Law Commons^™

Attorney's Fees In Civil Rights Cases - October 2009 Term, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

The Supreme Court 2009 Term Overview And 2010 Term Preview, Erwin Chemerinsky, Joan Biskupic, Martin A. Schwartz, Leon Friedman

Martin A. Schwartz

No abstract provided.

Constitutional Litigation Under Section 1983 And The Bivens Doctrine In The October 2008 Term, Martin A. Schwartz

Martin A. Schwartz

Section 1983 is the major enforcer of individual federal constitutional rights. It authorizes individuals to enforce their constitutional rights against state and local officials; for example,prison officers and police officers, and against municipalities. It is the most important civil statute in American law. To its credit, the United States Supreme Court understands the significance of § 1983. For the past three decades, in virtually every single Term of theCourt, it has decided a substantial number of cases dealing with different facets of § 1983 litigation. Last Term, there was anunusual number of § 1983 decisions rendered by the United States …

Whither The Canaries: On The Exclusion Of Poor People From Equal Constitutional Protection, Julie Nice

Julie A. Nice

While neoliberal orthodoxy posits that a rising tide of economic growth will lift all boats, a sea change began in the United States around 1970 that marked the end of our social commitment to shared prosperity and the beginning of the steady widening of income inequality to its current historic level. In response, poor people might have been expected to turn to the courts for protection against the perennially pervasive prejudice against them, especially considering their relative—if not absolute—lack of political clout. But the Supreme Court had virtually closed the courthouse door in Dandridge v. Williams, affording to poor people …

Tea With The Chief: Ocl Interviews Chief Justice Rehnquist, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Annexed to the room in which the justices conference after oral argument, a chamber offers gilt-on-marble in fashion art deco: Rockefeller Center, the steamship Normandie, architectural tastes of futurismo dimension. In short, full on 1930s and architect Cass Gilbert letting his imagination take wing. This interview (re)launched OCL’s career as constitutional historian, following on two years’ study of the Nicomachean Ethics and the Politics. This is one of the few interviews not recorded on audiotape. Other interviewees include Michael Foote, J.O. Urmson, and Benson Mates. The interview (in context) continues in the next article. A longer recollection of this interview …

Police Can Stop You For Having A License Plate Bracket On Your Car, Beau James Brock, Rikki Weger

Beau James Brock

The Fourth Amendment must be protected from police excesses. Now, law enforcement is relying upon the most hyper-technical of violations to stop a vehicle. Both attorneys and judges must guard against the temptation that the ends will justify the means, only to find out later we sold out our freedom to the golden calf of drug interdiction.

Implementación De Políticas Corporativas Sobre Internet Y Redes Sociales En México, Rodolfo C. Rivas Rea Esq.

Rodolfo C. Rivas

The author analyzes and describes the necessary elements of a successful social media and Internet corporate policy; through citing common pitfalls and learning lessons from different jurisdictions across the world. The author then offers general guidelines on policies for Mexican enterprises under Mexican legislation.///////////////////////////////////////////////////////////////////////////////////////El autor analiza y describe los elementos necesarios de una política corporativa sobre internet y redes sociales exitosa, citando los errores más comunes y aprendiendo lecciones de las legislaciones de distintos países.

Supreme Court Ponders Drug-Detection Dog's 'Sniff Test', Alan E. Garfield

Alan E Garfield

No abstract provided.

A Long, Strange Trip: Guantanamo And The Scarcity Of International Law, Richard J. Wilson

Richard J. Wilson

From June of 2004, through June of 2007, I represented Omar Khadr, a detainee at Guantanamo Bay, Cuba. Omar, a Canadian citizen, was 15 years old when captured, and he was - and is - one of the very few detainees facing trial by a military commission. President Obama's decision to close Guantanamo and to put the commission trials on hold leaves us all with questions as to what will happen. This reflection was written in 2007, just about when I stopped representing Omar. The lower federal courts have not, in my view, used international law in any meaningful way …

The Internationalization Of Constitutional Law, Herman Schwartz

Herman Schwartz

No abstract provided.

The Wisdom And Enforceability Of Welfare Rights As Constitutional Rights , Herman Schwartz

Herman Schwartz

No abstract provided.

Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck

Ann Shalleck

No abstract provided.

Casey Skit: A Pedagogical Tool For Interviewing Young Women And Proceeding Through A Judicial Bypass Hearing , Jamin B. Raskin, Ann Shalleck

Jamin Raskin

No abstract provided.

Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin

Jamin Raskin

No abstract provided.

Conference: Supreme Court, Racial Politics, And The Right To Vote: Shaw V. Reno And The Future Of The Voting Rights Act, Julian Bond, Katharine Inglis Butler, Penda Hair, Anita S. Hodgkiss, Samuel Isaacharoff, Richard Jerome, David Kairys, Pamela S. Karlan, Robert A. Kengle, Loretta King, J. Morgan Kousser, Allan J. Lichtman, Binny Miller, Frank R. Parker, Richard H. Pildes, Jamin B. Raskin, Edward Still, Donald B. Verilli, Jr., Alex Willingham, Brenda Wright

Binny Miller

On September 9, 1994, The American University Law Review and the Law and Government Program of The Washington College of Law cohosted a conference addressing voting rights, with an emphasis on recent Supreme Courtjurisprudence, and Shaw v. Reno in particular. The conference brought together many of the leading scholars and practitioners involved in this area of the law. The day's events included four panel discussions and a luncheon speech by Julian Bond, the transcripts of which the Law Review is honored to publish.

