Scarce Medical Resources – Parenthood At Every Age, In Every Case And Subsidized By The State?, Yehezkel Margalit
The dilemma of scarce medical resources is deeply rooted in the ancient mankind history, but it has been accelerated in the modern era with the appearance of the bio-medical innovations. This acute dilemma is relevant to all the western developed states, include Israel. Nevertheless, in one field there is the notion that Israel has unlimited medical resources – the fulfillment of its citizen's procreation and parenthood rights. Thus, for sociological, demographical, religious and security reasons the State of Israel invests a vast amount of money to develop and use the various fertility treatments. Israel, today, has the highest per capita ...
Constructed Constraint And The Constitutional Text, 2015 Duke Law
Constructed Constraint And The Constitutional Text, Curtis A. Bradley, Neil S. Siegel
In recent years, constitutional theorists have attended to the unwritten aspects of American constitutionalism and, relatedly, to the ways in which the constitutional text can be built upon, or “constructed,” by various materials. This Article, by contrast, focuses on the role of the constitutional text itself, and in doing so employs an older, more interpretive understanding of constitutional “construction.” Under some accounts, the text plays a minor role. On this view, interpreters may invoke the text rhetorically, but it does not constrain their interpretations. These critical accounts can be contrasted with strictly textualist theories, which maintain that constitutional interpretation derives ...
Unreasonable Doubt: Warren Hill, Aedpa, And The Unconstitutionality Of Georgia's Reasonable Doubt Standard, Adam Lamparello
Georgia’s “beyond a reasonable doubt” standard for determining intellectual disability has led to an absurd—and arbitrary—result. A Georgia state court held that defendant Warren Hill was intellectually disabled, yet still sentenced Hill to death. Seven experts—and the court—deemed Hill disabled under a preponderance of the evidence standard. He remains on death row, however, because Georgia’s “preposterous burden of proof” requires that intellectual disability be proved beyond a reasonable doubt, a standard experts have said is nearly impossible to satisfy. It “effectively limits the constitutional right protected in Atkins,” and creates a conditional, not categorical ...
An Imminent Substantial Disruption: Towards A Uniform Standard For Balancing The Rights Of Students To Speak And The Rights Of Administrators To Discipline., Allison G. Kort
Allison G Kort
An Imminent Substantial Disruption: Toward a Uniform Standard for Balancing the Rights of Students to Speak and the Rights of Administrators to Discipline.
By Allison Kort
Twenty-five years before the Supreme Court’s landmark school speech decision in Tinker v. Des Moines, 393 U.S. 503, 504 (1969), the Court cautioned against placing too much discretion in the hands of school boards. In Tinker, when students wore black armbands to protest the Vietnam War, the Supreme Court determined that student speech may not be censored when the record demonstrates no facts which would reasonably have led school authorities to ...
Restoring Constitutional Equilibrium, 2014 SelectedWorks
Restoring Constitutional Equilibrium, Adam Lamparello
In areas such as the Fourteenth Amendment, the Supreme Court's lack of institutional restraint has affected citizens of every political persuasion. In Bush v. Gore, the Florida Supreme Court’s recount order was blocked. ‘Liberals,’ lost. In Roe v. Wade, the Court required state legislatures to allow most abortions in the first trimester. ‘Conservatives’ lost. In Clinton v. City of New York and Citizens United v. Federal Election Commission, the coordinate branch’s attempt to ensure a more efficient and fairer government was thwarted. Average citizens lost. The problem is not a liberal or conservative one, whatever those words ...
The Limits Of Child Pornography, 2014 Maurer School of Law: Indiana University
The Limits Of Child Pornography, Carissa Byrne Hessick
Indiana Law Journal
Although the First Amendment ordinarily protects the creation, distribution, and possession of visual images, the Supreme Court has declared that those protections do not apply to child pornography. But the Court has failed to clearly define child pornography as a category of speech. Providing a precise definition of the child pornography exception to the First Amendment has become increasingly important because recent years have seen a dramatic increase in the penalties associated with the creation, distribution, and possession of child pornography.
This Article proposes a clear definition of the child pornography exception. It argues that an image ought to fall ...
Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, 2014 Maurer School of Law: Indiana University
Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett
Indiana Law Journal
No abstract provided.
Abortion And The “Woman Question”: Forty Years Of Debate, 2014 Maurer School of Law: Indiana University
Abortion And The “Woman Question”: Forty Years Of Debate, Reva B. Siegel
Indiana Law Journal
This paper was presented as the Addison C. Harris Lecture at the Indiana University Maurer School of Law, Bloomington, Indiana, September 27, 2012.
Section 702 And The Collection Of International Telephone And Internet Content, 2014 Georgetown University Law Center
Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
Section 702 of the Foreign Intelligence Surveillance Act authorizes the NSA and others to collect the electronic communications of non-U.S. targets located overseas. Recent media reports and declassified documents reveal a more extensive program than was previously publicly understood. The article begins by considering the origins of the current programs and the relevant authorities—particularly the transfer of part of the President’s Surveillance Program, instituted just after 9/11, to the 1978 Foreign Intelligence Surveillance Act (FISA). It outlines the contours of the 2007 Protect America Act, before its replacement in 2008 by the FISA Amendments Act (FAA ...
