Komisi Pemilihan Umum Republik Indonesia
University of Nevada, Las Vegas -- William S. Boyd School of Law
UC Davis
Transforming Constitutional Doctrine Through Mandatory Appeals From Three-Judge District Courts: The Warren And Burger Courts And Their Contemporary Lessons,
2025
University of Cincinnati College of Law
Transforming Constitutional Doctrine Through Mandatory Appeals From Three-Judge District Courts: The Warren And Burger Courts And Their Contemporary Lessons, Michael E. Solimine
Faculty Articles and Other Publications
Judicial interpretations of the Equal Protection and Due Process Clauses of the Fourteenth Amendment underwent significant change, both expanding and retrenching in various ways, in Supreme Court doctrine during the Warren and Burger Courts. An underappreciated influence on the change is the method by which those cases reached the Court’s docket. A significant number of the cases reached the Court’s docket not by discretionary grants of writs of certiorari, as occurred in most other cases, but by mandatory appeals directly from three-judge district courts. This article makes several contributions regarding the important changes in these doctrines during the Warren Court …
Era Of Confusion: The State Of Patent Eligibility Jurisprudence And The Need For Intervention,
2024
St. Mary's University
Era Of Confusion: The State Of Patent Eligibility Jurisprudence And The Need For Intervention, Alyssa Boggs
St. Mary's Law Journal
No abstract provided.
The Poor Man's Problem In Bankruptcy,
2024
St. Mary's University
The Poor Man's Problem In Bankruptcy, Rylee Stanley
St. Mary's Law Journal
No abstract provided.
From College Campus To Corner Office: The Impact Of Sffa V. Harvard On Voluntary Affirmative Action Programs,
2024
University of Cincinnati College of Law
From College Campus To Corner Office: The Impact Of Sffa V. Harvard On Voluntary Affirmative Action Programs, Ellen Whitehair
University of Cincinnati Law Review
No abstract provided.
A Toothless Tcpa: An Analysis Of Article Iii Standing, Personal Jurisdiction, And The Disjuncture Problem’S Impact On The Efficacy Of The Telephone Consumer Protection Act,
2024
University of Cincinnati College of Law
A Toothless Tcpa: An Analysis Of Article Iii Standing, Personal Jurisdiction, And The Disjuncture Problem’S Impact On The Efficacy Of The Telephone Consumer Protection Act, Sebastian W. Johnson
University of Cincinnati Law Review
No abstract provided.
Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation,
2024
University of Cincinnati College of Law
Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles
University of Cincinnati Law Review
No abstract provided.
Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship,
2024
University of Pittsburgh School of Law
Constitutional Rights And Retrenchment: The Elusive Promise Of Equal Citizenship, Deborah L. Brake
University of Cincinnati Law Review
No abstract provided.
The Vagueness Of The Independent State Legislature Doctrine,
2024
Mitchell Hamline School of Law
The Vagueness Of The Independent State Legislature Doctrine, Jason Marisam
Washington and Lee Law Review Online
The Independent State Legislature (ISL) Theory has been one of the hottest topics in election law, with conservative thinkers championing a strong version of the theory. In Moore v. Harper, the Supreme Court had the opportunity to turn this controversial theory into actual doctrine. The Court, though, declined to adopt a maximalist version of the theory and declined to reject it outright. Instead, it offered a vague standard that gives close to zero guidance as to where, between these two poles, the doctrine sits. Several scholars and commentators have responded to the opinion with a mix of relief, because the …
Decoding Dobbs: A Typology To Better Understand The Roberts Court's Jurisprudence,
2024
Bridgewater College
Decoding Dobbs: A Typology To Better Understand The Roberts Court's Jurisprudence, Katie Yoder
Honors Projects
The U.S. Supreme Court first recognized Substantive Due Process (“SDP”) in the early twentieth century. In Lochner v. New York, the Court established that there are certain unenumerated rights that are implied by the Fourteenth Amendment.Though SDP originated in a case about worker’s rights and liberties, it quickly became relevant to many cases surrounding personal intimate decisions involving health, safety, marriage, sexual activity, and reproduction.Over the past 60 years, the Court relied upon SDP to justify expanding a fundamental right to privacy, liberty, and the right to medical decision making. Specifically, the court applied these concepts to allow for freedoms …
