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Full-Text Articles in Law

Searching For Cliven Bundy: The Constitution And Public Lands, Ian Bartrum Feb 2018

Searching For Cliven Bundy: The Constitution And Public Lands, Ian Bartrum

Nevada Law Journal Forum

On April 5th, 2014, BLM temporarily closed over 500,000 acres of public land in Clark and Lincoln Counties in order to impound cattle grazing there in violation of a federal district court order. These cattle belonged, principally, to Cliven Bundy and his family—ranchers from Bunkerville, Nevada—who had stopped paying BLM permitting fees in the early 1990s. In anticipation of the roundup, the Bundys put out a distress call to militia-like groups around the country, and seven days later, an armed crowd confronted federal and state officers in the desert near Gold Butte. Another week later, federal authorities ...


“Frankly Unthinkable”: The Constitutional Failings Of President Trump’S Proposed Muslim Registry, A. Reid Monroe-Sheridan Feb 2018

“Frankly Unthinkable”: The Constitutional Failings Of President Trump’S Proposed Muslim Registry, A. Reid Monroe-Sheridan

Maine Law Review

On several occasions during the 2016 presidential campaign, Donald Trump endorsed the creation of a mandatory government registry for Muslims in the United States— not just visitors from abroad, but American citizens as well. This astonishing proposal has received little attention in legal scholarship to date, even though Trump has refused to renounce the idea following his election to the presidency. In this Article, I attempt to address President Trump’ s proposal in several ways. First, I aim to provide a thorough analysis demonstrating unequivocally that such a “ Muslim registry,” with the characteristics President Trump has endorsed, would violate the ...


Gerrymandering And Conceit: The Supreme Court's Conflict With Itself, Mckay Cunningham Jan 2018

Gerrymandering And Conceit: The Supreme Court's Conflict With Itself, Mckay Cunningham

McKay Cunningham

In November 2016, a federal court struck as unconstitutional Wisconsin’s redistricting map under both the First Amendment and the Equal Protection Clause. The court’s decision in Whitford v. Gill marks the first time a federal court invalidated a redistricting map as unconstitutional for partisan gerrymandering in over thirty years. Wisconsin has appealed the decision to the United States Supreme Court, which recently granted review. The Supreme Court has long held that extreme partisan gerrymandering violates equal protection but has simultaneously refused to determine the merits of gerrymandering disputes, instead labeling them as non-justiciable political questions. In particular, the ...


Gerrymandering And Conceit: The Supreme Court's Conflict With Itself, Mckay Cunningham Jan 2018

Gerrymandering And Conceit: The Supreme Court's Conflict With Itself, Mckay Cunningham

Faculty Scholarship

In November 2016, a federal court struck as unconstitutional Wisconsin’s redistricting map under both the First Amendment and the Equal Protection Clause. The court’s decision in Whitford v. Gill marks the first time a federal court invalidated a redistricting map as unconstitutional for partisan gerrymandering in over thirty years. Wisconsin has appealed the decision to the United States Supreme Court, which recently granted review. The Supreme Court has long held that extreme partisan gerrymandering violates equal protection but has simultaneously refused to determine the merits of gerrymandering disputes, instead labeling them as non-justiciable political questions. In particular, the ...


Law Library Blog (January 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2018

Law Library Blog (January 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy Dec 2017

Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy

The Downtown Review

Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the ...


A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo Dec 2017

A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo

Laurent Mayali

This article conducts a comparative analysis of U.S. and European counter-terrorism law and policy. Recent attacks vy ISIS in the U.S., France, and Germany have revealed important differences between American and European approaches. Before September 11, 2001, the United States responded to terrorism primarily with existing law enforcement authorities, though in isolated cases it pursued military measures abroad. In this respect, it lagged behind the approach of European nations, which had confronted internal terrorism inspired vy leftwing ideology or separatist goals. But after the 9-11 attacks, the United States adopted a preventive posture that aimed to pre-empt terrorist ...


A Constitutional Critique On The Criminalization Of Panhandling In Washington State, Drew Sena Oct 2017

A Constitutional Critique On The Criminalization Of Panhandling In Washington State, Drew Sena

Seattle University Law Review

Individuals who have lost everything—their homes, jobs, and dignity—are often forced to live on the street. Those with no reasonable alternative can find themselves relying on the generosity of others just to survive. In response, citizens petition, legislatures enact, and officers enforce laws that criminalize signs of visible poverty. Municipalities have made considerable attempts to remove visible poverty from their cities by drafting legislation that disproportionately punishes people experiencing homelessness. This Note focuses on a particular subset of such legislation, laws that criminalize panhandling. Section I of this Note provides an overview of the First Amendment and the ...


