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James Wilson And The Moral Foundations Of Popular Sovereignty, Ian C. Bartrum 2016 WIlliam S. Boyd School of Law, UNLV

James Wilson And The Moral Foundations Of Popular Sovereignty, Ian C. Bartrum

Ian C Bartrum

This paper explores the moral philosophy underlying the constitutional doctrine of popular sovereignty. In particular, it focuses on the Scottish sentimentalism that informed James Wilson’s understanding of that doctrine. Wilson, a transplanted Scotsman, was perhaps the nation’s preeminent lawyer in the middle 1780s. He was one of the most important delegates to the Constitutional Convention, one of the nation’s first law professors, and served as Associate Justice on the first Supreme Court. In these capacities, he developed the most sophisticated and coherent account of popular sovereignty among the founding generation. My initial effort is to enrich our ...


Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press (Draft), Erin C. Carroll 2016 Georgetown University Law Center

Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press (Draft), Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

The fourth estate is undergoing dramatic changes. Many newspaper reporters, already surrounded by a growing number of empty desks, are shifting their focus away from costly investigative reporting and towards amassing Twitter followers and writing the perfect “share line.” Newspapers’ budgets can no longer robustly support accountability journalism and pitching fights against the government. And so, while this busier and noisier media environment may have a desirable democratizing effect—more of us are able to participate in analyzing, debating, and perhaps even making the news—it has not succeeded in filling a role that print journalists have traditionally played well ...


Measuring Political Power: Suspect Class Determinations And The Poor, Bertrall L. Ross, Su Li 2016 University of California - Berkeley

Measuring Political Power: Suspect Class Determinations And The Poor, Bertrall L. Ross, Su Li

Bertrall L Ross

Which classes are considered suspect under equal protection doctrine? The answer determines whether courts will defer to legislatures and other government actors when they single out a group for special burdens, or intervene to protect that group from such treatment. Laws burdening suspect classes receive the strictest scrutiny possible—and under current doctrine, whether a class is suspect turns largely on whether the court views the group as possessing political power.

But how do courts know when a class lacks political power? A liberal plurality of the Supreme Court initially suggested that political power should be measured according to a ...


From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2016 SelectedWorks

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...


The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt 2015 SelectedWorks

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Mark P Nevitt

Climate change is the world’s greatest environmental threat. It also is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are not clear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are ...


Preliminary Warnings On 'Constitutional' Idolatry, Brian Christopher Jones 2015 Academia Sinica

Preliminary Warnings On 'Constitutional' Idolatry, Brian Christopher Jones

Brian Christopher Jones

Although contemporary societies covet the notion of a written constitution, the UK still stands as one of the few jurisdictions not in possession such a single document. Yet recently there has been renewed discussion regarding whether the UK should draft its own constitution (or at least entrench some form of constitutional law). A recent House of Commons committee report thoroughly analysed this prospect, and many scholars and practitioners consider such a result inevitable. This piece argues that such a document should not be drafted, but if it is, it should surely not be called a "Constitution".

Difficulties arise because over ...


Holistic Pregnancy: Rejecting The Theory Of The Adversarial Mother, Rona Kaufman Kitchen 2015 Duquesne University School of Law

Holistic Pregnancy: Rejecting The Theory Of The Adversarial Mother, Rona Kaufman Kitchen

Rona Kaufman Kitchen

In its zealous effort to protect the lives and health of unborn children, the law frequently views the expecting mother with suspicion. In its most extreme form, the law regards the potential mother as a potential murderess. This perspective does not reflect the nature of pregnancy, it undermines the autonomy of loving mothers, and it is detrimental to children. Regardless of whether there is any conflict between mother and fetus, the State presumes the mother to be a threat to her fetus and subjugates her rights as a result. The State interferes with the mother’s autonomy, bodily integrity, parental ...


The President's Wartime Detention Authority : What History Teaches Us, Anirudh Sivaram 2015 Yale University

The President's Wartime Detention Authority : What History Teaches Us, Anirudh Sivaram

Harvey M. Applebaum ’59 Award

This thesis examines the extent of the President’s wartime detention authority over citizens (in particular, detention authority pursuant to Article II of the U.S. Constitution) through a legal-historical lens. Some Presidents (Abraham Lincoln, Franklin Roosevelt, George W. Bush) have historically relied on Article II authority for detention, while others (Ulysses Grant, Barack Obama) have disclaimed the notion that such authority exists. Clarifying the scope and source of the Presidential detention authority over citizens bears both theoretical and real-world relevance. Theoretically, it lies at the confluence of two central American constitutional traditions – the separation of powers, and the protection ...


Taxes And Takings - And First Principles, George B. Hefferan Jr 2015 SelectedWorks

Taxes And Takings - And First Principles, George B. Hefferan Jr

George B Hefferan Jr

No abstract provided.


