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Scarce Medical Resources – Parenthood At Every Age, In Every Case And Subsidized By The State?, yehezkel Margalit 2015 SelectedWorks

Scarce Medical Resources – Parenthood At Every Age, In Every Case And Subsidized By The State?, Yehezkel Margalit

Hezi 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 ...


Conscience And Complicity: Assessing Pleas For Religious Exemptions In Hobby Lobby's Wake, Amy Sepinwall 2015 Legal Studies & Business Ethics/Wharton University of Pennsylvania

Conscience And Complicity: Assessing Pleas For Religious Exemptions In Hobby Lobby's Wake, Amy Sepinwall

Amy J. Sepinwall

In the paradigmatic case of conscientious objection, the objector claims that his religion forbids him from actively participating in a wrong (e.g., by fighting in a war). In the religious challenges to the Affordable Care Act’s employer mandate, on the other hand, employers claim that their religious convictions forbid them from merely subsidizing insurance through which their employees might commit a wrong (e.g., by using contraception). The understanding of complicity underpinning these challenges is vastly more expansive than what standard legal doctrine or moral theory contemplates. Courts routinely reject claims of conscientious objection to taxes that fund ...


Show And Tell?: Students' Personal Lives, Schools, And Parents, Emily Gold Waldman 2015 Pace University School of Law

Show And Tell?: Students' Personal Lives, Schools, And Parents, Emily Gold Waldman

Pace Law Faculty Publications

Public schools learn about their students' personal lives in many ways. Some are passive: a teacher observes a student kissing someone, or overhears a conversation among friends. But schools also engage in more active information-gathering about students' personal lives, through surveys and informal conversations between students and teachers, administrators, school psychologists, counselors, coaches, and other personnel. This Article explores the competing privacy considerations that result from such encounters. Once schools have learned highly personal information about their students, does it violate those students' privacy rights to disclose that information to their parents? Or does keeping the information secret violate the ...


Executing On An Empty Tank: Protecting The Supply Of Lethal Injection Drugs From Public Records Requests, Ira K. Rushing 2015 Mississippi College School of Law

Executing On An Empty Tank: Protecting The Supply Of Lethal Injection Drugs From Public Records Requests, Ira K. Rushing

Ira K Rushing

With the US Supreme Court holding the death penalty and lethal injection as Constitutional, there has been a new strategy for condemned prisoners. Using public information requests to discover the identities of the suppliers of lethal injection drugs and others in ancillary roles, the media has broad range to publish this information. This has led to many suppliers and compounding pharmacies to withhold supplies of the drugs to states using them in executions.

This paper lays out a history of the death penalty in Mississippi that has gotten us to this point. It then attempts to provide persuasive arguments on ...


Eliminating Undue Burdens To Women's Health: Reproductive Justice Under A “Contexual Intent” Standard, Katie L. Filous 2015 DePaul University

Eliminating Undue Burdens To Women's Health: Reproductive Justice Under A “Contexual Intent” Standard, Katie L. Filous

Katie L. Filous

By examining Jackson Women’s Health Organization, et. al. v. Mary Currier, et. al., this article will advocate for the position that the Supreme Court should utilize a “contextual intent” standard in reproductive justice cases in which “undue burdens” and “substantial obstacles” are being evaluated. Part I of the article will discuss the shift from reproductive “rights” to reproductive “justice” by discussing various state legislatures’ attempts at restricting abortion in conjunction with Ian Haney Lopez’s “contextual intent” theory. Part II will discuss the historical roots of varying analyses of reproductive justice cases, from public health and safety to fetal ...


Testimonial Is As Testimonial Does, Ben Trachtenberg 2015 University of Florida Levin College of Law

Testimonial Is As Testimonial Does, Ben Trachtenberg

Florida Law Review

In the decade since Crawford v. Washington declared “testimony” to be the touchstone of the Confrontation Clause, courts—from the humblest criminal trial court to the Supreme Court itself—have struggled with two problems. First, defining “testimonial” has proven difficult. Second, in certain cases, the results of defining “testimonial” as Crawford would seem to require have proven unappealing. Justice Antonin Scalia, the author of the majority opinion in Crawford and the most vocal cheerleader of its new doctrine, has consequently had trouble maintaining a majority of Justices for what would seem to be straightforward applications of the opinion. Professor Richard ...


The Mold That Shapes Hearsay Law, Richard D. Friedman 2015 University of Florida Levin College of Law

The Mold That Shapes Hearsay Law, Richard D. Friedman

Florida Law Review

In response to an article previously published in the Florida Law Review by Professor Ben Trachtenberg, Professor Friedman argues that the historical thesis of Crawford v. Washington is basically correct: The Confrontation Clause of the Sixth Amendment reflects a principle about how witnesses should give testimony, and it does not create any broader constraint on the use of hearsay. Friedman argues that this is an appropriate limit on the Clause, and that in fact for the most part there is no good reason to exclude nontestimonial hearsay if live testimony by the declarant to the same proposition would be admissible ...


From Wolves, Lambs (Part I): The Eighth Amendment Case For Gradual Abolition Of The Death Penalty, Kevin Barry 2015 University of Florida Levin College of Law

From Wolves, Lambs (Part I): The Eighth Amendment Case For Gradual Abolition Of The Death Penalty, Kevin Barry

Florida Law Review

This spring, the Connecticut Supreme Court will take up a novel question, unprecedented in modern death penalty jurisprudence: Can a state gradually abolish its death penalty? Restated, can it leave the sentences of those currently on death row in place but abolish the death penalty going forward? This Article argues that it can. On simple statutory construction grounds, “prospective-only” repeals of death penalty legislation are not given retroactive effect. Although the constitutional considerations are admittedly less straightforward, prospective-only repeals do not offend the Constitution. The death penalty remains constitutional per se under the Eighth Amendment, and “as-applied” challenges under Atkins ...


