Social and Behavioral Sciences Commons^™

Why I So Enjoyed Learning With And From Calvin Massey, Vikram David Amar

The University of New Hampshire Law Review

[Excerpt] “I am pleased and proud to participate in this tribute to Calvin Massey, with whom I had the pleasure to work and play for about two decades. When I think of Calvin—and I think of him often—I think of a generous friend, a gregarious colleague and a genuinely good man. He possessed many admirable traits, but today I want to focus on three: (1) his breadth; (2) his independent mind; and (3) his thoughtfulness.”

The Divergence Of Modern Jurisprudence From The Original Intent For Federalist And Tenth Amendment Limitations On The Treaty Power, Steven T. Voigt

The University of New Hampshire Law Review

[Excerpt] “That the federal treaty-making authority is constrained by the other parts of the Constitution does not sound like the stuff of law journals. It seems like common sense. After all, we would not expect someone to argue that the ability to “regulate Commerce” entitles Congress to disregard the Third Amendment and quarter soldiers in our houses. We would not expect to see an argument that the power to “establish Post Offices” enables Congress to disregard the freedom of the press in the First Amendment. So, why is the Tenth Amendment so fully disregarded with respect to treaties?”

A Machine Made Of Words: Our Incompletely Theorized Constitution, Gregory Brazeal

The University of New Hampshire Law Review

[Excerpt]”Many scholars have observed that the Constitution of the United States can be understood as an example of what Cass Sunstein calls an “incompletely theorized agreement.” The Constitution contains a number of extremely general terms, such as “liberty,” “necessary and proper,” and “due process.” The Framers of the Constitution, it is suggested, did not attempt to specify precisely how each of these principles would operate in every case. On this view, the Constitution is incompletely theorized in the sense of representing “a comfortable and even emphatic agreement on a general principle, accompanied by sharp disagreement about particular cases.” For example, …

Completely Unguided Discretion: Admitting Non-Statutory Aggravating And Non-Statutory Mitigating Evidence In Capital Sentencing Trials, Sharon Turlington

The University of New Hampshire Law Review

[Excerpt] “As an attorney practicing exclusively in the area of death penalty defense at the trial level for the last ten years, my perspective on the problems inherent in the system seems vastly different from that presented in academic research and even in case law. While most of the recent changes in death penalty law have focused on the right of the defendant to have sentencing enhancing elements of an offense proven to a jury beyond a reasonable doubt, much of the evidence presented in an actual death penalty jury trial is non-statutory aggravation and non-statutory mitigation. Generally, non-statutory aggravating …

Death Is Unconstitutional: How Capital Punishment Became Illegal In America—A Future History, Jur. Eric Engle Ph.D.

The University of New Hampshire Law Review

[Excerpt] “A constitution is an organic fact of every state: it is a part of the being of the state. People, like the state, also have a constitution—a character. Just as people change over time, so do states. But just as there are natural limits on what people can or cannot become, so there are natural limits on what the state can and cannot fairly do. No man, nor any group of men, ex ante may justly take the life of another person, though perhaps their killing may be excused (or forgiven) ex post.”

"The death of Death would surely …

Human Zoning: The Constitutionality Of Sex-Offender Residency Restrictions As Applied To Post-Conviction Offenders, Ryan Hawkins

The University of New Hampshire Law Review

[H]igh recidivism rates shows that the threat of jail time alone is not sufficient to curb sex crimes. With this in mind, legislators sought to find other ways that would protect potential victims. Community notification laws were the first policy to be implemented. Community notification methods included press releases, flyers, phone calls, door-to-door contact, neighborhood meetings, and Internet sites, which informed citizens of the name, location, and/or other information of persons who had been convicted of sex crimes.

Part II of this note will describe current sex-offender restrictions in place across the country. Part III will provide a constitutional analysis …

States’ Rights And The Scope Of The Treaty Power: Could The Patriot Act Be Constitutional As A Treaty?, Simcha Herzog

The University of New Hampshire Law Review

[Excerpt] “Consider the following hypothetical scenario: after an appeal by the American Civil Liberties Union, the Supreme Court determines that the Patriot Act is unconstitutional. This decision so infuriates President Bush that he seeks out the advice of his legal counsel in a frantic attempt to bypass the Court’s ruling. After some research, President Bush’s legal advisers give him two options: he can either attempt to pass an amendment to the constitution or, with the “advice and consent of the Senate,” he can sign the Patriot Act as a treaty with a foreign nation. Either of these measures will evade …