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The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. 2020 University of Tsukuba

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.


Kansas V. Glover And The Issue Of Reasonable Suspicion, Zach Kumar 2020 Duke Law

Kansas V. Glover And The Issue Of Reasonable Suspicion, Zach Kumar

Duke Journal of Constitutional Law & Public Policy Sidebar

It is settled law that an officer may initiate a traffic stop when there is articulable and reasonable suspicion that the person stopped has committed, is committing, or is about to commit a crime. In Kansas v. Glover, the Supreme Court has an opportunity to clarify what constitutes “reasonable suspicion.” The Court will determine whether it is reasonable for an officer to seize a vehicle if the registered owner has a revoked license and there is no information to suggest that the person driving is not the owner of the car. This Commentary argues that the Court should uphold the ...


Symposium: The 19th Amendment At 100: From The Vote To Gender Equality: Woman Suffrage: The Afterstory, Ellen Carol DuBois 2020 The University of Akron

Symposium: The 19th Amendment At 100: From The Vote To Gender Equality: Woman Suffrage: The Afterstory, Ellen Carol Dubois

ConLawNOW

The history of the US woman suffrage movement did not end with the ratification of the Nineteenth Amendment in 1920. While numbers slowly grew of eligible women voting, veterans of the suffrage movement organized to win elective office and use the power of women's votes to gain important legislative gains. This article follows both voting rates and women winning public office up to the revival of feminism in the 1960s.


Separation Of Powers, Partisanship And Impeachment: How Can We Overcome The Partisan Propaganda?, John M. Greabe 2020 University of New Hampshire Franklin Pierce Law School

Separation Of Powers, Partisanship And Impeachment: How Can We Overcome The Partisan Propaganda?, John M. Greabe

Law Faculty Scholarship

[excerpt] "Our Constitutional system divides power horizontally, among the three branches of the federal government, and vertically, between the federal government and the states. We refer to the former division as our "separation of powers" and the latter as our "federalism."


Isolation For Profit: How Privately Provided Video Visitation Services Incentivize Bans On In-Person Visitation Within American Correctional Facilities, J. Tanner Lusk 2020 Washington and Lee University School of Law

Isolation For Profit: How Privately Provided Video Visitation Services Incentivize Bans On In-Person Visitation Within American Correctional Facilities, J. Tanner Lusk

Washington and Lee Journal of Civil Rights and Social Justice

American correctional facilities are banning in-person visitation in lieu of privately provided and expensive video visitation services. This Note discusses the types of private services provided; how video visitation negatively affects inmates’ mental health and finances; and the ongoing legal battle occurring in Knox County, Tennessee, regarding whether the Knox County Jail’s ban on in-person visitation violates the Constitution. Because of the significant degree of deference courts grant correctional facilities when considering whether challenged regulations violate the Constitution, it will be difficult for the Knox County Jail inmates to successfully argue that the jail has violated their constitutional rights ...


Reasonable Doubt And Relativity, Michael D. Cicchini 2020 Cicchini Law Office, LLC

Reasonable Doubt And Relativity, Michael D. Cicchini

Washington and Lee Law Review

In theory, the Constitution protects us against criminal conviction unless the state can prove guilt beyond a reasonable doubt. In reality, this lofty standard is only as strong as the words used to explain it to the jury.

Unfortunately, attempts to explain reasonable doubt often create confusion, and sometimes even diminish the burden of proof. Many courts therefore believe that the better practice is not to attempt a definition. However, empirical studies demonstrate that reasonable doubt is not self-defining, i.e., when it is not explained to the jury, it offers defendants no greater protection against conviction than the two ...


Winning The Waiting Game: How Oklahoma Can Rectify The Discrepancy Between Its No-Impeachment Rule And Peña-Rodriguez V. Colorado, Ryan D. Brown 2020 University of Oklahoma College of Law

Winning The Waiting Game: How Oklahoma Can Rectify The Discrepancy Between Its No-Impeachment Rule And Peña-Rodriguez V. Colorado, Ryan D. Brown

Oklahoma Law Review

No abstract provided.


