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Some Questions About Gender And The Death Penalty, Elizabeth Rapaport 2017 Selected Works

Some Questions About Gender And The Death Penalty, Elizabeth Rapaport

Elizabeth Rapaport

No capital punishment statute classifies by gender, but it is arguable that gender bias infects the administration of capital punishment because the discretion of prosecutors, juries and judges is employed to the advantage of female murderers. Prior to Furman, capital punishment statutes typically gave sentencing authorities untrammelled discretion to mete out life or death. Although sentencing discretion has been substantially reduced in the modern death penalty regime, it remains arguable post-Furman that the sparseness of women on death row testifies to the discriminatory use of capital sentencing discretion. However, in light of the recent decision in McCleskey v. Kemp, in ...


Too Little Space: Does A Zoning Regulation Violate The Second Amendment?, Jordan Lamson 2017 Boston College Law School

Too Little Space: Does A Zoning Regulation Violate The Second Amendment?, Jordan Lamson

Boston College Law Review

On May 16, 2016, in Teixeira v. County of Alameda, the U.S. Court of Appeals for the Ninth Circuit held that a zoning ordinance was not presumptively lawful under the Second Amendment. The court utilized the two-step analysis derived from the U.S. Supreme Court’s 2008 decision in District of Columbia v. Heller to examine the constitutionality of the ordinance. The court remanded the case and recommended that the district court apply a heighted level of scrutiny—potentially even strict scrutiny. On December 27, 2016, the Ninth Circuit ordered an en banc rehearing. This Comment argues that on ...


Constitutional Law And The Role Of Scientific Evidence: The Transformative Potential Of Doe V. Snyder, Melissa Hamilton 2017 University of Houston Law Center

Constitutional Law And The Role Of Scientific Evidence: The Transformative Potential Of Doe V. Snyder, Melissa Hamilton

Boston College Law Review

In late 2016, U.S. Court of Appeals for the Sixth Circuit’s concluded in Does #1–5 v. Snyder that Michigan’s sex offender registry and residency restriction law constituted an ex post facto punishment in violation of the constitution. In its decision, the Sixth Circuit engaged with scientific evidence that refutes moralized judgments about sex offenders, specifically that they pose a unique and substantial risk of recidivism. This Essay is intended to highlight the importance of Snyder as an example of the appropriate use of scientific studies in constitutional law.


Moore V. Texas: Balancing Medical Advancements With Judicial Stability, Emily Taft 2017 Duke Law

Moore V. Texas: Balancing Medical Advancements With Judicial Stability, Emily Taft

Duke Journal of Constitutional Law & Public Policy Sidebar

In Moore v. Texas, the Supreme Court will consider whether the Eighth Amendment requires States to adhere to a particular organization’s most recent clinical definition of intellectual disability in determining whether a person is exempt from the death penalty under Atkins v. Virginia and Hall v. Florida. Generally, the Supreme Court has carved away at the death penalty with each new case it takes. This commentary argues that the Supreme Court should not continue that trend in this case and should find for Texas because the state’s intellectual disability determination is consistent with the Eighth Amendment under Atkins ...


Flight Risk Or Danger To The Community? Rodriguez And The Protection Of Civil Liberties In The U.S. Immigration System, Charlie Kazemzadeh 2017 Duke Law

Flight Risk Or Danger To The Community? Rodriguez And The Protection Of Civil Liberties In The U.S. Immigration System, Charlie Kazemzadeh

Duke Journal of Constitutional Law & Public Policy Sidebar

Upon arrival to the United States, foreign nationals are required to prove beyond a doubt that they comply with the various requirements for admission into the country. For those who fail to meet this standard, there are only two options: accept immediate removal to their country of origin, or fight removal. For many who contest their deportation, their fate is civil incarceration until their case is adjudicated, which can take several years. The case of Jennings v. Rodriguez addresses the constitutionality of prolonged civil incarceration without the access of mandatory, periodic bond hearings for these individuals.


Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon 2017 Selected Works

Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon

Tracey George

No abstract provided.


