Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (24)
- The University of Akron (24)
- SelectedWorks (11)
- University of Pennsylvania Carey Law School (7)
- Georgetown University Law Center (5)
-
- University of Georgia School of Law (4)
- University of Pittsburgh School of Law (4)
- Duke Law (3)
- The Catholic University of America, Columbus School of Law (3)
- American University Washington College of Law (2)
- Barry University School of Law (2)
- Schulich School of Law, Dalhousie University (2)
- University of Michigan Law School (2)
- Brooklyn Law School (1)
- Chapman University (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Marquette University Law School (1)
- Maurer School of Law: Indiana University (1)
- Notre Dame Law School (1)
- Seattle University School of Law (1)
- St. Mary's University (1)
- University of Baltimore Law (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Massachusetts School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of South Carolina (1)
- West Virginia University (1)
- Keyword
-
- Jurisprudence (24)
- Constitutional Law (20)
- Constitutional law (15)
- First Amendment (10)
- Law and Society (10)
-
- Civil Rights and Discrimination (9)
- Fourteenth Amendment (9)
- Judges (8)
- Public Law and Legal Theory (8)
- Constitution (7)
- Courts (7)
- Equal protection (7)
- Politics (6)
- Same-sex marriage (6)
- Supreme Court (6)
- Constitutional theory (5)
- Eighth Amendment (5)
- Federalism (5)
- Originalism (5)
- Religion (5)
- Fourteenth amendment (4)
- Human Rights Law (4)
- Legal History (4)
- United States Supreme Court (4)
- Constitutional (3)
- Constitutionalism (3)
- Criminal law (3)
- Due process (3)
- Establishment Clause (3)
- Fourth Amendment (3)
- Publication
-
- Akron Law Review (24)
- All Faculty Scholarship (8)
- Faculty Scholarship (7)
- Adam Lamparello (5)
- Georgetown Law Faculty Publications and Other Works (5)
-
- Michael C. Dorf (5)
- Articles (4)
- Georgia Journal of International & Comparative Law (4)
- Articles in Law Reviews & Other Academic Journals (2)
- Catholic University Law Review (2)
- Robert M. Sanger (2)
- Samuel R. Olken (2)
- Steven D. Schwinn (2)
- Steven H. Shiffrin (2)
- Articles, Book Chapters, & Popular Press (1)
- Barry Law Review (1)
- Book Chapters (1)
- Cecil J. Hunt II (1)
- Charles E. A. Lincoln IV (1)
- David Barnhizer (1)
- Evelyn Aswad (1)
- Faculty Articles (1)
- Frederick H. Zemans (1)
- Indiana Law Journal (1)
- Jamie Cameron (1)
- Jarrod Tudor (1)
- John T. Valauri (1)
- Juan Luis Hernández Macías (1)
- Lawrence B. Solum (1)
- Markus Gunneflo (1)
- Publication Type
- File Type
Articles 31 - 60 of 109
Full-Text Articles in Jurisprudence
Evidentiary Use Of Prior Acquittals: When Analysis Exceeds Reality, Paul Harper
Evidentiary Use Of Prior Acquittals: When Analysis Exceeds Reality, Paul Harper
Akron Law Review
The purpose of this note is to assess the basis and propriety of that decision and to highlight some potential problems with the Court's conclusion. Additionally, this casenote will attempt to envision how this holding may affect future prosecutions.
Finally it will offer an alternative model which may more adequately address the tension between the government's legitimate prosecutorial interests and the defendant's interest in finality of judgment.
Holland V. Illinois: Sixth Amendment Fair Cross-Section Requirement Does Not Preclude Racially-Based Peremptory Challenges, Debra L. Dippel
Holland V. Illinois: Sixth Amendment Fair Cross-Section Requirement Does Not Preclude Racially-Based Peremptory Challenges, Debra L. Dippel
Akron Law Review
This note recaps the Supreme Court's previous decisions regarding defendant's objections to jury composition, including both equal protection and fair cross-section requirement analyses. It also discusses Holland, examines the various opinions in the case, and reviews the arguments for and against abolishing peremptory challenges. Finally, the note proposes a solution for the questions which Holland leaves unanswered.
Idaho V. Wright: Who Can Speak For The Children Now?, Laura Barker
Idaho V. Wright: Who Can Speak For The Children Now?, Laura Barker
Akron Law Review
This note discusses how the Court reached the decision in Idaho v. Wright to exclude the hearsay testimony of a child abuse victim. The note examines the Court's reasoning and the effects which the exclusion of hearsay testimony of child abuse victims may have on future prosecutions. The note concludes that the Court's decision is likely to add chaos into the already difficult and complex arena of child abuse prosecution.