Is Barrios The Death Knell Of Bosh Claims? The Sovereign Immunity Battle Between The Oklahoma Supreme Court And Legislature Over Constitutional Torts, Hayley Stillwell 2020 University of Oklahoma College of Law

Is Barrios The Death Knell Of Bosh Claims? The Sovereign Immunity Battle Between The Oklahoma Supreme Court And Legislature Over Constitutional Torts, Hayley Stillwell

Oklahoma Law Review

No abstract provided.


Balancing Religious Liberty And Anti-Discrimination Interests In The Public Employment Context: The Impact Of Masterpiece Cakeshop And American Legion, Brenda M. Bauges 2020 Concordia University - Portland

Balancing Religious Liberty And Anti-Discrimination Interests In The Public Employment Context: The Impact Of Masterpiece Cakeshop And American Legion, Brenda M. Bauges

Faculty Scholarship

At the heart of national debate in recent years is the balance between religious liberty and anti-discrimination interests. The Supreme Court’s recent Free Speech and Establishment Clause decisions in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 138 S. Ct. 1719 (2018) and American Legion v. American Humanist Association, 139 S. Ct. 2067 (2019) push the pendulum in this debate towards greater protection of religious liberties, and signal the Court’s preference for context-specific tests for how the Establishment Clause will interact with the broader range of interests protected by the Free Exercise Clause. These cases are especially significant ...


Addiction And Expression, Luke Morgan 2020 University of California, Hastings College of the Law

Addiction And Expression, Luke Morgan

Hastings Constitutional Law Quarterly

Addictive products—such as tobacco, alcohol, and gambling—have been considered legitimate regulatory targets throughout American history and for thousands of years prior. Expressive products—such as newspapers, books, movies, and video games—have in the United States been considered essentially immune from content-based regulation, thanks to the First Amendment. But what if the content of an expressive product makes it addictive? Which tradition must give in: the ancient power of legislatures to protect society at large from the wideranging impacts of addiction, or the legal shield that has generated a thriving culture of artistic independence? This Article is the ...


It’S A Blowhorn, Not A Dog-Whistle: How President Trump’S Travel Ban Orders, Not His Statements, Are Enough To Establish A Violation Under The Religion Clauses, Charles Adside III 2020 University of California, Hastings College of the Law

It’S A Blowhorn, Not A Dog-Whistle: How President Trump’S Travel Ban Orders, Not His Statements, Are Enough To Establish A Violation Under The Religion Clauses, Charles Adside Iii

Hastings Constitutional Law Quarterly

Most bigots speak softly. They use dog-whistles, code words employed to prime bigoted sentiments within the listener. Not President Donald J. Trump; his voice on Islam is like a blow horn. His orders imposing travel bans on seven Muslimmajority countries were just as loud. Although the Trump v. Hawaii Court claimed that the executive order it reviewed was religiously neutral, adherence to precedent reveals that all three executive orders violated the Religion Clauses of the First Amendment. There is much discussion, however, regarding the President’s remarks about Islam. Many jurists conclude that they should be used for interpretative purposes ...


Constitutional Discourse And The Rhetoric Of Treason, J. Richard Broughton 2020 University of California, Hastings College of the Law

Constitutional Discourse And The Rhetoric Of Treason, J. Richard Broughton

Hastings Constitutional Law Quarterly

This Article asserts that treason talk is a form of constitutional discourse. Further, the Article explains that although treason remains a crime worth taking seriously in American criminal and constitutional law, colloquial invocations of treason have the potential to undermine treason’s seriousness and erode its constitutional and historical foundations, as well as diminish an appreciation of its limits. That is particularly true when treason is invoked by a sitting president, whose unique role in constitutional government—and potential to influence criminal prosecutions— requires special caution with respect to public rhetoric about treason. This Article then cites two specific and ...