Is It Time For The Court To Accept The O.F.F.E.R.? Applying Smith V. Organization Of Foster Families For Equality And Reform To Promote Clarity, Consistency, And Federalism In The World Of De Facto Parenthood, 2014 SelectedWorks
Is It Time For The Court To Accept The O.F.F.E.R.? Applying Smith V. Organization Of Foster Families For Equality And Reform To Promote Clarity, Consistency, And Federalism In The World Of De Facto Parenthood, Eric A. Degroff, Steven W. Fitschen
Eric A DeGroff
The question of psychological, or de facto, parents and their rights versus biological or adoptive parents has been percolating through the state and lower federal courts for some years. Given the disparity in approaches and the constitutional issues implicated, it is likely that the Supreme Court will take up this issue, and it may well do so in the near future. When it does, it is imperative that the Court adopt a test that will serve American society and her children and families well. This article proposes such a test.
The argument could be made that, absent a finding of ...
Sustentabilidade, Democracia E Direito, 2014 SelectedWorks
Sustentabilidade, Democracia E Direito, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
O mais impressivo sobre a temática deste artigo será, certamente, esta passagem de um autor brasileiro contemporâneo: "(...) não pode haver desenvolvimento (...) sem democracia. Ou melhor, é por isso que mais desenvolvimento (ou sustentabilidadade) implica mais democracia, avanço do processo de democratização, de democratização da democracia. Pode haver crescimento (da renda, da riqueza (...)) sem democracia, mas não pode haver, nesse sentido, desenvolvimento." Augusto de Franco
But We Were Born Free: The Racial & Sexual Quota As A Constitutiional Bill Of Attainder, David D. Butler
David D. Butler
Racial & Sexual Quota Schemes meet or equal every constitutionial forbidden practice ennumerated in the bar against government's use of bills of attainder or bills of pains and penalities.
La Defensa Jurídica Del Estado, La Cenicienta De Los Juristas, 2014 SelectedWorks
La Defensa Jurídica Del Estado, La Cenicienta De Los Juristas, David A. Ortiz Gaspar
Prof. David Aníbal Ortiz Gaspar
No abstract provided.
Riley V. California: Privacy Still Matters, But How Much And In What Contexts?, 2014 SelectedWorks
Riley V. California: Privacy Still Matters, But How Much And In What Contexts?, Adam Lamparello, Charles E. Maclean
Private information is no longer stored only in homes or other areas traditionally protected from warrantless intrusion. The private lives of many citizens are contained in digital devices no larger than the palm of their hand—and carried in public places. But that does not make the data within a cell phone any less private, just as the dialing of a phone number does not voluntarily waive an individual’s right to keep their call log or location private. Remember that we are not talking exclusively about individuals suspected of committing violent crimes. The Government is recording the calls and ...
Riley V. California: What It Means For Metadata, Border Searches, And The Future Of Privacy, Adam Lamparello
Private information is no longer stored only in homes or other areas traditionally protected from warrantless intrusion. The private lives of many citizens are contained in a digital device no larger than the palm of their hand—and carried in public places. But that does not make the data within a cell phone any less private, just as the dialing of a phone number does not voluntarily waive an individual’s right to keep their call log or location private. Remember that we are not talking about individuals suspected of committing violent crimes. The Government is recording the calls and ...
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, 2014 SelectedWorks
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper
Casey J Cooper
The right to freedom of expression and free press is recognized under almost all major human rights instruments and domestic legal systems—common and civil—in the world. However, what do you do when a fundamental right conflicts with another equally fundamental right, like the right to a fair trial? In the United States, the freedom of speech, encompassing the freedom of the press, goes nearly unfettered: the case is not the same for other common law countries. In light of cultural and historic facts, institutional factors, modern realities, and case-law, this Article contends that current American jurisprudence does not ...
United States Of America, Plaintiff-Appellee, V. Charles Williams Jr., Defendant-Appellant: Reply Brief Of Appellant, 2014 College of William & Mary Law School
United States Of America, Plaintiff-Appellee, V. Charles Williams Jr., Defendant-Appellant: Reply Brief Of Appellant, Gregory Davis, Patricia E. Roberts, Brittany Sadler, Andrew L. Steinberg, Tillman J. Breckenridge, Thomas W. Ports Jr.
Appellate and Supreme Court Clinic
No abstract provided.
Summary Of Jones V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 53, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
Summary Of Jones V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 53, Kylee Gloekner
Nevada Supreme Court Summaries
The Court determined (1) whether a criminal defendant’s access to the courts can be restricted by the district court when he or she is challenging a judgment of conviction and sentence or the computation of time served under a judgment of conviction; and (2) whether there is an established approach courts should take when restricting the access.
Emerging Patterns Of Global Constitutionalization: Toward A Conceptual Framework, 2014 Maurer School of Law: Indiana University
Emerging Patterns Of Global Constitutionalization: Toward A Conceptual Framework, Karolina Milewicz
Indiana Journal of Global Legal Studies
Global constitutionalization is a recent phenomenon that is decisively changing the character of the international order. This argument was put forward recently by scholars of international law and has gained significance in the institutional school of thought. However, the notion of "global constitutionalization" is often used imprecisely and has so far been largely neglected in the field of international relations. It still lacks a consistent and operational definition, which would enable political scientists and international relations scholars to conduct empirical research. This article explores a preliminary framework for the concept of global constitutionalization.
Global Constitutionalism – Process and Substance, Symposium. Kandersteg ...
Unpopular Constitutionalism, 2014 Maurer School of Law: Indiana University
Unpopular Constitutionalism, Mila Versteeg
Indiana Law Journal
Constitutions are commonly thought to express nations’ highest values. They are often proclaimed in the name of “We the People” and are regarded—by scholars and the general public alike—as an expression of the people’s views and values. This Article shows empirically that this widely held image of constitutions does not correspond with the reality of constitution making around the world. The Article contrasts the constitutional-rights choices of ninety countries between 1981 and 2010 with data from nearly one-half million survey responses on cultural, religious, and social values conducted over the same period. It finds, surprisingly, that in ...