ways in which the lines between criminal enforcement and immigration control have blurred in law and public discourse. This essay analyzes this convergence in the context of immigration detention. For decades, courts and observers have documented and analyzed a wide range of detention-related concerns, including mandatory and presumed custody, coercion and other due process violations, inadequate access to counsel, prolonged and indefinite custody, inadequate conditions of confinement, and violations of international law obligations. With the number of detainees skyrocketing since the 1990s, these concerns have rapidly proliferated - to the …


Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar Gray Apr 2010

Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar Gray

Oscar S. Gray

No abstract provided.


Here's A Scary Thought: Anthony Kennedy Is Now The Leader Of The Court's "Liberal" Wing, Kent Greenfield Apr 2010

Here's A Scary Thought: Anthony Kennedy Is Now The Leader Of The Court's "Liberal" Wing, Kent Greenfield

Kent Greenfield

No abstract provided.


My Boss, Justice Stevens, Joseph Thai, Susan Estrich, Eduardo Penalver, Jeffrey Fisher, Cliff Sloan, Deborah Pearlstein Apr 2010

My Boss, Justice Stevens, Joseph Thai, Susan Estrich, Eduardo Penalver, Jeffrey Fisher, Cliff Sloan, Deborah Pearlstein

Joseph T Thai

No abstract provided.


A Justice Of The Greatest Generation, Joseph Thai, Eduardo Penalver, Andrew Siegel Apr 2010

A Justice Of The Greatest Generation, Joseph Thai, Eduardo Penalver, Andrew Siegel

Joseph T Thai

No abstract provided.


Did Justice Stevens Change?, Joseph Thai Apr 2010

Did Justice Stevens Change?, Joseph Thai

Joseph T Thai

No abstract provided.


'My Little Genius' And The Role Of The Fcc, Erik Ugland Mar 2010

'My Little Genius' And The Role Of The Fcc, Erik Ugland

Erik Ugland

No abstract provided.


A Campaign Funding Mess, Kent Greenfield Jan 2010

A Campaign Funding Mess, Kent Greenfield

Kent Greenfield

No abstract provided.


A Way Out Of The Citizens United Mess?, Kent Greenfield Jan 2010

A Way Out Of The Citizens United Mess?, Kent Greenfield

Kent Greenfield

No abstract provided.