Congressional Power To Grant Federal Courts Jurisdiction Over States: The Impact Of Pennsylvania V. Union Gas, Donald L. Boren
Congressional Power To Grant Federal Courts Jurisdiction Over States: The Impact Of Pennsylvania V. Union Gas, Donald L. Boren
Akron Law Review
Union Gas left many questions unanswered. Suing a state in federal court still remains what one federal judge described as "a wonderland of judicially created and perpetuated fiction and paradox."
The purpose of this article is to examine the impact of Union Gas on states sued in federal court. Part one presents an overview of eleventh amendment jurisprudence. Part two analyzes congressional power to create a cause of action against the states for monetary damages in federal court and examines the impact of Union Gas on the standard for finding congressional intent to abolish states' immunity.
Nonpayment Of Taxes: When Ignorance Of The Law Is An Excuse, Jon Strauss
Nonpayment Of Taxes: When Ignorance Of The Law Is An Excuse, Jon Strauss
Akron Law Review
"Ignorance of the law is no excuse" is a well-known saying regarding criminal law. Yet the 1991 Supreme Court decision of Cheek v. United States held that a defendant's ignorance of the federal tax laws is an excuse to the crime of nonpayment of income taxes. This paper reviews the history of the defense of ignorance of the law in tax crimes, discusses the philosophical ramifications of this defense, and examines the extent to which the Supreme Court's allowance of this defense is appropriate.
The Search For The Fourth Amendment Seizure: It Won't Be Found On A Bus - Florida V. Bostick, James Spallino Jr.
The Search For The Fourth Amendment Seizure: It Won't Be Found On A Bus - Florida V. Bostick, James Spallino Jr.
Akron Law Review
The Florida v. Bostick decision raises important Fourth Amendment questions regarding police encounters with citizens.
Part I of this Note discusses the development of the legal standard used for determining when a consensual encounter results in an impermissible seizure. Part II reviews the Bostick decision. Part III analyzes the impact of the Bostick decision. This section argues that: (1) the status of the legal standard to be used in consensual encounter cases is now uncertain as a result of the Court's holding; (2) the Court sent a strong message to individuals and the law enforcement community by refusing to decide …
The Constutionality Of Punitive Damages: Pacific Mutual Life Insurance Company V. Cleopatra Haslip, Thomas P. Mannion
The Constutionality Of Punitive Damages: Pacific Mutual Life Insurance Company V. Cleopatra Haslip, Thomas P. Mannion
Akron Law Review
This Note examines the history of the constitutional challenges to the doctrine of punitive damages. Next, this Note explores the Supreme Court's decision in Haslip. Finally, this Note examines the ramifications of the Haslip decision.
Justice Kennedy's Decision In Obergefell: A Sad Day For The Judiciary, Adam Lamparello
Justice Kennedy's Decision In Obergefell: A Sad Day For The Judiciary, Adam Lamparello
Adam Lamparello
Same-sex couples have a constitutional right to marriage under the Equal Protection Clause, not under Justice Kennedy’s self-serving and ever-changing definition of liberty. The long-term impact of Kennedy’s decision will be to the Court’s institutional legitimacy. Chief Justice Roberts emphasized that the legitimacy of this Court ultimately rests “upon the respect accorded to its judgments,” which is based on the perception—and reality—that we exercise humility and restraint in deciding cases according to the Constitution and law.” Justice Kennedy’s decision eschewed these values, giving the Court the power to discover “new dimensions of freedom,” and to ensure that all citizens, through …
Scott V. Harris And The Future Of Summary Judgment, Tobias Barrington Wolff
Scott V. Harris And The Future Of Summary Judgment, Tobias Barrington Wolff
All Faculty Scholarship
The Supreme Court’s decision in Scott v. Harris has quickly become a staple in many Civil Procedure courses, and small wonder. The cinematic high-speed car chase complete with dash-cam video and the Court’s controversial treatment of that video evidence seem tailor-made for classroom discussion. As is often true with instant classics, however, splashy first impressions can mask a more complex state of affairs. At the heart of Scott v. Harris lies the potential for a radical doctrinal reformation: a shift in the core summary judgment standard undertaken to justify a massive expansion of interlocutory appellate jurisdiction in qualified immunity cases. …
When Do The Ends Justify The Means?: The Role Of The Necessary And Proper Clause In The Commerce Clause Analysis, David Loudon
When Do The Ends Justify The Means?: The Role Of The Necessary And Proper Clause In The Commerce Clause Analysis, David Loudon
University of Massachusetts Law Review