Agency Deference After Loper: Expertise As A Casualty Of A War Against The “Administrative State”,
2024
Brooklyn Law School
Agency Deference After Loper: Expertise As A Casualty Of A War Against The “Administrative State”, Michael M. Epstein
Brooklyn Law Review
Chevron deference has been a foundational principle for administrative law for decades. Chevron provided a two-step analysis for determining whether an agency would be given deference in its decision-making. This deferential test finds its legitimacy on the grounds of agency expertise and accountability. However, when the Supreme Court of the United States granted certiorari in Loper Bright Enterprise v. Raimondo, it positioned itself to potentially overrule or severely limit Chevron. An overruling of Chevron would place judicial deference to administrative agency decisions in peril by allowing courts to substitute their own views over the informed opinions of agency experts. This …
Clarett, Moultrie, And Applying The Nonstatutory Labor Exemption To Professional Sports’ Draft Eligibility Rules,
2024
Brooklyn Law School
Clarett, Moultrie, And Applying The Nonstatutory Labor Exemption To Professional Sports’ Draft Eligibility Rules, Mathew Santoyo
Brooklyn Law Review
Collective bargaining is the mechanism by which major sports leagues and their players unions have negotiated the terms and conditions of employment for many decades. One standard provision of these collective bargaining agreements is a draft eligibility rule governing the conditions by which prospective athletes are eligible for the league’s entry draft. These collective bargaining agreements exists at the intersection of two somewhat discordant areas of law: antitrust and labor law. Under antitrust law, Congress enacted a policy favoring competition and prohibiting unreasonable restraints on trade. On the other hand, under labor law, Congress enacted a policy favoring collective bargaining. …
When Life Takes Your Lemons: Resolving The Legislative Prayer Debate In School Board Settings In Light Of Kennedy V. Bremerton School District,
2024
Brooklyn Law School
When Life Takes Your Lemons: Resolving The Legislative Prayer Debate In School Board Settings In Light Of Kennedy V. Bremerton School District, Jordan Halper
Brooklyn Law Review
The COVID-19 pandemic fanned the flames of a fire that had been slowly but steadily burning since 2016, arming the loudest warriors of America’s endless culture war with a slew of new divisive issues. Virtually overnight, parental rights groups began capitalizing on the frustration in their communities in order to spur political change, training their ire toward public schools. What began as a crusade against mask mandates and vaccines manifested into a well-funded effort by ultraconservative groups to undermine the public education system as a whole. Against this backdrop, the legislative prayer exception—which was meant to sanction the practice of …
The Major Questions Doctrine’S Domain,
2024
Brooklyn Law School
The Major Questions Doctrine’S Domain, Todd Phillips, Beau J. Baumann
Brooklyn Law Review
In West Virginia v. EPA, the Supreme Court elevated the major questions doctrine to new heights by reframing it as a substantive canon and clear statement rule rooted in the separation of powers. The academic response has missed two unanswered questions that will determine the extent of the doctrine’s domain. First, how will the Court apply the doctrine to a range of different regulatory schemes? The doctrine has so far only been applied to nationwide legislative rules that are both (1) economically or politically significant and (2) transformative. It is unclear whether the doctrine applies to alternative modes of regulation …
The Consequences Of Homophobia: Analysis Of Discriminatory Medical And Legislative Policies And Their Influence On Health Disparities,
2024
University of South Dakota
The Consequences Of Homophobia: Analysis Of Discriminatory Medical And Legislative Policies And Their Influence On Health Disparities, Kaiden J. Fandel
Honors Thesis
Are there specific roots that influence the introduction and incorporation of discriminatory medical policies? What are the sources of such stigma, discrimination, and prejudice, in what forms does such discrimination take place, and what negative impacts does such hatred have on health outcomes, quality of care, and health disparities? Through a review of existing literature on this topic, intertwining the examination of the evolution of discriminatory policies and other explanatory literature in the United States, this thesis aims to answer the questions above, and explain the roots of such homophobic discrimination and its prevalence in the United States. Through the …