Report And Recommendations Concerning Environmental Aspects Of The New York State Constitution, New York State Bar Association Environmental And Energy Law Section Oct 2017

Report And Recommendations Concerning Environmental Aspects Of The New York State Constitution, New York State Bar Association Environmental And Energy Law Section

Pace Law Review

The purpose of the Report is to inform and enrich understanding of environmental issues which may be considered at a Constitutional Convention (should one occur) or with respect to proposals to amend the Constitution through the legislative process.


Updating New York’S Constitutional Environmental Rights, Nicholas A. Robinson Oct 2017

Updating New York’S Constitutional Environmental Rights, Nicholas A. Robinson

Pace Law Review

The stakes are high as New York State considers whether to amend the constitution. The electorate contemplates the gathering crises of sea level rise, disruption of weather patterns, intensified summer heat waves, and other climate change impacts. New York also faces escalating environmental problems, which the newly perceived climate impacts in turn exacerbate. It is timely to debate whether or not New York should recognize the right to the environment to its constitution. In 2016, the House of Delegates of the New York State Bar Association adopted the report of its committee on the constitution, regarding the environmental conservation article ...


Subnational Environmental Constitutionalism And Reform In New York State, James R. May Oct 2017

Subnational Environmental Constitutionalism And Reform In New York State, James R. May

Pace Law Review

The State of New York’s constitution was perhaps the first in the world to embody environmental constitutionalism, most directly in what is known as its “Forever Wild” mandate from 1894. In contrast to many subnational environmental provisions, courts in New York have regularly enforced Forever Wild. New York’s Constitution also contains a remarkable mandate that every twenty years voters decide whether to hold elections for delegates to convene a convention to amend the state’s constitution, with the next such opportunity on November 7, 2017. This article explores how subnational constitutionalism from around the world informs discussions about ...


Home Rule In New York: The Need For A Change, Michael A. Cardozo, Zachary W. Klinger Oct 2017

Home Rule In New York: The Need For A Change, Michael A. Cardozo, Zachary W. Klinger

Pace Law Review

This article is intended to provide a practical lens into how Home Rule issues unfold in complex matters involving the City, and to suggest how a much-needed Home Rule constitutional amendment could re-shape or, at the very least, clarify Home Rule standards. Section II will provide some historical and legal background on Home Rule; Section III will analyze some of the more well-known Home Rule cases that the Law Department litigated during the Bloomberg Administration; and Section IV will discuss insights gleaned with respect to, and will offer several recommendations for, the future of Home Rule in New York.


The Constitutional Convention And Court Merger In New York State, Jay C. Carlisle, Matthew J. Shock Oct 2017

The Constitutional Convention And Court Merger In New York State, Jay C. Carlisle, Matthew J. Shock

Pace Law Review

In November 2017, voters in New York, for the first time in twenty years, will be asked to decide whether there “[s]hall be a convention to revise the constitution and amend the same?” If it is decided by the electorate to call a convention, “delegates will be elected in November 2018, and the convention will convene in April 2019.” One of the significant goals of a convention would be the achievement of court merger in the Empire State. The purpose of this perspective is to discuss the pros and cons of a constitutional convention with an emphasis on court ...


The Road To A Constitutional Convention: Reforming The New York State Unified Court System And Expanding Access To Civil Justice, Jonathan Lippman Oct 2017

The Road To A Constitutional Convention: Reforming The New York State Unified Court System And Expanding Access To Civil Justice, Jonathan Lippman

Pace Law Review

This article will focus on the judiciary reforms and access to justice—starting with reforms to the structure of the Unified Court System and discussing other ways that a constitutional convention might serve to improve the operation of the courts. The article will then explore the state’s deficiency in providing its low-income citizens access to justice in civil matters relating to housing, family safety and security, and subsistence income, and how a convention can highlight these issues.


Constitutionalizing Ethics, Bennett L. Gershman Oct 2017

Constitutionalizing Ethics, Bennett L. Gershman

Pace Law Review

The purpose of this essay is not to weigh in the wisdom or utility in revising New York’s Constitution. However, in my opinion, one of the most compelling reasons to amend New York’s Constitution is the need to incorporate into the fundamental charter a meaningful code of ethics, including procedures for its enforcement, and sanctions for violations. New York over the past fifteen years has experienced more scandals, criminal prosecutions, and convictions of lawmakers and other government officials for corruption than any state in the nation. It is certainly arguable that the extent of New York’s corruption ...