This Article discusses the interplay between the Necessary and Proper Clause and the Commerce Clause, particularly in light of the landmark decision of National Federation of Independent Business v. Sebelius. First, this Article reviews the historical interaction between the two clauses, discussing the instances in which the two may have been considered together, and introducing the Supreme Court jurisprudence of each clause, setting the legal landscape for the NFIB v. Sebelius decision. Next, this Article details the three opinions from the NFIB v. Sebelius decision, Chief Justice Roberts’ holding, the joint concurrence, and Justice Ginsberg’s dissent, specifically as they …
The Challenge And Dilemma Of Charting A Course To Constitutionally Protect The Severely Mentally Ill Capital Defendant From The Death Penalty, Lyn Entzeroth
Akron Law Review
This article examines these issues in the context of an important and emerging constitutional challenge to the death penalty: whether the death penalty can be imposed on capital defendants who suffer from severe mental illness at the time of the commission of their crimes. The American Bar Association, the American Psychiatric Association, the American Psychological Association, and the National Alliance for the Mentally Ill all endorse a death penalty exemption for the severely mentally ill. Recent law review articles suggest that such an exemption may even be compelled by the Supreme Court’s decisions in Roper v. Simmons and Atkins v. …
Finding Nino: Justice Scalia's Confrontation Clause Legacy From Its (Glorious) Beginning To (Bitter) End, Joëlle Anne Moreno Professor
Finding Nino: Justice Scalia's Confrontation Clause Legacy From Its (Glorious) Beginning To (Bitter) End, Joëlle Anne Moreno Professor
Akron Law Review
Until very recently, Justice Scalia has steered the Court’s modern confrontation jurisprudence. However, as discussed below, his leadership is increasingly threatened by deep divisions on questions of historical accuracy, constitutional interpretation, and the practical realities of twenty-first century criminal prosecutions.
The Pluralistic Foundations Of The Religion Clauses, Steven Shiffrin
The Pluralistic Foundations Of The Religion Clauses, Steven Shiffrin
Steven H. Shiffrin
Contemporary Supreme Court interpretations suggest that the religion clauses are primarily rooted in the value of equality. The United States Supreme Court has argued that in the absence of discrimination against religion (or the presence of other constitutional values), there is no violation of the Free Exercise Clause when a statute inadvertently burdens religion. Similarly, equality values have played a strong role in the Court's Establishment Clause jurisprudence. Many distinguished commentators have pointed to the equality focus and have argued that it gives insufficient attention to the value of religious liberty. Professor Shiffrin argues that these commentators are right in …
The Framers' Federalism And The Affordable Care Act, 44 Conn. L. Rev. 1071 (2012), Steven D. Schwinn
The Framers' Federalism And The Affordable Care Act, 44 Conn. L. Rev. 1071 (2012), Steven D. Schwinn
Steven D. Schwinn
Federalism challenges to the Affordable Care Act ("ACA") are inspired by the relatively recent resurgence in federalism concerns in the Supreme Court's jurisprudence. Thus, ACA opponents seek to leverage the Court-created distinction between encouragement and compulsion (in opposition to Medicaid expansion), and the Court-created federalism concern when Congress regulates in a way that could destroy the distinction between what is national and what is local (in opposition to universal coverage). But outside the jurisprudence, the text and history of constitutional federalism tell another story. The text and history suggest that the Constitution created a powerful federal government, of the people …
Foreword: The Impact Of Citizens United, 44 J. Marshall L. Rev. Xxiii (2011), Steven D. Schwinn
Foreword: The Impact Of Citizens United, 44 J. Marshall L. Rev. Xxiii (2011), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken
Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken
Samuel R. Olken
No abstract provided.
Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), Samuel R. Olken
Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), Samuel R. Olken
Samuel R. Olken
No abstract provided.
Judicial Activism’S Effect On Judicial Elections, Nick Fernandes
Judicial Activism’S Effect On Judicial Elections, Nick Fernandes
Student Scholar Symposium Abstracts and Posters
High profile Supreme Court cases have become increasingly commonplace, particularly with the Citizens United court decision granting unprecedented rights to corporations. Many in the media have decried these as examples of increasing “judicial activism”. This trend has trickled down to the state supreme courts as justices have increasingly played a more active role in developing policy. Gay marriage has become legalized in numerous states due to this trend. While public sentiment is unlikely to affect the appointed Supreme Court, it could have a substantial impact on state judicial elections.