Federal Harassment.®, Daniel Fernando Gómez Tamayo 2015 SelectedWorks

Federal Harassment.®, Daniel Fernando Gómez Tamayo

Daniel Fernando Gómez Tamayo

Karl Franco, ¿English Teacher or DEA Federal?


Trade Promotional Authority: Evaluating The Necessity Of Congressional Oversight And Accountability, Margaret M. Kim 2015 American University Washington College of Law

Trade Promotional Authority: Evaluating The Necessity Of Congressional Oversight And Accountability, Margaret M. Kim

Margaret M. Kim

On April 16, 2015, legislation to reauthorize Trade Promotion Authority (TPA) was introduced as the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015 or the Legislation) in the House and the Senate. TPA, formerly known as the fast-track authority, refers to “[the] authority of the U.S. president to negotiate international agreements that Congress can approve or disapprove, but not amend or filibuster.” TPA was last renewed under the Trade Act of 2002 during the George W. Bush Administration. Until it expired on July 1, 2007, eleven Free Trade Agreements (FTAs) were implemented under the supervision of President ...


State Monopolies Of A Commercial Character (Article 37 Of The Eec Treaty) And Their Importance In Connection With Portugal's Accession To The European Communities, Maria I. Jalles 2015 Lisbon University Law

State Monopolies Of A Commercial Character (Article 37 Of The Eec Treaty) And Their Importance In Connection With Portugal's Accession To The European Communities, Maria I. Jalles

Georgia Journal of International & Comparative Law

No abstract provided.


The Difficulty Of Constitutional Amendment In Canada, Richard Albert 2015 Boston College Law School

The Difficulty Of Constitutional Amendment In Canada, Richard Albert

Richard Albert

Scholars of comparative constitutional law would suggest that the United States Constitution is the world’s most difficult democratic constitution to change by formal amendment. But in this paper I suggest that the Constitution of Canada may be even harder to amend. Modern Canadian political history has proven the textual requirements for major constitutional amendment so far impossible to satisfy, yet the extraordinary difficulty of formal amendment in Canada derives equally from sources external to the Constitution’s formal amendment rules. Major constitutional amendment also requires conformity with extra-textual requirements imposed by Supreme Court decisions interpreting the Constitution of Canada ...


Pondering The Death Penalty, Even For The Boston Bomber, Alan E. Garfield 2015 Widener Law

Pondering The Death Penalty, Even For The Boston Bomber, Alan E. Garfield

Alan E Garfield

No abstract provided.


Looking Beyond The Negative-Positive Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect And Reach, Jorge Farinacci-Fernós 2015 Georgetown University

Looking Beyond The Negative-Positive Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect And Reach, Jorge Farinacci-Fernós

Jorge Farinacci-Fernós

In this brief Article, I wish to challenge and transcend the narrow dichotomy of political-rights-as-negative-rights versus socio-economic-rights-as-positive-rights, and analyze the different variables applicable to constitutional rights, taking into account several interacting features. First, the nature of a right, that is, whether it is civil and political or socio-economic. Second, the effect of a right, that is, whether it is negative rights that protect the titleholder against the actions of others or positive rights that entitle its titleholder to require others to act. Third, the reach of a right, that is, whether it is vertical rights opposable to the state or ...


Section 1983 Cases Arising From Criminal Convictions, Gail Donoghue 2015 Touro College Jacob D. Fuchsberg Law Center

Section 1983 Cases Arising From Criminal Convictions, Gail Donoghue

Touro Law Review

No abstract provided.


Prosecution Of Excessive Force Cases: Practical Considerations, Stephen M. Ryals 2015 Touro College Jacob D. Fuchsberg Law Center

Prosecution Of Excessive Force Cases: Practical Considerations, Stephen M. Ryals

Touro Law Review

No abstract provided.


Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky 2015 Touro College Jacob D. Fuchsberg Law Center

Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky

Touro Law Review

No abstract provided.


New Issues Arising Under Section 1983, Martin A. Schwartz 2015 Touro Law Center

New Issues Arising Under Section 1983, Martin A. Schwartz

Touro Law Review

No abstract provided.


The Constitution And Revenge Porn, John A. Humbach 2015 Pace University School of Law

The Constitution And Revenge Porn, John A. Humbach

Pace Law Review

While the Supreme Court has recognized a number of circumstances that justify government impingements on free expression, the Court has been extremely reluctant to permit speech restrictions that discriminate based on a message’s content, its viewpoint, or the speaker. It has nearly always refused to tolerate such discrimination unless the case falls within one of the several historically established exceptions to First Amendment protection. Because of the special place that the modern First Amendment cases accord to content discrimination (and the allied discriminations based on viewpoint and speaker), any statutes designed specifically to outlaw revenge porn as such would ...


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