Law Commons^™

The Dialogue Between Biomedicine And Law In An “Intraamerican Transnational Perspective”, Charles Baron

Charles H. Baron

No abstract provided.

Immigrant Workers And The Thirteenth Amendment, Maria Ontiveros

Maria L. Ontiveros

This chapter examines the treatment of immigrant workers through the lens of the Thirteenth Amendment. It examines how the intersection of labor and immigration laws impact immigrant workers in general, "guest workers" and undocumented immigrants. It argues that immigrant workers can be seen as a caste of nonwhite workers laboring beneath the floor for free labor in ways which violate the Thirteenth Amendment. Further, it suggests ways in which immigrant workers can use the Thirteenth Amendment to improve their situation and offers an analysis of how the Thirteenth Amendment can form a bridge for organizing between labor, civil rights, immigration …

The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland

Erik Ugland

No abstract provided.

Book Review: John Yoo, Crisis And Command: A History Of Executive Power From George Washington To George Bush, John Eastman

John C. Eastman

No abstract provided.

Perspectives On Fundamental Rights In South Asia, Anil Kalhan

Anil Kalhan

This symposium issue of the Drexel Law Review marks the anticipated launch of a proposed new section on Law and South Asian Studies of the Association of American Law Schools, including several contributions that were initially presented during a session of the proposed section at AALS Annual Meeting for 2010. The proposed AALS section comes at a moment of heightened interest in the region among lawyers, policymakers, and the public at large in the United States, and is part of a rapidly growing constellation of scholarly initiatives on law in South Asia that have emerged internationally in recent years. In …

Voting Rights And Election Law, Michael Dimino, Bradley Smith, Michael Solimine

Michael R Dimino

The Inherent Structure Of Free Speech Law, Joshua Davis, Joshua

Joshua P. Davis

To date no one has discovered a set of organizing principles for free speech doctrine, an area of the law that has been criticized as complex, ad hoc, and even incoherent. We provide a framework that distills free speech law down to three judgments: the first about the role of government; the second about the target of government regulation; and the third a constrained cost-benefit analysis. The framework can be summarized by three propositions: first, the Constitution constrains government if it regulates private speech, but not if government speaks, sponsors speech, or restricts expression in managing an internal governmental function; …

Symposium: Perspectives On Fundamental Rights In South Asia, Anil Kalhan

Anil Kalhan

This symposium issue of the Drexel Law Review marks the anticipated launch of a proposed new section on Law and South Asian Studies of the Association of American Law Schools, including several contributions that were initially presented during a session of the proposed section at AALS Annual Meeting for 2010. The proposed AALS section comes at a moment of heightened interest in the region among lawyers, policymakers, and the public at large in the United States, and is part of a rapidly growing constellation of scholarly initiatives on law in South Asia that have emerged internationally in recent years. In …

Firms As Social Actors, Richard Adelstein

Richard Adelstein

A close look at what firms are and how they act.

Carnegie Corporation Of New York: Islam Scholars Program Carnegie Scholar 2010-2012, Intisar Rabb

Intisar A. Rabb

No abstract provided.

Pragmatism, Originalism, Race And The Case Against Terry V. Ohio, Lawrence Rosenthal

Lawrence Rosenthal

Perhaps no decision of the United States Supreme Court concerning the Fourth Amendment’s prohibition on “unreasonable search and seizure” has come in for more criticism than Terry v. Ohio, in which the Supreme Court concluded that even absent probable cause to arrest, a brief detention and protective search of an individual comports with the Fourth Amendment “where a police officer observes unusual conduct which leads him reasonably to conclude that criminal activity may be afoot and that the person with whom he is dealing may be armed and presently dangerous . . .” Terry is frequently denounced as granting the …

Public Confidence And Judicial Campaigns, Michael R. Dimino

Michael R Dimino

The Requirement Of An Investigator In Public And Private Practice, Robert M. Sanger

Robert M. Sanger

Drawing Bisexuality Back Into The Picture: How Bisexuality Fits Into Lgbt Legal Strategy 10 Years After Bisexual Erasure, Heron Greenesmith

Heron Greenesmith

In 2000, Kenji Yoshino published a paper exploring the social erasure of bisexuality. He introduces the paper by empirically proving that bisexuality was invisible through a quick survey of popular news sources that featured volumes more articles about homosexuality than bisexuality. Once he shows that bisexuality is invisible, he makes sure to distinguish between the incidental invisibility of bisexuality, perhaps because of the low number of bisexuals, and its deliberate erasure. Erasure is a deliberate act that involves the participation of people who seek to erase. Yoshino theorizes that monosexuals (heterosexuals and homosexuals) created an epistemic contract to erase bisexuality …

Evolving Away From Evolving Standards Of Decency, John F. Stinneford

John F. Stinneford

No abstract provided.

Death, Ineligibility And Habeas Corpus, Lee B. Kovarsky

Lee Kovarsky

I examine the interaction between what I call 'death ineligibility' challenges and the habeas writ. A death ineligibility claim alleges that a criminally-confined capital prisoner belongs to a category of offenders for which the Eighth Amendment forbids execution. By contrast, a 'crime innocence' claim alleges that, colloquially speaking, a capital prisoner 'wasn’t there, and didn’t do it.' In the last eight years, the Supreme Court has identified several new ineligibility categories, including mentally retarded offenders. Configured primarily to address crime innocence and procedural challenges, however, modern habeas law is poorly equipped to accommodate ineligibility claims. Death Ineligibility traces the genesis …

The One And Only Substantive Due Process Clause, Ryan C. Williams

Ryan Williams

State Extraterritorial Powers Reconsidered, Mark D. Rosen

Mark D. Rosen

No abstract provided.

