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A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz 2018 Rutgers Law School - Newark

A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz

Sahar F. Aziz

Being political scapegoats in the indefinite ‘war on terror’ is the new normal for Muslims in America. With each federal election cycle or terrorist attack in a Western country comes a spike in Islamophobia. Candidates peddle tropes of Muslims as terrorists in campaign materials and political speeches to solicit votes. Government officials call for bold measures – extreme vetting, bans, and mass deportations – to regulate and exclude Muslim bodies from U.S. soil. The racial subtext is that Muslims in the United States are outsiders who do not belong to the political community. A case in point is the “Muslim Ban ...


Chance To Change: Jennings V. Rodriguez As A Chance To Bring Due Process To A Broken Detention System, Joe Bianco 2018 Duke Law

Chance To Change: Jennings V. Rodriguez As A Chance To Bring Due Process To A Broken Detention System, Joe Bianco

Duke Journal of Constitutional Law & Public Policy Sidebar

Jennings v. Rodriguez will determine whether specific classes of detained noncitizens will be entitled to bond hearings before Immigration Judges moving forward. The challenge comes from the Ninth Circuit, which, with the Second Circuit, mandates bond hearings for some detainees automatically after six months. Those Circuits found that after that point, the detention was arbitrary without a showing by the Government of why the noncitizen needed continued detention. The Government seeks to retain the current system, where the noncitizen’s detention release is entirely at the Government’s discretion. This commentary sets out the case and argues that the better ...


Economic Protectionism: Irrationally Constitutional, Joshua Park 2018 Pepperdine University

Economic Protectionism: Irrationally Constitutional, Joshua Park

Pepperdine Law Review

The Constitution is built on the principle that all citizens are created equal. Naturally, we believe that no law should be passed solely for the sake of benefiting one group over another. Yet, governments continue to pass economic regulations that have no purpose other than maintaining wealth within a specific group, and the judiciary continues to uphold such regulations. While the judiciary purports to uphold challenged legislation only if it passes “rational basis review,” the term “review” is a misnomer because the analysis has essentially become automatic deference. Under the judiciary’s modern treatment of the Equal Protection Clause, successfully ...


Journal Staff, 2018 Duke Law

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Fair Use And First Amendment: Without Fair Use, What Would You Freely Speak About?, Adam Blaier 2018 Pace University

Fair Use And First Amendment: Without Fair Use, What Would You Freely Speak About?, Adam Blaier

Pace Intellectual Property, Sports & Entertainment Law Forum

The question this paper tries to answer is: Without fair use, what would you freely speak about? This paper will seek to demonstrate that the Copyright Clause’s Fair Use doctrine, and the First Amendment are cousins who help each other, rather than enemies sworn to destroy each other as some believe. First I will give a brief overview and history of each doctrine. Next I will speak about three areas where I believe fair use and the First Amendment cross paths extensively. These areas are: (1) school/education; (2) social media and news; and (3) sports images/broadcasting. Finally ...


Fourth & Inches: Marking The Line Of Athletes’ Free Speech (A Colin Kaepernick Inspired Discussion), Ryan J. McGinty 2018 Pace University

Fourth & Inches: Marking The Line Of Athletes’ Free Speech (A Colin Kaepernick Inspired Discussion), Ryan J. Mcginty

Pace Intellectual Property, Sports & Entertainment Law Forum

This note addresses the ongoing controversial stance that was ignited when Colin Kaepernick refused to stand for the playing of the national anthem in protest of what he deems are wrongdoings against African Americans and minorities in the United States. The scope of this note does not surround Kaepernick himself, but rather the professional NFL football player in general. Specifically, players are entitled to the full rights of free expression and free speech as human beings and public figures, up and until the line where that right is abused on the field or “on the job,” thereby threatening an increase ...


Enforcing Constitutional Rights Through Computer Code, Steve Young 2018 The Catholic University of America, Columbus School of Law

Enforcing Constitutional Rights Through Computer Code, Steve Young

Catholic University Journal of Law and Technology

Lawmaking and enforcement has advanced since Hammurabi first wrote out his legal code thousands of years ago. Today, the American legal system relies on legislatively-enacted federal, state, county, and municipal legal codes, agency-created regulations, the judge-made common law, and various law enforcement entities. This can be a confusing and complex system of rules and their explanations with varying degrees of enforcement. Blockchain technology is an automatic and efficient alternative to written codes that must be humanly-enforced. There has been limited scholarly interest in the implications of a legal application of blockchain technology to a political system but there have been ...


The Letter And The Spirit: A Unified Theory Of Originalism, Randy E. Barnett, Evan Bernick 2018 Georgetown University Law Center

The Letter And The Spirit: A Unified Theory Of Originalism, Randy E. Barnett, Evan Bernick

Georgetown Law Faculty Publications and Other Works

The concept of constitutional construction is of central importance to originalist theory but is both underdeveloped and controversial among originalists. Some object that its apparent open-endedness undermines the constraining virtues of originalism and exposes citizens to arbitrary judicial power. In this Article, we respond to this challenge by presenting an originalist theory of constitutional construction that can guide and constrain judicial activity within the “construction zone.” When combined with an originalist theory of constitutional interpretation, our approach yields a unified theory of originalism.

Our theory of constitutional construction draws upon a familiar common-law concept long used in contract and fiduciary ...


