University of Miami School of Law
University of Maryland Francis King Carey School of Law
St. John's University School of Law
The University of Maine
Cornell Law School
Washington and Lee University School of Law
Georgetown University Law Center
San Jose State University
Universitas Indonesia
This Isn't A Reality Show: How Social Media Livestreams Of High-Profile Criminal Trials May Violate One's Right To A Fair Trial,
2023
St. John's University School of Law
This Isn't A Reality Show: How Social Media Livestreams Of High-Profile Criminal Trials May Violate One's Right To A Fair Trial, Ryan Fenn
St. John's Law Review
(Excerpt)
Since the invention of television in 1927, the American legal system faced drastic changes. In 1935, the first trial was broadcast to the public in the case of Bruno Hauptmann. During the trial, “[e]laborate telegraph equipment” was installed in the courtroom, with “sound and motion picture equipment . . . plainly visible in the [courtroom] balcony.” From 1935 on, broadcasting technology has been utilized in the courtroom to convey the inner workings of certain courts to the public, which has stimulated debate over whether the use of this technology is conducive to a fair trial under the Sixth and …
Theft Of The American Dream: New York City's Third-Party Transfer Program,
2023
St. John's University School of Law
Theft Of The American Dream: New York City's Third-Party Transfer Program, Joseph Mottola
St. John's Law Review
(Excerpt)
On September 5, 2018, Paul Saunders discovered a notice on the front door of his mother’s home: it stated that the property, a Brooklyn brownstone owned by the family for over forty years, now belonged to a company called Bridge Street. His mother, seventy-four-year-old retired nurse Marlene Saunders, had been notified several months earlier that her home, valued at two million dollars, was in danger of being foreclosed because she owed New York City (the “City”) $3,792 in unpaid water charges. Her son had already paid the water bill, but when he contacted the water department, he discovered that …
Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court,
2023
St. John's University School of Law
Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court, Gregory C. Sisk, Michael Heise
St. John's Law Review
In this third iteration of our ongoing empirical examination of religious liberty decisions in the lower federal courts, we studied all digested Establishment Clause decisions by federal circuit and district court judges from 2006 through 2015. The first clause of the First Amendment to the United States Constitution directs that “Congress shall make no law respecting an establishment of religion.” That provision has generated decades of controversy regarding the appropriate role of religion in public life.
Holding key variables constant, we found that Catholic judges approved Establishment Clause claims at a 29.6% rate, compared with a 41.5% rate before non-Catholic …
Amending The Constitution Through Judicial Interpretation: A Comparative Study,
2023
Associate Professor of Public Law, College of Law, University of Sharjah
Amending The Constitution Through Judicial Interpretation: A Comparative Study, Essam Saeed Obeidi Dr.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The Constitution is amended in two ways: the first is official following the procedures provided for in the Constitution, and the second is an informal amendment of the Constitution without following the formal procedures provided for in the constitutional document. Among the informal methods of amending the Constitution is the judicial interpretation where the constitutional judge exploits of the generality of the constitutional texts and their ambiguity and shortcomings in order to modify their meaning while keeping the form of the word unchanged by adding new meanings or replacing the existing meaning with a new meaning , The Constitutional Judge …
Legal Security Considerations In The Provisions Of The Iraqi Constitutional Court: A Comparative Study,
2023
Lecturer of Public Law , Department of Law, College Imam Al-Azam University, Baghdad, Republic of Iraq
Legal Security Considerations In The Provisions Of The Iraqi Constitutional Court: A Comparative Study, Nather Alqaisi Dr.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The importance of monitoring the constitutionality of laws by establishing the foundations of the principle of legality and the protection of rights and freedoms relating to individuals, and when the constitutional judiciary exercise its function in the control of the constitutionality of laws, the provisions of the unconstitutional text of the law has been applied for a period of time and arranged the rights of individuals requires that the implementation of the provision impact Retroactive to the principle of legality, but the application of this concept to launch may lead to the absence of the principle of stability of legal …
Response: The Constitution Has Never Recognized Us As Full Persons: Or To What Politics Are Our "Protections" Returning?,
2023
The University of Akron
Response: The Constitution Has Never Recognized Us As Full Persons: Or To What Politics Are Our "Protections" Returning?, Marlon M. Bailey
ConLawNOW
This response engages with Marc Spindelman’s article, The New Intersectional and Anti-Racist LGBTQIA+ Politics: Some Thoughts on the Path Ahead, which offers a rethinking of critical precision about what is on the horizon for LGBTQ rights. The response calls for a reframing of the conversation by starting from the understanding that the Constitution, and by extension the law, is a political document and thus no realm of the Constitution or the law is impervious to politics. It then argues that instead of seeking recognition as full persons in the law and looking to a political document—the Constitution—for refuge from …
Taking The Gavel Away From The Executive Branch: The Indeterminate Sentencing Scheme Under S.B. 201 Is Ripe For Review And Unconstitutional,
2023
Cleveland State University College of Law
Taking The Gavel Away From The Executive Branch: The Indeterminate Sentencing Scheme Under S.B. 201 Is Ripe For Review And Unconstitutional, Jessica Crtalic
Cleveland State Law Review
In 2019, Senate Bill 201, also known as the Reagan Tokes Act, reintroduced an indeterminate sentencing scheme in Ohio whereby sentences are assigned in the form of a range. Under this sentencing scheme, the Ohio Department of Rehabilitation and Correction, through the parole board, has discretion to retain an inmate past the presumptive release date. This fails to afford the accused their guaranteed right to a jury trial, improperly places judiciary power in the hands of the executive branch, and scrutinizes the violation of due process such that the defendant is being denied a fair hearing and notice. Not only …
More Than Lip Service Is Required: Excessive Fines Clause Limitations Upon Fining The Homeless,
2023
City of Walla Walla, Washington
More Than Lip Service Is Required: Excessive Fines Clause Limitations Upon Fining The Homeless, Tim Donaldson
St. Mary's Law Journal
No abstract provided.