Understanding Political Systems: A Comment On Methods Of Comparative Research, T. Koopmans 2015 Court of Justice of the European Communities

Understanding Political Systems: A Comment On Methods Of Comparative Research, T. Koopmans

Georgia Journal of International & Comparative Law

No abstract provided.


Immigration - Due Process - The Availability Of Constitutional Safeguards To Detained Cuban Aliens, Garcia-Mir V. Meese, 788 F.2d 1446 (11th Cir. 1986), Cert. Denied, 107 S. Ct. 289 (1986)., Elizabeth G. Marlowe 2015 University of Georgia School of Law

Immigration - Due Process - The Availability Of Constitutional Safeguards To Detained Cuban Aliens, Garcia-Mir V. Meese, 788 F.2d 1446 (11th Cir. 1986), Cert. Denied, 107 S. Ct. 289 (1986)., Elizabeth G. Marlowe

Georgia Journal of International & Comparative Law

No abstract provided.


Continuing The Constitutional Dialogue: A Discussion On Justice Stevens's Establishment Clause And Free Exercise Jurisprudence, Alan Brownstein 2015 Northwestern University School of Law

Continuing The Constitutional Dialogue: A Discussion On Justice Stevens's Establishment Clause And Free Exercise Jurisprudence, Alan Brownstein

Northwestern University Law Review

No abstract provided.


A Fixture On A Changing Court: Justice Stevens And The Establishment Clause, Erwin Chemerinsky 2015 Northwestern University School of Law

A Fixture On A Changing Court: Justice Stevens And The Establishment Clause, Erwin Chemerinsky

Northwestern University Law Review

No abstract provided.


Jennings V. Stephens And Judicial Efficiency In Habeas Appeals, Eric O'Brien 2015 Duke Law

Jennings V. Stephens And Judicial Efficiency In Habeas Appeals, Eric O'Brien

Duke Journal of Constitutional Law & Public Policy Sidebar

This commentary previews the Supreme Court case Jennings v. Stevens which deals with several areas of federal habeas corpus law and procedure. The Court will consider, inter alia, whether a habeas petitioner who succeeds in federal district court nevertheless needs to request a certificate of appealability to bring an alternate grounds for habeas relief at the appellate level. Further, the Court can resolve a major circuit split on whether a court considering an ineffective assistance of counsel claim should consider each instance of ineffective assistance as a single claim or as all parts of one claim. Eric O'Brien suggests ...


The Doctrine Of True Threats: Protecting Our Ever-Shrinking First Amendment Rights In The New Era Of Communication, Mary M. Roark 2015 University of Mississippi Main Campus

The Doctrine Of True Threats: Protecting Our Ever-Shrinking First Amendment Rights In The New Era Of Communication, Mary M. Roark

Mary M Roark

The First Amendment provides that “Congress shall make no law . . . abridging the freedom of speech.” Such protection has withstood the test of time and is heralded as one of our most precious rights as Americans. “The hallmark of the protection of free speech is to allow ‘free trade in ideas’—even ideas that the overwhelming majority of people might find distasteful or discomforting." However, “[t]here are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which has never been thought to raise any Constitutional problem."

One such proscribable form of speech is the “true threat ...


Unscrambling The Curate’S Egg- The High Court’S Act Same Sex Marriage Decision, Neil J. Foster 2015 University of Newcastle, NSW, Australia

Unscrambling The Curate’S Egg- The High Court’S Act Same Sex Marriage Decision, Neil J. Foster

Neil J Foster

Discusses and critiques the decision of the High Court of Australia in the ACT Same Sex Marriage case [2013] HCA 55.


Save Elections From Secret Money People, Luke M. Scheuer 2015 Widener Law

Save Elections From Secret Money People, Luke M. Scheuer

Luke M Scheuer

No abstract provided.


Constitutional Law – Warrantless Searches – Whether The Search Incident To Arrest Exception Should Apply To Data Stored On Cellular Phones, Jeremy Ray 2015 University of Tennessee, Knoxville

Constitutional Law – Warrantless Searches – Whether The Search Incident To Arrest Exception Should Apply To Data Stored On Cellular Phones, Jeremy Ray

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


The Meaning Of The Seventeenth Amendment And A Century Of State Defiance, Zachary D. Clopton, Steven E. Art 2015 Northwestern University School of Law

The Meaning Of The Seventeenth Amendment And A Century Of State Defiance, Zachary D. Clopton, Steven E. Art

Northwestern University Law Review

No abstract provided.


Originalism And The Ratification Of The Fourteenth Amendment, Thomas B. Colby 2015 Northwestern University School of Law

Originalism And The Ratification Of The Fourteenth Amendment, Thomas B. Colby

Northwestern University Law Review

No abstract provided.


Agency Adjudication And Judicial Nondelegation: An Article Iii Canon, Mila Sohoni 2015 Northwestern University School of Law

Agency Adjudication And Judicial Nondelegation: An Article Iii Canon, Mila Sohoni

Northwestern University Law Review

No abstract provided.


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