Why Deporting Immigrants For “Crimes Involving Moral Turpitude” Is Now Unconstitutional, Lindsay M. Kornegay, Evan Tsen Lee 2018 Duke Law

Why Deporting Immigrants For “Crimes Involving Moral Turpitude” Is Now Unconstitutional, Lindsay M. Kornegay, Evan Tsen Lee

Duke Journal of Constitutional Law & Public Policy

In the best of times, immigrants should only be deported according to the rule of law and not by the whim of executive branch officials. Now, it is imperative. Yet the statute authorizing removal of immigrants for “crimes involving moral turpitude” invites officials to base their prosecutorial choices on political or personal views. As a result, defense attorneys advising their clients on the immigration consequences of pleas have no basis for prediction. Although the Supreme Court long ago rejected the argument that the “moral turpitude” clause was void for vagueness, one of the Court’s most recent decisions now makes ...


“Safe Spaces” And The Educational Benefits Of Diversity, Vinay Harpalani 2018 Duke Law

“Safe Spaces” And The Educational Benefits Of Diversity, Vinay Harpalani

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Loyal Denominatorism And The Fourteenth Amendment: Normative Defense And Implications, Christopher R. Green 2018 Duke Law

Loyal Denominatorism And The Fourteenth Amendment: Normative Defense And Implications, Christopher R. Green

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Procedural Checks: How The Constitution (And Congress) Control The Power Of The Three Branches, Todd David Peterson 2018 Duke Law

Procedural Checks: How The Constitution (And Congress) Control The Power Of The Three Branches, Todd David Peterson

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Supreme Court_ How The Indian Judiciary Handles The Civil Disobedience Will Determine Its Future — Quartz.Pdf, Shubhankar Dam 2018 SMU School of Law

Supreme Court_ How The Indian Judiciary Handles The Civil Disobedience Will Determine Its Future — Quartz.Pdf, Shubhankar Dam

Shubhankar Dam

A civil disobedience is underway in the supreme court of India. It’s unique: The custodians of power are disobeying, praying to the people’s court. It has flashed a rare spotlight on the court’s inner workings—for a dismayed people to see, study, and summate. Ordinarily, judges shun the media, speak only in court, to lawyers and litigants, and through their decisions. Not this time. Four senior judges abandoned the honouredcode; they went public. What they alleged reveals disquiet in the office of the chief justice. This act will haunt India. It exposes divisions among judges, doubts the ...


Congressional Control Of Presidential Pardons, Glenn H. Reynolds 2018 University of Tennessee

Congressional Control Of Presidential Pardons, Glenn H. Reynolds

Nevada Law Journal Forum

The reach of the presidential pardon power has been much in the news of late (for a variety of reasons). It is well established that the pardon power is plenary; that it can be exercised in advance of formal criminal charges being filed; and that it does not extend to state crimes; but there remain many unsettled (and unsettling) questions. Can a president pardon himself? Can a pardon, though perfectly lawful in itself, constitute obstruction of justice? Can a president use a pardon, issued in advance of criminal activity, to insulate an actor from criminal liability before the criminal act ...


Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology, Theodore Walker 2018 Southern Methodist University

Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology, Theodore Walker

Perkins Faculty Research and Special Events

This MLK Jr-inspired ecotheology [eco-theology] connects “economics,” “ecology,” and “ecological civilization” to the theological ethics of Rev. Dr. Martin Luther King Jr.

Though we often remember King primarily as a domestic civil rights leader; attention to King’s book—Where Do We Go from Here: Chaos or Community? (1967) reveals that he advanced a global ethics. King called for replacing recourse to war with nonviolent resistance to evil, and for abolishing poverty throughout “the world house.” He prescribed that we “civilize ourselves by the total, direct and immediate abolition of poverty.” King was concerned with civilizing “the world house” (house ...


Hb 280 - Campus Carry, Taylor Morgan Koshak, Nicholas J. Roger 2018 Georgia State University College of Law

Hb 280 - Campus Carry, Taylor Morgan Koshak, Nicholas J. Roger

Georgia State University Law Review

The Act broadens lawful gun owners’ rights by allowing weapons carry license holders to carry concealed guns on property owned or leased by public institutions of postsecondary education. The Act creates exceptions for sporting events, student housing, childcare spaces, classes for a college and career academy and other specialized schools, classrooms for dual enrollment programs, and spaces for administrative disciplinary proceedings. The law creates a misdemeanor penalty for noncompliance, and provides definitions for clarification.


Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn 2018 Georgia State University College of Law

Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn

Georgia State University Law Review

The Act amends Georgia’s eminent domain laws by providing an exception to the general rule that condemnations cannot be converted to any use, other than a public use, for twenty years. The Act creates a new procedure which requires the condemnor to petition the jurisdiction’s superior court to determine whether the property is blighted property. Additionally, the condemnor must provide notice to all owners of the alleged blighted property. If the court finds the land is blighted property, the condemnor must file a petition to condemn the property according to the established procedure set forth in Article 3 ...


Rethinking The Dormant Commerce Clause?: Climate Change And Food Security, Michael Barsa 2018 Northwestern Pritzker School of Law

Rethinking The Dormant Commerce Clause?: Climate Change And Food Security, Michael Barsa

Northwestern Journal of Law & Social Policy

No abstract provided.


Soda Taxes As A Legal And Social Movement, David A. Dana, Janice Nadler 2018 Northwestern Pritzker School of Law

Soda Taxes As A Legal And Social Movement, David A. Dana, Janice Nadler

Northwestern Journal of Law & Social Policy

No abstract provided.


Get Off My Porch: United States V. Carloss And The Escalating Dangers Of “Knock And Talks”, Skyler K. Sikes 2018 University of Oklahoma College of Law

Get Off My Porch: United States V. Carloss And The Escalating Dangers Of “Knock And Talks”, Skyler K. Sikes

Oklahoma Law Review

No abstract provided.


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