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Articles 1 - 17 of 17
Full-Text Articles in Law
What’S In A Name? Strict Scrutiny And The Right To A Public Trial, Stephen Smith
What’S In A Name? Strict Scrutiny And The Right To A Public Trial, Stephen Smith
Faculty Publications
The right to a public trial has only rarely been addressed by the Supreme Court, but in Waller v. Georgia, the Court set forth a test for determining when it is appropriate to close a courtroom to the public, despite the general public trial command. The language of the Waller test suggests great rigor. This essay proposes a reconsideration of the test for courtroom closures, rethinking whether traditional strict scrutiny thinking is appropriate in this constitutional and practical context. That said, this essay does not argue with Waller’s broad outlines. Courts making closure decisions should consider reasons and …
Immigration Federalism: A Reappraisal, Pratheepan Gulasekaram, Karthick Ramakrishnan
Immigration Federalism: A Reappraisal, Pratheepan Gulasekaram, Karthick Ramakrishnan
Faculty Publications
This Article identifies how the current spate of state and local regulation is changing the way elected officials, scholars, courts, and the public think about the constitutional dimensions of immigration law and governmental responsibility for immigration enforcement. Reinvigorating the theoretical possibilities left open by the Supreme Court in its 1875 Chy Lung v. Freeman decision, state and local offi- cials characterize their laws as unavoidable responses to the policy problems they face when they are squeezed between the challenges of unauthorized migration and the federal government’s failure to fix a broken system. In the October 2012 term, in Arizona v. …
Apprendi Land Becomes Bizarro World: Policy Nullification And Other Surreal Doctrines In The New Constitutional Law Of Sentencing, Benjamin J. Priester
Apprendi Land Becomes Bizarro World: Policy Nullification And Other Surreal Doctrines In The New Constitutional Law Of Sentencing, Benjamin J. Priester
Santa Clara Law Review
No abstract provided.
Heller As Hubris, And How Mcdonald V. City Of Chicago May Well Change The Constitutional World As We Know It, William G. Merkel
Heller As Hubris, And How Mcdonald V. City Of Chicago May Well Change The Constitutional World As We Know It, William G. Merkel
Santa Clara Law Review
No abstract provided.
State Court Standards Of Review For The Right To Keep And Bear Arms, David B. Kopel, Clayton Cramer
State Court Standards Of Review For The Right To Keep And Bear Arms, David B. Kopel, Clayton Cramer
Santa Clara Law Review
No abstract provided.
False Consciousness And Presidential War Power: Examining The Shadowy Bends Of Constitutional Curvature, Saby Ghoshray
False Consciousness And Presidential War Power: Examining The Shadowy Bends Of Constitutional Curvature, Saby Ghoshray
Santa Clara Law Review
No abstract provided.
The Courts, Natural Rights, And Religious Claims As Knowledge, Francis J. Beckwith
The Courts, Natural Rights, And Religious Claims As Knowledge, Francis J. Beckwith
Santa Clara Law Review
No abstract provided.
Expansion Of Family Rights While Searching For The Meaning Of Life, Individuality, And Self, Saby Ghoshray
Expansion Of Family Rights While Searching For The Meaning Of Life, Individuality, And Self, Saby Ghoshray
Santa Clara Law Review
No abstract provided.
Innocent Of A Capital Crime: Parallels Between Innocence Of A Crime And Innocence Of The Death Penalty, Ellen Kreitzberg, Linda Carter
Innocent Of A Capital Crime: Parallels Between Innocence Of A Crime And Innocence Of The Death Penalty, Ellen Kreitzberg, Linda Carter
Faculty Publications
This analysis begins with an examination of the Court's Eighth Amendment jurisprudence and how this impacts the procedures that are required in a capital trial. Then we will present a brief review of habeas corpus law and the barriers that have been imposed to restrict federal court review of claims. We will explain how AEDPA modified the ability of a petitioner to get evidentiary hearings and imposed restrictions on the filling of second or successive petitions. Then, we will look at circumstances in which claims of innocence may be raised in a petition for habeas corpus. Finally, we will compare …
Law, Politics, And The Appointments Process, Bradley W. Joondeph
Law, Politics, And The Appointments Process, Bradley W. Joondeph
Faculty Publications
In recent years, many commentators have called for the "depoliticization" of the judicial appointments process, arguing that politics and ideology have wrongly displaced objective merit in the selection of federal judges. In their book, Advice and Consent: The Politics of Judicial Appointments, Lee Epstein and Jeffrey Segal demonstrate why such prescriptions are misguided. Epstein and Segal are political scientists, not law professors, and thus have no normative stake in protecting constitutional law from politics, the preoccupation of many constitutional theorists. Instead, their aim is purely positive: to explain how the appointments process has actually functioned over the course of the …
Opening Remarks, Roger J. Marzulla
Trumps, Inversions, Balancing, Presumptions, Institution Prompting And Interpretive Canons: New Ways For Adjudicating Conflicts Between Legal Norms, Carlos E. Gonzalez
Trumps, Inversions, Balancing, Presumptions, Institution Prompting And Interpretive Canons: New Ways For Adjudicating Conflicts Between Legal Norms, Carlos E. Gonzalez
Santa Clara Law Review
No abstract provided.
International Law Before The Supreme Court: A Mixed Record Of Recognition, Jordan J. Paust
International Law Before The Supreme Court: A Mixed Record Of Recognition, Jordan J. Paust
Santa Clara Law Review
No abstract provided.
Structural Conflicts In The Interpretation Of Customary International Law, Julian G. Ku
Structural Conflicts In The Interpretation Of Customary International Law, Julian G. Ku
Santa Clara Law Review
No abstract provided.
Rethinking The Role Of The Dormant Commerce Clause In State Tax Jurisdiction, Bradley W. Joondeph
Rethinking The Role Of The Dormant Commerce Clause In State Tax Jurisdiction, Bradley W. Joondeph
Faculty Publications
Perhaps the biggest controversy in state and local taxation today concerns the constitutional authority of the states to impose taxes on goods purchased over the Internet. Some argue that the current, bright-line rule of "physical presence" is the appropriate standard for determining a state's jurisdiction under the dormant Commerce Clause. Others contend that jurisdiction should instead be resolved on the more pragmatic basis of a firm's "economic presence" in the taxing state. Regardless, commentators seem to agree that the dormant Commerce Clause imposes jurisdictional limits on state taxation; the dispute concerns the content of those standards. This article contends that …
They The People: A Third-Party Beneficiary Approach To Constitutional Interpretation, Eric Parnes
They The People: A Third-Party Beneficiary Approach To Constitutional Interpretation, Eric Parnes
Santa Clara Law Review
No abstract provided.
Annual Federal Deficit Spending: Sending The Judiciary To The Rescue, Ondrea D. Riley
Annual Federal Deficit Spending: Sending The Judiciary To The Rescue, Ondrea D. Riley
Santa Clara Law Review
No abstract provided.