Law Commons^™

Assault On The Constitution: Why The Southern District Of California Got It Right, Robert F. Brawner Ii

Georgia State University Law Review

This Note will examine and analyze the tests applied by federal courts that have heard similar cases, culminating with the recent decision in the Southern District of California, Duncan v. Becerra. In Part I, this Note provides the context surrounding the current bill being considered by Congress and examines Supreme Court and federal circuit court cases addressing this issue. Part II provides analysis of application of the tests applied by the federal courts. Part III argues that the Supreme Court should adopt Judge Benitez’s reasoning laid out in Duncan and apply his test to any Second Amendment challenge to …

Effective But Limited: A Corpus Linguistic Analysis Of The Original Public Meaning Of Executive Power, Eleanor Miller, Heather Obelgoner

Georgia State University Law Review

This paper will engage linguistic and historical analysis in an effort to discern the original public meaning of the phrase executive power as used in Article II of the United States Constitution. In light of significant modern controversy surrounding the proper limits of executive authority, an original meaning interpretation of this critical phrase will illuminate the executive’s function as it was commonly understood at the time of constitutional ratification. Part I will engage in a linguistic analysis of the phrase executive power, drawing primarily on corpus linguistic methodology surrounding the phrase’s Founding Era usage. Part II will analyze the history …

"Questions Involving National Peace And Harmony" Or "Injured Plaintiff Litigation"? The Original Meaning Of "Cases" In Article Iii Of The Constitution, Haoshan Ren, Margaret Wood, Clark D. Cunningham, Noor Abbady, Ute Römer, Heather Kuhn, Jesse Egbert

Georgia State University Law Review

If a federal official is deliberately violating the Constitution, is it possible no federal court has the power to halt that conduct? Federal judges have been answering “yes” for more than a century— dismissing certain kinds of lawsuits alleging unconstitutional conduct by ruling the lawsuits were not “cases” as meant in the phrase “[t]he Judicial Power shall extend to all Cases” in Article III, Section Two, of the Constitution.

For example, in July 2019, the U.S. Court of Appeals for the Fourth Circuit dismissed a lawsuit that the State of Maryland and the District of Columbia brought against President Donald …

"We The Citizens?": A Corpus Linguistic Inquiry Into The Use Of "People" And "Citizens" In The Founding Era, Abigail Stout, Diana Coetzee, Ute Römer

Georgia State University Law Review

The last Amendment included in the Bill of Rights, the Tenth Amendment, states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”1 Employed as a tool to invalidate statutes2 and also interpreted as a “truism,”3 ultimately the Tenth Amendment has largely been regarded as an Amendment which explicitly secures what the Constitution sets forth in its structural framework: that the United States government is a federalist system, meaning that it is one of shared powers between the national government and state …

Using Empirical Data To Investigate The Original Meaning Of "Emolument" In The Constitution., Clark D. Cunningham, Jesse Egbert

Georgia State University Law Review

The United States Constitution prohibits federal officials from receiving any “present, Emolument, Office or Title” from a foreign state without the consent of Congress. In interpreting the Constitution’s text, we are to be guided “by the principle that ‘[t]he Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning.’" However, in trying to determine the “normal” meaning of “emolument” in the Founding Era we are confronted with a term that might as well be a foreign word from an unknown language. The word emolument has …

Panel 4: Criminal Procedure And Affirmative Action

Georgia State University Law Review

Moderator: Lauren Sudeall

Panelists: Dan Epps, Gail Heriot, and Corinna Lain

Panel 6: The Median Justice

Georgia State University Law Review

Moderator: Eric Segall

Panelists: Jonathan Adler, Lee Epstein, and Sasha Volokh

Panel 2: Justice Kennedy's Prose — Style And Substance

Georgia State University Law Review

Moderator: Eric Segall

Panelists: Eric Berger, Michael Dorf, and Jamal Greene

Panel 3: Free Speech And Freedom Of Religion

Georgia State University Law Review

Moderator: Eric Segall

Panelists: Mike Dorf and Eugene Volokh

Panel 5: Federalism And Separation Of Powers

Georgia State University Law Review

Moderator: Eric Segall

Panelists: Stephen Griffin, Neil Kinkopf, and Ilya Somin

2016-2017 Georgia State University Law Review Symposium: Exploring The Right To Die In The U.S., Margaret Pabst Battin

Georgia State University Law Review

This transcript is a reproduction of the Keynote Presentation at the 2016–2017 Georgia State University Law Review Symposium on November 11, 2016. Margaret Battin, is a Distinguished Professor of Philosophy and Adjunct Professor of Internal Medicine at the University of Utah.

Distinctive Factors Affecting The Legal Context Of End-Of-Life Medical Care For Older Persons, Marshall B. Kapp

Georgia State University Law Review

Current legal regulation of medical care for individuals approaching the end of life in the United States is predicated essentially on a factual model emanating from a series of high-profile judicial opinions concerning the rights of adults who become either permanently unconscious or are clearly going to die soon with or without aggressive attempts of curative therapy.

The need for a flexible, adaptable approach to medically treating people approaching the end of their lives, and a similar openness to possible modification of the legal framework within which treatment choices are made and implemented, are particularly important when older individuals are …

A Promise Unfulfilled: Challenges To Georgia’S Death Penalty Statute Post-Furman, William Cody Newsome

Georgia State University Law Review

In Furman v. Georgia, the U.S. Supreme Court agreed with Furman’s counsel. Three Justices agreed that Georgia law, as applied, was arbitrary and potentially discriminatory. Moreover, one Justice challenged the value of the death penalty and doubted it served any of the alleged purposes for which it was employed.

Although many challenges subsequent to Furman have been raised and arguably resolved by the Court, the underlying challenges raised by Furman appear to remain prevalent with the Court. Justice Breyer recently echoed the concurring opinions of Furman in his dissenting opinion from Glossip v. Gross, when he stated: “In …

The Conversational Consent Search: How “Quick Look” And Other Similar Searches Have Eroded Our Constitutional Rights, Alexander A. Mikhalevsky

Georgia State University Law Review

One area in which law enforcement agencies have stretched constitutional limits concerns the scope of a suspect’s consent to search his or her vehicle. Police forces across the country have tested the limits of consent by asking vague, conversational questions to suspects with the goal of obtaining a suspect’s consent to search, even though that individual may not want to allow the search or may not know that he or she has the right to deny consent.

Conversational phrases like “Can I take a quick look?” or “Can I take a quick look around?” have “emerg[ed] as . . . …

Researching Georgia Law (2006 Edition), Nancy P. Johnson, Nancy J. Adams, Elizabeth G. Adelman

Georgia State University Law Review

No abstract provided.