Judicial Disqualification In The Aftermath Of Caperton V. A.T. Massey Coal Co., Ronald D. Rotunda

Ronald D. Rotunda

Does Due Process require a judge to disqualify himself if an individual spent independent funds to buy ads that criticized the judge's opponent in a judicial election? The Supreme Court said yes (5 to 4) in the Caperton decision, and thus has created more uncertainty in the law. Does it matter if the person who paid for the independent ads was not a lawyer or a party but was only an employee of the party? And, does it matter if that employee's financial interest in the law suit (if one were to pierce the corporate veil) is minor – substantially …

The Constitution And Our Debt To The Future, Rena I. Steinzor

Rena I. Steinzor

Health and safety laws have always been justified as manifestations of congressional authority to regulate and protect the free flow of interstate commerce under Article I, section 8 of the Constitution. Professor Steinzor argues that reliance on the Commerce Clause can support next generation proposals, including a National Environmental Legacy Act proposed by Professor Alyson Flournoy, which would require that any action on federal land involving the consumption or destruction of resources must be sustainable, as well as pending climate change legislation. But, Steinzor says, a far more desirable constitutional foundation for such laws is the General Welfare Clause found …

Svenskt Rättsligt Skydd Mot Säkerhetsrådets Beslut [Swedish Legal Protection Against Un Security Council Decisions], Vilhelm Persson

Vilhelm Persson

National authorities are sometimes expected to implement acts of the Security Council. This may cause questions concerning applicability of human rights regulation. On a regional level such questions have already been brought to the European Court of Human Rights and the European Court of Justice. On a national level, the Swedish fundamental laws are in principle applicable to all acts of Swedish authorities. Authorities should therefore set aside acts of the Security Council that are incompatible with rights protected by the fundamental laws. This is the case even when authorities act outside of Swedish territory. However, the fundamental laws were …

The Inconvenience Of A “Constitution [That] Follows The Flag … But Doesn’T Quite Catch Up With It”: From Downes V. Bidwell To Boumediene V. Bush, Pedro A. Malavet

Pedro A. Malavet

Providing extensive historical, precedential and sociological context for the 2008 decision on the habeas corpus rights of detainees at Guantanamo Naval Station; includes a detailed study of the court’s references to the Insular Cases and then a detailed analysis of the original decisions an their historical and sociological context.

Freedom Of Thought For The Extended Mind: Cognitive Enhancement And The Constitution, Marc J. Blitz

Marc J. Blitz

No abstract provided.

Newspaper Theft, Self-Preservation And The Dimensions Of Censorship, Erik Ugland, Jennifer Lambe

Erik Ugland

One of the most common yet understudied means of suppressing free expression on college and university campuses is the theft of freely-distributed student publications, particularly newspapers. This study examines news accounts of nearly 300 newspaper theft incidents at colleges and universities between 1995 and 2008 in order to identify the manifestations and consequences of this peculiar form of censorship, and to augment existing research on censorship and tolerance by looking not at what people say about free expression but at what they do when they have the power of censorship in their own hands. Among the key findings is that …

Organizations And Economics, Richard Adelstein

Richard Adelstein

A contribution to a symposium on a paper by Richard Posner.

Collective Action Federalism: A General Theory Of Article I, Section 8, Robert D. Cooter, Neil Siegel

Robert Cooter

The Framers of the United States Constitution wrote Article I, Section 8 in order to address some daunting collective action problems facing the young nation. They especially wanted to protect the states from military warfare by foreigners and from commercial warfare against one another. The states acted individually when they needed to act collectively, and Congress lacked power under the Articles of Confederation to address these problems. Section 8 thus authorized Congress to promote the “general Welfare” of the United States by tackling many collective action problems that the states could not solve on their own. Subsequent interpretations of Section …

Subconstitutionalism, Tom Ginsburg, Eric A. Posner

Tom Ginsburg

No abstract provided.

Lucy V. Adams, Sage Encyclopedia Of African American Education, Armando G. Hernandez

Armando G. Hernandez

Each topic in this 2-volume encyclopedia is discussed as it relates to the education of African Americans. The entries provide a comprehensive overview of educational institutions at every level, from preschool through graduate and professional training, with special attention to historically and predominantly Black colleges and universities. The encyclopedia follows the struggle of African Americans to achieve equality in education—beginning among an enslaved population and evolving into the present—as the efforts of many remarkable individuals furthered this cause through court decisions and legislation.

The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt

Christopher W. Schmidt

By taking their seats at “whites only” lunch counters across the South in the spring of 1960, African American students not only launched a dramatic new stage in the civil rights movement, they also sparked a national reconsideration of the scope of the constitutional equal protection requirement. The critical constitutional question raised by the sit-in movement was whether the Fourteenth Amendment, which after Brown v. Board of Education (1954) prohibited racial segregation in schools and other state-operated facilities, applied to privately owned accommodations open to the general public. From the perspective of the student protesters, the lunch counter operators, and …

Marriage And Parenthood As Status And Rights: The Growing, Problematic And Possibly Constitutional Trend To Disaggregate Family Status From Family Rights, Katharine K. Baker

Katharine K. Baker