From Poll Tests To The Purcell Doctrine: Merrill V. Milligan And The Precarious Preservation Of Voting Rights,
2024
Fordham University School of Law
From Poll Tests To The Purcell Doctrine: Merrill V. Milligan And The Precarious Preservation Of Voting Rights, Charis Franklin
Fordham Law Review
The Voting Rights Act of 1965 (“the Voting Rights Act”) is one of the primary vehicles by which plaintiffs receive injunctive relief ahead of elections. More specifically, § 2 of the Voting Rights Act allows plaintiffs to challenge gerrymandered maps before they are used in contentious elections. However, Justice Kavanaugh’s reframing of the Purcell doctrine in Merrill v. Milligan weakened § 2’s ability to interrupt the use of these maps. This Note discusses how Justice Kavanaugh’s interpretation of the Purcell doctrine recenters the doctrine on bureaucratic inconvenience rather than voter enfranchisement, restricting voters’ access to relief prior to elections. Furthermore, …
The Anti-Innovation Supreme Court: Major Questions, Delegation, Chevron, And More,
2024
William & Mary Law School
The Anti-Innovation Supreme Court: Major Questions, Delegation, Chevron, And More, Jack M. Beermann
William & Mary Law Review
The Supreme Court of the United States has generally been a very aggressive enforcer of legal limitations on governmental power. In various periods in its history, the Court has gone far beyond enforcing clearly expressed and easily ascertainable constitutional and statutory provisions and has suppressed innovation by the other branches that do not necessarily transgress widely held social norms. Novel assertions of legislative power, novel interpretations of federal statutes, statutes that are in tension with well-established common law rules, and state laws adopted by only a few states are suspect simply because they are novel or rub up against tradition. …
The Perennial Eclipse: Race, Immigration, And How Latinx Count In American Politics,
2024
Texas A&M University School of Law
The Perennial Eclipse: Race, Immigration, And How Latinx Count In American Politics, Rachel F. Moran
Faculty Scholarship
In 2016, the U.S. Supreme Court decided Evenwel v. Abbott, a case challenging the use of total population in state legislative apportionment as a violation of the Equal Protection Clause. The plaintiffs sued Texas, alleging that the State impermissibly diluted their voting power because they lived in areas with a high proportion of voting-age citizens. When total population was used to draw district lines, the plaintiffs had to compete with more voters to get their desired electoral outcomes than was true for voters in districts with low proportions of voting-age citizens. The Court rejected the argument, finding that states enjoy …
How Close Is Close Enough: A Step-By-Step Analysis To Resolve The Circuit Split Created By Misunderstanding The Spokeo Ruling,
2024
St. Mary's University
How Close Is Close Enough: A Step-By-Step Analysis To Resolve The Circuit Split Created By Misunderstanding The Spokeo Ruling, Cason Shipp
St. Mary's Law Journal
No abstract provided.
Foiled Foia: The Excessive Exemption,
2024
St. Mary's University
Foiled Foia: The Excessive Exemption, Edward L. Wilkinson Jr.
St. Mary's Law Journal
The Freedom of Information Act permits requestors access to government information unless an exemption applies. Exemption (b)(3)(B) permits the government to protect information if there is a specific reference to a FOIA exemption in the withholding statute. Congress created this new requirement in 2009 in order to remove decision making power from administrative agencies and courts and reserve the power to disclose or withhold information with the legislative branch. This exemption poses problems to courts when there is a clear intent to protect information in the withholding statute without a clear reference to Exemption (b)(3)(B). As a result, courts have …
Public Accommodations And The Right To Refrain From Expressing Oneself,
2024
Capital University Law School
Public Accommodations And The Right To Refrain From Expressing Oneself, Mark Strasser
Cleveland State Law Review
The United States Supreme Court has been unable to articulate a coherent position when addressing the right of individuals to refrain from expressing themselves. The Court has applied various tests inconsistently—emphasizing principles in some cases, ignoring them in subsequent cases, and then emphasizing them again in later cases as if those principles had always been applied. The Court’s approach is incoherent, offering little guidance to lower courts except to suggest that public accommodations laws may soon be found inconsistent with First Amendment guarantees.