Assessing The State Of The State Constitutionalism, Jim Rossi 2017 Florida State University College of Law

Assessing The State Of The State Constitutionalism, Jim Rossi

Jim Rossi

Robert Williams's The Law of American State Constitutions is an impressive career accomplishment for one of the leading academic lawyers writing on state constitutions. Given the need for a comprehensive, treatise-like treatment of state constitutions that transcends individual jurisdictions, Williams's book will almost certainly become the go-to treatise for the next generation of state constitutional law practitioners and scholars. The U.S. Constitution has a grip on how the American legal mind approaches issues in American constitutionalism, but an important recurring theme in Williams's work (as well as that of others) is how state constitutions present unique ...


Breaking The Cycle: Countering Voter Initiatives And The Underrepresentation Of Racial Minorities In The Political Process, Kristen Barnes 2017 Duke Law

Breaking The Cycle: Countering Voter Initiatives And The Underrepresentation Of Racial Minorities In The Political Process, Kristen Barnes

Duke Journal of Constitutional Law & Public Policy

This Article examines issues of inequality in education, minority representation, and access to the political process. The Article considers constitutional protections and other legal mechanisms available to racial minorities to nullify or circumnavigate majoritarian voter initiatives that seek to override federal constitutional guarantees and United States Supreme Court holdings on the validity of the use of race in university admissions decisions. Voter initiatives have been used to undermine the socio-economic and political interests of vulnerable communities. In the education realm, affirmative action opponents are increasingly adopting this instrument to defeat race-conscious admissions policies. This Article focuses on several seminal cases ...


Textualism And Originalism In Constitutional Interpretation, John M. Greabe 2017 University of New Hampshire School of Law

Textualism And Originalism In Constitutional Interpretation, John M. Greabe

Legal Scholarship

[Excerpt] "In a 2016 lecture at the Case Western Reserve University School of Law, Judge Neil Gorsuch warmly praised former Supreme Court Justice Antonin Scalia's approach to constitutional interpretation. Because President Trump has nominated him to serve on the Supreme Court, it is important to understand the approach Judge Gorsuch favors."


A House Built On Shifting Sands: Standing Under The Fair Housing Act After Thompson V. North American Stainless, Eric Vanderhoef 2017 Duke Law

A House Built On Shifting Sands: Standing Under The Fair Housing Act After Thompson V. North American Stainless, Eric Vanderhoef

Duke Journal of Constitutional Law & Public Policy Sidebar

For decades, the Supreme Court construed standing under the Fair Housing Act broadly; any party could bring suit as long as it met Constitutional Standing requirements. In January 2011, in Thompson v. North American Stainless, the Court restricted standing under Title VII—a statute with similar empowering language to the Fair Housing Act. The Court will address Fair Housing Act standing post-Thompson in Bank of America Corp. v. City of Miami. This commentary argues that standing under the Fair Housing Act should be restricted. Additionally, it argues that the allegations of the Plaintiff-Respondent, City of Miami, of widespread reductions in ...


Unprecedented Infringement: Debunking The Constitutionality Of Dna Collection From Mere Arrestees In Light Of Maryland V. King, Christen Giannaros 2017 St. John's University School of Law

Unprecedented Infringement: Debunking The Constitutionality Of Dna Collection From Mere Arrestees In Light Of Maryland V. King, Christen Giannaros

Journal of Civil Rights and Economic Development

No abstract provided.


What Constitutes "Custody" Under Miranda?: An Examination Of Maine's Test As Applied In State V. Kittredge, Elizabeth L. Tull 2017 University of Maine School of Law

What Constitutes "Custody" Under Miranda?: An Examination Of Maine's Test As Applied In State V. Kittredge, Elizabeth L. Tull

Maine Law Review

In recent years, the Maine Supreme Judicial Court, sitting as the Law Court, has issued several opinions addressing whether a defendant’s statements are admissible when made to law enforcement in the absence of “Miranda warnings.” These cases have similar features: a defendant made a personally incriminating statement; raised an appeal arguing that Miranda warnings should have been, but were not, read to him or her; and the Court—in many cases—determined that the defendant was not technically in police custody, and thus there was no requirement to recite Miranda warnings to him or her. Miranda warnings are an ...