Unusual “Politics As Usual”: The 2017 Ballot Proposition Calling For A Constitutional Convention In New York, Peter J. Galie Oct 2017

Unusual “Politics As Usual”: The 2017 Ballot Proposition Calling For A Constitutional Convention In New York, Peter J. Galie

Pace Law Review

The first task of constitutional reformers is to make the people of the state aware that they live under a constitution that, for better or worse, affects their everyday lives whether they live on in remotes sections of the Adirondacks routes in villages or a teeming megalopolis. Until this is done, the people are not likely to demand or even accept the more thoroughgoing revision so badly needed in New York.


The Amending Clause In The New York Constitution And Conventionphobia, Gerald Benjamin Oct 2017

The Amending Clause In The New York Constitution And Conventionphobia, Gerald Benjamin

Pace Law Review

The amending clause is the nineteenth of the New York State Constitution’s twenty articles. Followed only by the enacting clause, for all intents and purposes this is the document’s final word. Well, maybe not the final word. An alternative is to think of this amending clause as a part of an ongoing several-centuries-long conversation. The clause is a message from one past group of designers and drafters of New York’s governing system, the 1846 Constitutional Convention majority, to all of us who gave them the charge to “secure [for us] the blessings of freedom,” that is to ...


Hope Vs. Fear: The Debate Over A State Constitutional Convention, Henry M. Greenberg Oct 2017

Hope Vs. Fear: The Debate Over A State Constitutional Convention, Henry M. Greenberg

Pace Law Review

On November 7, 2017, New Yorkers will go to their polling places and receive ballots containing a thirteen-word referendum question: “Shall there be a convention to revise the constitution and amend the same?” That question appears on the ballot because the New York State Constitution commands that at least once every twenty years voters are asked whether or not to call a constitutional convention. The mandatory referendum reflects Thomas Jefferson’s belief that every generation the people should be given a chance to revise their basic law.


The Indian Removal Act: Jackson, Sovereignty And Executive Will, Daniele Celano Sep 2017

The Indian Removal Act: Jackson, Sovereignty And Executive Will, Daniele Celano

The Purdue Historian

From King Andrew I to Old Hickory, Andrew Jackson had no shortage of nicknames symbolic of the opposing opinions of the president responsible for the forced removal of all Native peoples from the American South. While on its face the Indian Removal Act of 1830 appears to be little more than a racist executive order purporting large-scale land theft, the Act was also a manifestation of executive power and competing constitutional interpretations of sovereignty. In using his presidential authority to demand Indian removal, Jackson not only restructured national Indian policy, but further challenged both the power balance between state and ...


What Is Meant By Freedom?, Paul D. Callister Sep 2017

What Is Meant By Freedom?, Paul D. Callister

Pace Law Review

In 1955, in a neglected article in the Harvard Law Review entitled Freedom—A Suggested Analysis, Lon L. Fuller provided a framework for the basic definition of freedom. More importantly, he tendered a question about the conditions of a free society: “How can the freedom of human beings be affected or advanced by social arrangements, that is, by laws, customs, institutions, or other forms of social order that can be changed or preserved by purposive human actions?” This is the critical question this Article addresses through constructing a comprehensive definition by first, considering etymology and then establishing the various modalities ...


Robocop Is Almost Here, Stewart L. Harris Jul 2017

Robocop Is Almost Here, Stewart L. Harris

Stewart L. Harris

No abstract provided.


Miranda’S Near Death Experience: Reflections On The Occasion Of Miranda’S Fiftieth Anniversary, Eugene R. Milhizer Jun 2017

Miranda’S Near Death Experience: Reflections On The Occasion Of Miranda’S Fiftieth Anniversary, Eugene R. Milhizer

Catholic University Law Review

Miranda v. Arizona is widely regarded as one of the most controversial Supreme Court decisions in U.S. history. Shortly after the case was decided, Gallop Polls indicated that 63% of the public felt the Supreme Court was too soft on criminals. But despite its controversy, Miranda has become so widely accepted in popular culture that most people cannot imagine a criminal justice system without it. This wide spread acceptance, however, is more of a recent phenomenon in the landmark case’s history.

