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Articles 1 - 11 of 11

Full-Text Articles in Law

Political Trials In Domestic And International Law, Eric A. Posner Oct 2005

Political Trials In Domestic And International Law, Eric A. Posner

Duke Law Journal

Due process protections and other constitutional restrictions normally ensure that citizens cannot be tried and punished for political dissent, but these same restrictions interfere with criminal convictions of terrorists and others who pose a nonimmediate but real threat to public safety. To counter these threats, governments may use various subterfuges to avoid constitutional protections-often with the complicity of judges-but when they do so, they risk losing the confidence of the public, which may believe that the government targets legitimate political opponents. This Article argues that the amount of process enjoyed by defendants in criminal trials reflects a balancing of two …


Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn Sep 2005

Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn

Washington and Lee Law Review

No abstract provided.


Does Parental Autonomy Require Equal Custody At Divorce?, Margaret F. Brinig Aug 2005

Does Parental Autonomy Require Equal Custody At Divorce?, Margaret F. Brinig

Louisiana Law Review

No abstract provided.


Lost In Translation: The Need For A Formal Court Interpreter Program In Alaska, T. Caroline Briggs-Sykes Jun 2005

Lost In Translation: The Need For A Formal Court Interpreter Program In Alaska, T. Caroline Briggs-Sykes

Alaska Law Review

No abstract provided.


The Political Question Doctrine: Suggested Criteria, Jesse H. Choper Apr 2005

The Political Question Doctrine: Suggested Criteria, Jesse H. Choper

Duke Law Journal

Whether there should be a political question doctrine and, if so, how it should be implemented continue to be contentious and controversial issues, both within and outside the Court. This Article urges that the Justices should reformulate the detailed definition that they have utilized (at least formally) since 1962, and adopt four criteria to be applied in future cases. The least disputed-textual commitment-is the initial factor listed in Baker v. Carr. The other three are based on functional considerations rather than constitutional language or original understanding. The first of these-structural issues: federalism and separation of powers-has been advanced and developed …


Constitutional Challenges, Risk-Based Analysis And Criminal History Databases: More Demands On The U.S. Sentencing Commission, Nora V. Demleitner Feb 2005

Constitutional Challenges, Risk-Based Analysis And Criminal History Databases: More Demands On The U.S. Sentencing Commission, Nora V. Demleitner

Scholarly Articles

Not available.


Revoke First, Ask Questions Later: Challenging Minnesota’S Unconstitutional Pre-Hearing Revocation Scheme, Jeffrey S. Sheridan, Erika Burkhart Booth Jan 2005

Revoke First, Ask Questions Later: Challenging Minnesota’S Unconstitutional Pre-Hearing Revocation Scheme, Jeffrey S. Sheridan, Erika Burkhart Booth

William Mitchell Law Review

This analysis of the constitutionality of Minnesota’s prehearing revocation scheme begins by explaining the mechanics of Minnesota’s implied consent statute. Because the United States Supreme Court has established minimum procedural due process protections that must be afforded drivers, this backdrop is examined. After considering the federal standards for procedural due process, the numerous changes to Minnesota’s implied consent statute will be addressed. Next, the current challenge will be discussed, including the factual basis for the challenge, the arguments for the statute’s unconstitutionality, and the district court’s decision. Finally, this note will conclude that, given the dramatic increase in the private …


Note: Minnesota’S Proposed Same-Sex Marriage Amendment: A Flamingly Unconstitutional Violation Of Full Faith And Credit, Due Process, And Equal Protection, Jolynn M. Schlichting Jan 2005

Note: Minnesota’S Proposed Same-Sex Marriage Amendment: A Flamingly Unconstitutional Violation Of Full Faith And Credit, Due Process, And Equal Protection, Jolynn M. Schlichting

William Mitchell Law Review

This note examines the constitutionality of Minnesota’s proposed marriage amendment. The note begins with a description of the recent national events leading up to the amendment’s proposal, followed by a discussion of the history of marriage in Minnesota, including passage of the Defense of Marriage Act in May 1997. Next, the note examines the language of Minnesota’s proposed marriage amendment and briefly addresses the process of amending state constitutional provisions. It then analyzes the proposed amendment’s constitutionality under the Full Faith and Credit Clause, the Due Process Clause, and the Equal Protection Clause of the United States Constitution. Finally, the …


Dissecting In Re D-J-: The Attorney General, Unchecked Power, And The New National Security Threat Posed By Haitian Asylum Seekers, Judy Amorosa Jan 2005

Dissecting In Re D-J-: The Attorney General, Unchecked Power, And The New National Security Threat Posed By Haitian Asylum Seekers, Judy Amorosa

Cornell International Law Journal

No abstract provided.


Lawrence's Quintessential Millian Moment And Its Impact On The Doctrine Of Unconstitutional Conditions, Paul M. Secunda Jan 2005

Lawrence's Quintessential Millian Moment And Its Impact On The Doctrine Of Unconstitutional Conditions, Paul M. Secunda

Villanova Law Review

No abstract provided.


Foreword: What's So Wicked About Lochner?, Randy E. Barnett Jan 2005

Foreword: What's So Wicked About Lochner?, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In this brief Foreword to a forthcoming symposium on Lochner v. New York, Professor Randy Barnett asks the question, What's So Wicked About Lochner? Modern Progressives cannot complain about its protection of so-called substantive due process, since they favor just that. Nor can they claim that Lochner violates the original meaning of the Fourteenth Amendment, since these legal analysts by and large reject originalism altogether. This leaves only today's judicial conservatives to adhere to a purified Roosevelt New Deal jurisprudence of disdain for Lochner.

The author answers that Lochner is objectionable precisely because its reliance on the Due …