This paper will specifically be looking at judicial elections in Kentucky. …
A Fourth Amendment Framework For The Fee Exercise Clause, Adam Lamparello
A Fourth Amendment Framework For The Fee Exercise Clause, Adam Lamparello
Adam Lamparello
This article proposes a paradigm for resolving disputes under the free exercise clause that is analogous to the framework used by the court under the fourth amendment when balancing privacy rights against investigatory powers of law enforcement. In its Fourth Amendment jurisprudence, the Court provides varying degrees of protection to privacy – and imposes different evidentiary requirements on law enforcement – depending on the context in which privacy is affected, the intrusiveness of a particular search, and the asserted governmental interests. For example, privacy receives the strongest protections in areas such as the home, thus requiring law enforcement to have …
The Demise Of Habeas Corpus And The Rise Of Qualified Immunity: The Court's Ever Increasing Limitations On The Development And Enforcement Of Constitutional Rights And Some Particularly Unfortunate Consequences, Stephen R. Reinhardt
Michigan Law Review
The collapse of habeas corpus as a remedy for even the most glaring of constitutional violations ranks among the greater wrongs of our legal era. Once hailed as the Great Writ, and still feted with all the standard rhetorical flourishes, habeas corpus has been transformed over the past two decades from a vital guarantor of liberty into an instrument for ratifying the power of state courts to disregard the protections of the Constitution. Along with so many other judicial tools meant to safeguard the powerless, enforce constitutional rights, and hold the government accountable, habeas has been slowly eroded by a …
Shredded Fish Redux, Robert Sanger
Shredded Fish Redux, Robert Sanger
Robert M. Sanger
The Yates case, in which certiorari had been granted to the United States Court of Appeals for the Eleventh Circuit had been discussed in a previous column of Criminal Justice. The article was entitled “Shredded Fish” because the sea captain in Yates was prosecuted under the document shredding provisions of the Sarbanes-Oxley Act of 2002 for destroying fish. That case has now been decided by the United States Supreme Court in Yates v. United States, on February 25, 2015. The case involves the rule of lenity as well as a discussion of overcriminalization.
The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz
The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz
Georgia Journal of International & Comparative Law
No abstract provided.
"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh Spitzer
"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh Spitzer
Seattle University Law Review
This Article focuses on the tension between the late-nineteenth century “Dillon’s Rule” limiting city powers, and the “home rule” approach that gained traction in the early and mid-twentieth century. Washington’s constitution allows cities to exercise all the police powers possessed by the state government, so long as local regulations do not conflict with general laws. The constitution also vests charter cities with control over their form of government. But all city powers are subject to “general laws” adopted by the legislature. Further, judicial rulings on city powers to provide public services have fluctuated, ranging from decisions citing the “Dillon’s Rule” …
The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe
The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe
Georgia Journal of International & Comparative Law
No abstract provided.
The Roberts Court And Penumbral Federalism, Edward Cantu
The Roberts Court And Penumbral Federalism, Edward Cantu
Catholic University Law Review
For several decades the Court has invoked “state dignity” to animate federalism reasoning in isolated doctrinal contexts. Recent Roberts Court decisions suggest that a focus on state dignity, prestige, status, and similar ethereal concepts—which derive from a “penumbral” reading of the Tenth Amendment—represent the budding of a different doctrinal approach to federalism generally. This article terms this new approach “penumbral federalism,” an approach less concerned with delineating state from federal regulatory turf, and more concerned with maintaining the states as viable competitors for the respect and loyalty of the citizenry.
After fleshing out what “penumbral federalism” is and its …
A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor
Jarrod Tudor
Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU. …
The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson
The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson
All Faculty Scholarship
The Supreme Court’s attempt to create a standard for evaluating whether the Establishment Clause is violated by religious governmental speech, such as the public display of the Ten Commandments or the Pledge of Allegiance, is a total failure. The Court’s Establishment Clause jurisprudence has been termed “convoluted,” “a muddled mess,” and “a polite lie.” Unwilling to either allow all governmental religious speech or ban it entirely, the Court is in need of a coherent standard for distinguishing the permissible from the unconstitutional. Thus far, no Justice has offered such a standard.
A careful reading of the history of the framing …
The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson
The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson
Marquette Law Review
The Supreme Court’s attempt to create a standard for evaluating whether the Establishment Clause is violated by religious governmental speech, such as the public display of the Ten Commandments or the Pledge of Allegiance, is a total failure. The Court’s Establishment Clause jurisprudence has been termed “convoluted,” “a muddled mess,” and “a polite lie.” Unwilling to either allow all governmental religious speech or ban it entirely, the Court is in need of a coherent standard for distinguishing the permissible from the unconstitutional. Thus far, no Justice has offered such a standard.
A careful reading of the history of the framing …
Reflections On Comity In The Law Of American Federalism, Gil Seinfeld
Reflections On Comity In The Law Of American Federalism, Gil Seinfeld
Articles
Comity is a nebulous concept familiar to us from the law of international relations. Roughly speaking, it describes a set of reciprocal norms among nations that call for one state to recognize, and sometimes defer to, the laws, judgments, or interests of another. Comity also features prominently in the law of American federalism, but in that context, it operates within limits that have received almost no attention from scholarly commentators. Specifically, although courts routinely describe duties that run from one state to another, or from the federal government to the states, as exercises in comity, they almost never rely on …