State V. Lovejoy: Should Pre-Arrest, Pre-Miranda Silence Be Admissible During The State's Case-In-Chief As Substantive Evidence Of Guilt?, Mark Rucci 2017 University of Maine School of Law

State V. Lovejoy: Should Pre-Arrest, Pre-Miranda Silence Be Admissible During The State's Case-In-Chief As Substantive Evidence Of Guilt?, Mark Rucci

Maine Law Review

Article 1, section 6 of Maine Constitution reads in part that “[t]he accused shall not be compelled to give evidence against himself or herself, nor be deprived of life, liberty, property, or privileges . . . .” Further, the Law Court has held that “the State constitutional protection against self-incrimination is the equivalent of the Fifth Amendment." However, as with most provisions of the Constitution, the protection against self-incrimination is open to interpretation. While the Supreme Court has answered some questions surrounding the Fifth Amendment’s protections, it has left many decisions regarding its scope largely within the purview of the states. As ...


The Impact Of Justice Scalia's Replacement On Gender Equality Issues, Wilson R. Huhn 2017 University of Akron

The Impact Of Justice Scalia's Replacement On Gender Equality Issues, Wilson R. Huhn

ConLawNOW

The last forty-six years may be accurately described as the era of the modern Republican Supreme Court. As a result of presidential elections, Republican presidents have nominated all ten of the Justices appointed to the United States Supreme Court between 1969 and 1991. Republicans have thus controlled the Court since 1970. During this period the right to gender equality was recognized and the right to marriage equality was realized. However, also during this period many Republican Justices staunchly opposed gender equality, and far more remains to be accomplished.

Since Justice Scalia’s death, the Supreme Court has been deadlocked on ...


The Free Exercise Clause: Fealty To God Or Caesar?, John O. Hayward 2017 St. John's University School of Law

The Free Exercise Clause: Fealty To God Or Caesar?, John O. Hayward

Journal of Catholic Legal Studies

No abstract provided.


May I Be Excused? Smith's Individualized Governmental Assessment Exception And The Hhs Mandate, Mary E. McMahon 2017 St. John's University School of Law

May I Be Excused? Smith's Individualized Governmental Assessment Exception And The Hhs Mandate, Mary E. Mcmahon

Journal of Catholic Legal Studies

No abstract provided.


Obscenity Law: Après Stanley, Le Deluge?, Michael J. Gaynor 2017 St. John's University School of Law

Obscenity Law: Après Stanley, Le Deluge?, Michael J. Gaynor

The Catholic Lawyer

No abstract provided.


Recent Abortion Litigation, Martin F. McKernan, Jr. 2017 St. John's University School of Law

Recent Abortion Litigation, Martin F. Mckernan, Jr.

The Catholic Lawyer

No abstract provided.


Shapiro, Et Al., V. Welt, Et Al., 133 Nev. Adv. Op. 6 (February 2, 2017), Stephanie Glantz 2017 Nevada Law Journal

Shapiro, Et Al., V. Welt, Et Al., 133 Nev. Adv. Op. 6 (February 2, 2017), Stephanie Glantz

Nevada Supreme Court Summaries

The court considered consolidated appeals and a cross-appeal from a district court order granting a motion to dismiss complaint based on anti-SLAPP statutes and the awarding of attorney fees and costs. The Court considered whether parts of Nevada’s anti-SLAPP statute, NRS 41.637, are unconstitutionally vague, whether statements made in relation to a conservatorship action constitute an issue of public interest under NRS 41.637(4), and whether those statements fall within the scope of the absolute litigation privilege. The Court found that no, NRS 41.637 is not unconstitutionally vague; adopted a California test for determining an issue ...


The Law (?) Of The Lincoln Assassination, Martin S. Lederman 2017 Georgetown University Law Center

The Law (?) Of The Lincoln Assassination, Martin S. Lederman

Georgetown Law Faculty Publications and Other Works

Shortly after John Wilkes Booth killed Abraham Lincoln on April 14, 1865, President Andrew Johnson directed that Booth’s alleged coconspirators be tried in a makeshift military tribunal, rather than in the Article III court that was open for business just a few blocks from Ford’s Theater. Johnson’s decision implicated a fundamental constitutional question that was a subject of heated debate throughout the Civil War: When, if ever, may the federal government circumvent Article III’s requirements of a criminal trial by jury, with an independent, tenure-protected presiding judge, by trying individuals other than members of the armed ...


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