The Benefits And Evils Of Competition”: James Coolidge Carter’S Supreme Court Advocacy, Lewis Grossman

Lewis A. Grossman

This chapter examines the Supreme Court advocacy of James Coolidge Carter, a leading legal theorist, practicing attorney, and political reformer of the Gilded Age. Carter was perhaps the most respected appellate advocate in the country at the end of the nineteenth century. He argued some of the most important cases of the Gilded Age. He defended the federal income tax, a Chinese immigrant denied reentry into the United States pursuant to a racist immigration restriction statute, and also argued seminal cases concerning the Fifth Amendment privilege against self-incrimination and the recognition of foreign judgments in American courts. In this essay, …

Conference On The Interventional Protection Of Reproductive Rights: Preface , Lauren Gilbert, Ann Shalleck, Claudio Grossman

Claudio M. Grossman

Reproductive Rights conference

Transcript For Panel Three: Privacy: Genetic Profiling And Discrimination , Christopher H. Asplen, F.Samuel Baechtel, Lon A. Berk, Susan D. Carle, Q.Todd Dickinson

Susan D. Carle

No abstract provided.

O Cidadão E O Estadista, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Fala-se muito em crise, naturalmente em mudanças políticas, e até em regeneração dos partidos. Cremos que esta é fundamental. Ou tal ocorre, ou virá, mais dia menos dia, após esta ou aquela convulsão, a ditadura e o partido único, sob qualquer bandeira, normalmente populista. Muitos estão já a atiçar o lume antipartidário e antidemocrático, como ocorreu noutros tempos. E apontando já os bodes expiatórios a sacrificar, enquanto os verdadeiros responsáveis passam ao largo... Por outro lado, não é Estadista quem quer. São precisas virtudes e qualidades. Não uma competência mitificada e abstrata. Mas projeto político e capacidade, experiência, etc.

The Embodiment Of Tolerance In Discourses And Practices Addressing Cultural Diversity In Schools, The Case Of Cyprus, Nicos Trimikliniotis, Corina Demetriou, Elena Papamichael

Nicos Trimikliniotis

The report examines the processes, methods and Practices of the Cypriot educational system as the

embodiment of tolerance in discourses and practices addressing cultural diversity in schools. These are

mediated by the perceptions of policy makers, the convictions of stakeholders involved in the processes and abilities of and tools made available to educationalists. In examining the nature of the educational system and particularly the way in which the system treats its minoritised individuals and groups, the philosophy which emerges is that of viewing diversity as a disadvantage and a deficiency that needs to be ‘treated’, against a backdrop of essentialising …

No, Bloomberg Isn't Banning Circumcision, Michael Helfand

Michael A Helfand

No abstract provided.

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Katherine L. Vaughns

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs suggest that …

Affirmative Action In Education Weighed Again, Alan E. Garfield

Alan E Garfield

No abstract provided.

The Law Of Words: Standing, Environment, And Other Contested Terms, David Cassuto

David N Cassuto

Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environmental standing doctrine, even while it ostensibly makes standing easier to prove for plaintiffs in environmental citizen suits. According to Laidlaw, an environmental plaintiff needs only to show personal injury to satisfy Article III's standing requirement; she need not show that the alleged statutory violation actually harms the environment. This Article argues that Laidlaw's distinction between injury to the plaintiff and harm to the environment is nonsensical. Both the majority and dissent in Laidlaw incorrectly assume that there exists an objective …

Legal Standing For Animals And Advocates, David N. Cassuto

David N Cassuto

For animal advocates, one of the most significant barriers to the courtroom is standing. In order to litigate on behalf of an animal's interests in federal court, the advocate must first establish standing by meeting three requirements: (1) the plaintiff must have suffered an injury in fact, (2) the injury must be causally connected to the act about which the plaintiff is complaining, and (3) the court must be able to redress the injury. When it comes to non-human animals, how does an advocate demonstrate an injury to establish standing? In this panel, experts in animal litigation discuss the concept …

United States V. Stevens: Win, Loss, Or Draw For Animals?, David N. Cassuto

David N Cassuto

Robert J. Stevens, proprietor of “Dogs of Velvet and Steel,” was indicted for marketing dog-fighting videos in violation of 18 U.S.C. §48, a law criminalizing visual or auditory depictions of animals being “intentionally mutilated, tortured, wounded, or killed” if such conduct violated federal or state law where “the creation, sale, or possession [of such materials]” takes place.” The law aimed principally at makers and distributors of “crush videos” wherein women wearing high heels and depicted from the waist down, grind small animals to death. However, the language of 18 U.S.C. §48 extended to dog-fighting as well. Stevens challenged the law …

Federal Judicial Selection And The Senate's Blue Slip "Tradition.", Tuan Samahon

Tuan Samahon

No abstract provided.

The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross

Bertrall L Ross

No abstract provided.

Is The Anti-Muhammad Film Constitutionally Unprotected 'Fighting Words'?, Kent Greenfield

Kent Greenfield

No abstract provided.

What's Wrong With Us Political System?, Alan E. Garfield

Alan E Garfield

No abstract provided.