This article discusses Miranda’s tumultuous past; its harsh criticism from the legal community, academics, and the ...


Brief Of The National Association For Public Defense As Amici Curiae Supporting Petitioner, Byrd V. U.S. (U.S. June 12, 2017) (No. 16- 1371)., Janet Moore Jun 2017

Brief Of The National Association For Public Defense As Amici Curiae Supporting Petitioner, Byrd V. U.S. (U.S. June 12, 2017) (No. 16- 1371)., Janet Moore

Faculty Articles and Other Publications

More than two centuries after it was ratified, the Fourth Amendment continues to protect the “right of the people to be secure” from “unreasonable searches.” U.S. Const. amend. IV. Modern technological advances and social developments do not render our rights “any less worthy of the protection for which the Founders fought.” Riley v. California, 134 S. Ct. 2473, 2494–95 (2014). This Court plays an essential role in ensuring that the Fourth Amendment retains its vitality as an indispensable safeguard of liberty, even as Americans dramatically change the ways they organize their everyday affairs. This case calls for the ...


Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky Jun 2017

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Rwu First Amendment Blog: Andrew Horwitz's Blog: First Amendment Protects The Right To Give And To Receive 05-23-2017, Andrew Horwitz May 2017

Rwu First Amendment Blog: Andrew Horwitz's Blog: First Amendment Protects The Right To Give And To Receive 05-23-2017, Andrew Horwitz

Law School Blogs

No abstract provided.


A Comprehensive Analysis Of Roe V. Wade And Its Legality In Respect To Scientific And Christian Perspectives, Gabriella Morillo Apr 2017

A Comprehensive Analysis Of Roe V. Wade And Its Legality In Respect To Scientific And Christian Perspectives, Gabriella Morillo

Selected Honors Theses

This thesis is about the Supreme Court case Roe v. Wade and how the Court in Roe ruled a child as a “potential to life.” The Fifth and Fourteenth Amendments show that there is an expectation of privacy in regards to a woman and her doctor but it is questionable as to whether or not the expectation of privacy can cover the fetus in the womb. The question raised next is whether or not the woman has complete rights to the fetus and whether or not she can decide if the fetus has a right to live or not. Coming ...


The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis Apr 2017

The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis

Seton Hall Circuit Review

No abstract provided.


Legality Of Yogi Adityanath's Appointment As Chief Minister — Quartz.Pdf, Shubhankar Dam Apr 2017

Legality Of Yogi Adityanath's Appointment As Chief Minister — Quartz.Pdf, Shubhankar Dam

Shubhankar Dam

Yogi Adityanath, previously Ajay Kumar Bisht, is a rainbow of uneven, often ugly, hues. He is a mathematics diplomate, ordained monk, Hindutva icon, venomous orator, veteran parliamentarian, and criminally accused. On March 19, 2017, he donned a new shade: chief minister of UP.
Adityanath, clearly, is many things. Is he a trespasser, too?
His uncouth anointment provoked a tempest of rebukes. The commentariat in India and beyond savagely flailed the move: assault of the Bharatiya Janata Party’s (BJP) “fringe”; “hubris” of the ruling party; an ode to “Hindu supremacy”; a “defiant assertion” of Hindu nationalism; an “embrace of Hindu ...


Motion For Leave To File Amicus Curiae Brief And Brief For The National Association For Public Defense And Kentucky Association Of Criminal Defense Lawyers As Amici Curiae In Support Of Petitioner, Sneed V. Burress (U.S. March 24, 2017) (No. 16-8047)., Janet Moore Mar 2017

Motion For Leave To File Amicus Curiae Brief And Brief For The National Association For Public Defense And Kentucky Association Of Criminal Defense Lawyers As Amici Curiae In Support Of Petitioner, Sneed V. Burress (U.S. March 24, 2017) (No. 16-8047)., Janet Moore

Faculty Articles and Other Publications

No abstract provided.


Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson Mar 2017

Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson

VA Engage Journal

The immigration legal system exists as a function of the executive branch rather than the judicial branch, and many of the constitutional rights guaranteed in a judicial court do not continue into the immigration legal sphere. Noncitizen defendants in the immigration court system are not guaranteed the same due process rights or right to appointed counsel as United States citizens, which severely limits their chance of a successful outcome. Moreover, while many noncitizens await their trials in these courts, they are often placed in one of the 234 immigration detention facilities across the nation, which further exacerbates the direness of ...