Public Accommodations Originalism’S Inability To Solve The Problems Of Online Content Moderation,
2023
St. Mary's University
Public Accommodations Originalism’S Inability To Solve The Problems Of Online Content Moderation, Vincent A. Marrazzo
St. Mary's Law Journal
In response to online platforms’ increasing ability to moderate content in what often seems to be an arbitrary way, Justice Clarence Thomas recently suggested that platforms should be regulated as public accommodations such that the government could prevent platforms from banning users or removing posts from their sites. Shortly thereafter, Florida passed the Transparency in Technology Act, which purported to regulate online platforms as public accommodations and restricted their ability to ban users, tailor content through algorithmic decision-making, and engage in their own speech. Texas followed suit by passing a similar law, and Arizona debated a bill purporting to regulate …
John Roberts And Owen Roberts: Echoes Of The Switch In Time In The Chief Justice’S Jurisprudence,
2023
St. Mary's University
John Roberts And Owen Roberts: Echoes Of The Switch In Time In The Chief Justice’S Jurisprudence, Luke G. Cleland
St. Mary's Law Journal
No abstract provided.
A House Built On Sand: The Qualified Immunity Case For Keeping The Smith Doctrine,
2023
St. Mary's University
A House Built On Sand: The Qualified Immunity Case For Keeping The Smith Doctrine, Joshua L. Johnston
St. Mary's Law Journal
No abstract provided.
Abort The Court? How Abortion Jurisprudence Has Highlighted Questions Surrounding The Legitimacy Of The Supreme Court,
2023
Seattle Pacific University
Abort The Court? How Abortion Jurisprudence Has Highlighted Questions Surrounding The Legitimacy Of The Supreme Court, Junia E. Paulus
Honors Projects
The Supreme Court is often viewed with awe and the justices treated with reverence. It is the highest court in the United States, tasked with interpreting the law. But is the Supreme Court the neutral arbiter of justice it purports to be? Most recently, the 2022 ruling on Dobbs v. Jackson Women’s Health Organization overturned the fifty-year precedent of Roe v. Wade, causing the Court to face increasing scrutiny and questions of its legitimacy. I conduct a philosophical analysis of the arguments made by the justices in the opinions on Roe v. Wade, Planned Parenthood v. Casey, and …
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas,
2023
Villanova University Charles Widger School of Law
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams
Villanova Environmental Law Journal
No abstract provided.
Dobbs: A Powerful Opinion With Discrete Weaknesses,
2023
UIdaho Law
Dobbs: A Powerful Opinion With Discrete Weaknesses, Gader Wren
Idaho Law Review Spotlight
No abstract provided.
Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights,
2023
American University in Cairo
Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed
Theses and Dissertations
The fact that there is a constant conflict between individual rights and state or social interests has historically provoked the question of how to balance or harmonize such conflicting interests? On what basis shall the legislator or the judge decide in favor of this or that right in his legislation or judgement? Where shall we, for example, draw the line between the right to freedom of expression and the right to protect one’s honor and reputation? How could the legislator find the compromise between the state duty to protect fetus life and its obligation not to interfere with woman’s right …
Democratizing Tthe Eighth Amendment,
2023
Villanova University Charles Widger School of Law
Democratizing Tthe Eighth Amendment, Erin E. Braatz
Villanova Law Review
No abstract provided.
Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms,
2023
Villanova University Charles Widger School of Law
Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, Anthony Passela
Villanova Law Review
No abstract provided.
Foreword,
2023
Duke Law
Grounding The Basic Structure In Legal Theory,
2023
National Law School of India University
Grounding The Basic Structure In Legal Theory, Sanjay Jain
Articles
This article contributes to the everlasting debate on theorising the Basic Structure doctrine of the Indian Constitution. Having demonstrated that it cannot be justified either in orthodox positivism of Austin or Kelsenite normativity, the author makes the case to ground the debate in the modern avatar of analytical jurisprudence, popularly known as inclusive legal positivism.
[2023 Honorable Mention] Coerced Removal Of Indigenous Children: The Past And Present Native Child Welfare In The United States,
2023
California State University, Monterey Bay
[2023 Honorable Mention] Coerced Removal Of Indigenous Children: The Past And Present Native Child Welfare In The United States, Mad Bolander, Emily Greaves, Amada Villa Nueva Lobato
Ethnic Studies Research Paper Award
Our podcast attempts to convey indigenous healing efforts since the time of BIA schools in the United States. With the ICWA ruled unconstitutional, we ask what have the lived experiences been of native children who were forcibly removed from their families and tribes? And what does this mean for children who might now be taken away from their families again without the protection of the ICWA?