The First Amendment And Modern Technology: The Free Speech Clause And Chatbot Speech, Hilda Kajbaf 2020 University of California, Hastings College of the Law

The First Amendment And Modern Technology: The Free Speech Clause And Chatbot Speech, Hilda Kajbaf

Hastings Constitutional Law Quarterly

Our contemporary conversations with chatbots raise a constitutional question not previously considered: is the speech produced by chatbots constitutionally protected? If so, whose speech is the Constitution protecting—that of the chatbot or the human who programmed it with algorithms? If the Supreme Court recognizes the human programmer as the speaker of chatbot speech, as this Note contends it should, what are the potential liabilities the programmer could face as a result of such recognition, and how would this change the doctrinal landscape of the First Amendment for government regulation of speech? This Note proceeds in five parts. Section I ...


A Literary Lens Into Constitutional Interpretation And A Possible Synthesis Of Natural And Positive Law: The Silmarillion, Charles Edward Andrew Lincoln IV 2020 Mitchell Hamline School of Law

A Literary Lens Into Constitutional Interpretation And A Possible Synthesis Of Natural And Positive Law: The Silmarillion, Charles Edward Andrew Lincoln Iv

Mitchell Hamline Law Journal of Public Policy and Practice

The nature of identity in the United States lies in the Constitution. Perhaps this is due to “veneration” of the document. It has also been argued that the Declaration of Independence holds a seminal role in the American identity.

The rift seems to occur with the concept of a “living constitution,” whereby the concept of an ever-evolving jurisprudence allows for an evolving interpretation of the Constitution as society changes.

This rift can be demonstrated by the world of J.R.R. Tolkien. In The Lord of the Rings and Silmarillion, the various languages of groups of Middle Earth represent and ...


Commandeering, Preemption, And Vehicle Emissions Regulation Post-Murphy V. Ncaa, Amelia Raether 2020 Northwestern Pritzker School of Law

Commandeering, Preemption, And Vehicle Emissions Regulation Post-Murphy V. Ncaa, Amelia Raether

Northwestern University Law Review

The Clean Air Act is often heralded as a paragon of cooperative federalism. The Act’s approach to vehicle emissions regulation in particular prescribes a unique partnership between the federal government and the state of California: while all states are bound by federally mandated vehicle emissions requirements, California may set more stringent standards in recognition of its historic role on the leading edge of environmental protection. However, in August 2018, the Environmental Protection Agency proposed not only to roll back the national emissions regulations, but also to revoke California’s ability to set more stringent standards, which include limits on ...


Decisions In The Dark: Why "Pregnancy Exclusion" Statutes Are Unconstitutional And Unethical, Shea Flanagan 2020 Northwestern Pritzker School of Law

Decisions In The Dark: Why "Pregnancy Exclusion" Statutes Are Unconstitutional And Unethical, Shea Flanagan

Northwestern University Law Review

Advance health care directives are tools that allow people to state their health care treatment wishes or designate a health care proxy in anticipation of being unable to make those decisions in the future, including preferences to remove life-sustaining medical treatment. However, thirty-six states currently have “pregnancy exclusion” laws that require physicians to void the advance directives of pregnant women receiving life-sustaining treatment. This Note assesses the constitutionality and ethics of state pregnancy exclusion statutes by employing a new five-category typology of current pregnancy exclusion laws. This Note argues that all categories of these statutes violate an individual’s constitutional ...


The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border, Thameshwarie Ghamandi 2019 Barry University School of Law

The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border, Thameshwarie Ghamandi

Child and Family Law Journal

No abstract provided.


The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan 2019 Barry University School of Law

The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan

Child and Family Law Journal

This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries ...


Aboriginal Rights And Constitutional Conflict: The Marshall Court, State Federal And Sovereignty And Native American Rights Under The 1789 Constitution, Guy Charlton 2019 University of New England (Australia)

Aboriginal Rights And Constitutional Conflict: The Marshall Court, State Federal And Sovereignty And Native American Rights Under The 1789 Constitution, Guy Charlton

American Indian Law Journal

No abstract provided.


Extraordinary And Compelling: Madison V. Alabama And The Issue Of Prison Reform For Elderly Prisoners, Jennifer Leto 2019 University of Miami Law School

Extraordinary And Compelling: Madison V. Alabama And The Issue Of Prison Reform For Elderly Prisoners, Jennifer Leto

University of Miami Race & Social Justice Law Review

No abstract provided.


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