Law Commons^™

Correcting A Fatal Lottery: A Proposal To Apply The Civil Discrimination Standards To The Death Penalty, Joseph Thomas

Joseph Thomas

Claims of discrimination are treated differently in the death penalty context. Discrimination in employment, housing, civil rights and jury venire all use a burden-shifting framework with the preponderance of the evidence as the standard. Discrimination that occurs in death penalty proceedings is the exception to the rule -- the framework offers less protections; there is only one phase of argumentation, with a heightened evidentiary standard of “exceptionally clear proof.” With disparate levels of protections against discrimination, the standard and framework for adjudicating claims of discrimination in the death penalty is unconstitutional.

Death is different as a punishment. But does discrimination …

Correcting A Fatal Lottery: A Proposal To Apply The Civil Discrimination Standards To The Death Penalty, Joseph Thomas

Joseph Thomas

Claims of discrimination are treated differently in the death penalty context. Discrimination in employment, housing, civil rights and jury venire all use a burden-shifting framework with the preponderance of the evidence as the standard. Discrimination that occurs in death penalty proceedings is the exception to the rule -- the framework offers less protections; there is only one phase of argumentation, with a heightened evidentiary standard of “exceptionally clear proof.” With disparate levels of protections against discrimination, the standard and framework for adjudicating claims of discrimination in the death penalty is unconstitutional.

Death is different as a punishment. But does discrimination …

Preemption By Fiat: The Department Of Labor's Usurpation Of Power Over Noncitizen Workers' Right To Unemployment Benefits, Irene Scharf

Irene Scharf

This Article starts with the premise that the right to unemployment insurance benefits is a property right protected by the Fifth and Fourteenth Amendments to the United States Constitution, which apply to noncitizen unemployment applicants as well as to United States citizens. Given this assumption, certain actions being taken by the United States Department of Labor ("DOL") violate both procedural and substantive due process as well as the Administrative Procedure Act ("APA"). The challenged actions involve the DOL's issuance of internally-created missives, termed Unemployment Insurance Program Letters ("Program Letters"), that purport to interpret the meaning of a requirement under federal …

Equilibrium, Adam Lamparello

Adam Lamparello

No abstract provided.

California Garageman's Liens: Procedural Due Process Restored, Len Carafa

Pepperdine Law Review

No abstract provided.

State Recoupment Of The Costs Of Defense Of Indigent Criminal Defendants , Mark M. Horgan

Pepperdine Law Review

No abstract provided.

From Goss To Bishop: The Demise Of The Entitlement Doctrine, Scott H. Racine, Stephen J. Spinello

Pepperdine Law Review

No abstract provided.

Foreign In A Domestic Sense: American Samoa And The Last U.S. Nationals, Sean Morrison

Sean Morrison

Citizenship is part of the foundation of being American. Yet the United States treats some of its own as second class citizens. Deep in the South Pacific, forgotten amidst the vast ocean and coconuts, is a small series of islands that represent the only U.S. jurisdiction below the Equator. American Samoa remains the last American territory that does not recognize its inhabitants as citizens. For more than a century, American Samoans have fought American wars, pledged allegiance to the American flag, and played a significant amount of American football, yet are categorized as U.S. nationals rather than citizens.

Recently, some …

Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood, Aaron Echols

Journal of the National Association of Administrative Law Judiciary

This case note focuses on the development of free speech rights and how those free speech rights co-exist with the rights of administrative bodies to regulate the speech and behavior of members. In particular, this case note examines the tension between the free speech rights of member schools trying to advertise the benefits of attending their school and the regulatory interests of an athletic association seeking to ensure fair athletic competition and academic priority over athletics.

The Sanctity Of The Attorney-Client Relationship – Undermined By The Federal Interpretation Of The Right To Counsel - People V. Borukhova, Tara Laterza

Touro Law Review

No abstract provided.

Why Justice Kennedy's Opinion In Windsor Short-Changed Same-Sex Couples, Adam Lamparello

Adam Lamparello

Supreme Court Justice Anthony Kennedy’s decision in United States v. Windsor—invalidating the Defense of Marriage Act—made the same mistake as his decision in Lawrence v. Texas: it relied upon abstract notions of ‘liberty’ rather than the text-based guarantee of equality. Same-sex couples deserve more. They are entitled to equal treatment under the United States Constitution. Bans on same-sex marriage cannot be supported by a rational state interest, and instead constitute impermissible discrimination under the Fourteenth Amendment’s Equal Protection Clause. By issuing a doctrinally muddled decision that included discussions of federalism, liberty, due process, and equal protection, Justice Kennedy missed an …

Is Economic Protectionism A Legitimate Governmental Interest Under Rational Basis Review?, Roger V. Abbot

Catholic University Law Review

No abstract provided.

Blocking The Ballot: Why Florida’S New Voting Restrictions Demonstrate A Need For Continued Enforcement Of The Voting Rights Act Preclearance Requirement, Michael Ellement

Catholic University Law Review

No abstract provided.