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Masthead,
2021
University of California, Hastings College of the Law
Presidential Impunity And The Mueller Report: How The Department Of Justice’S Failure To Subject The Special Counsel Regulations To Notice And Comment Undermined The Rule Of Law,
2021
University of California, Hastings College of the Law
Presidential Impunity And The Mueller Report: How The Department Of Justice’S Failure To Subject The Special Counsel Regulations To Notice And Comment Undermined The Rule Of Law, M. Akram Faizer
Hastings Constitutional Law Quarterly
Department of Justice (“DOJ”) Special Counsel, Robert S. Mueller, III’s two-volume, 448-page Report on the Investigation into Russian Interference in the 2016 Presidential Election (“the Report”), did an outstanding job in evidencing that President Trump’s actions in office satisfied the federal obstruction of justice standards. However, due to Mueller’s limited brief and his concern for maintaining the proper separation of powers, the Report, submitted confidentially to former Attorney General Barr as required by Department of Justice Regulations, abjured a determination as to Presidential criminality. This regulatory confidentiality requirement in conjunction with the requirement that Barr disclose an ...
Foreword,
2021
University of California, Hastings College of the Law
Foreword, Richelle Joy Gernan
Hastings Constitutional Law Quarterly
No abstract provided.
Disability Rights And The Louisiana Constitution,
2021
University of California, Hastings College of the Law
Disability Rights And The Louisiana Constitution, Derek Warden
Hastings Constitutional Law Quarterly
The Louisiana Constitution contains three Equal Protection Clauses. Article I, section 3 prohibits discriminatory laws; but, as an original matter, should prohibit both discriminatory laws and government conduct. Article I, section 12 prohibits discrimination by individuals (government or private) in regard to access to public places. Finally, article I, section 2, the Due Process Clause, also contains an Equal Protection component. Each clause prohibits discrimination on the basis of “physical condition,” which contains a general “disability” component. Based upon statements from the Louisiana Constitutional Convention and other modalities of constitutional argument, this article concludes that these clauses—individually and in ...
Presidential Removal: Impeachment As A Tool To Promote Democracy In Haïti,
2021
University of California, Hastings College of the Law
Presidential Removal: Impeachment As A Tool To Promote Democracy In Haïti, Brynna Bolt
Hastings Constitutional Law Quarterly
No abstract provided.
Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida,
2021
United States Air Force
Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida, Jefferson D. Reynolds
Journal of Natural Resources & Environmental Law
No abstract provided.
Expulsion From Egyptian Parliament Based On The Expression Of Opinion "A Case,
2021
United Arab Emirates University
Expulsion From Egyptian Parliament Based On The Expression Of Opinion "A Case
Journal Sharia and Law
Six members have been removed from the Egyptian parliament since the promulgation of the Egyptian constitution in 1971. Expulsion in these cases have been based on different grounds. The case chosen here has been based on a member's loud shouting against the president of the country. The significance of this case is the test it presents to the freedom of expression, especially by an M. P. The number of violations of constitutional and legal principles in the proceedings of this case is striking. To start with, the speaker of the house have abandoned his neutrality by ordering investigation of ...
Government Ideologies And Islamic Centrism,
2021
Faculty of Law, University of Alexandria
Government Ideologies And Islamic Centrism, Prof. Majed Ragheb Ei-Helw
Journal Sharia and Law
For some time in the recent past, certain states have based their system of government on particular ideologies dominant in modern times. However, experience has shown that these ideologies have in no way contributed to the fulfilment of cherished goals. Individualism and Marxism came to the fore, and between them shared the majority of countries, sowing the seeds of dissention among them. Individualism made the individual the ultimate end of the state. It, therefore, emphasized and legitimated human rights and freedoms, but only at the expense of the group and the weaker segments of society. The adoption of absolute individualism ...
الطائفية والنظام الدستوري في لبنان,
2021
United Arab Emirates University
Second-Class Rights And Second-Class Americans: Applying Carolene Products Footnote Four And The Court’S Enforcement Of Nationally Accepted Norms Against Local Outlier Jurisdictions In Second Amendment Enforcement Litigations,
2021
The Catholic University of America, Columbus School of Law
Second-Class Rights And Second-Class Americans: Applying Carolene Products Footnote Four And The Court’S Enforcement Of Nationally Accepted Norms Against Local Outlier Jurisdictions In Second Amendment Enforcement Litigations, Mark W. Smith
Catholic University Law Review
In the years since deciding District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010), the Supreme Court has largely abandoned the role of protecting American gun owners despite the text, history, and tradition of the Second Amendment’s right to keep and bear arms. The Supreme Court has failed to use the jurisprudential tools at its disposal to ensure that the fundamental right to arms is protected as robustly as other enumerated constitutional rights. This failure is an acute one. And it is unjustifiable across a wide variety of jurisprudential methodologies, from originalism to the non-originalist ...
All For Nothing?: Executive Authority And Congressional Evasion On Arms Sales,
2021
The Catholic University of America, Columbus School of Law
All For Nothing?: Executive Authority And Congressional Evasion On Arms Sales, Margaret M. Murphy
Catholic University Law Review
On August 17, 2018, CNN reported that Lockheed Martin manufactured a bomb that killed dozens of Yemeni schoolchildren in Northern Yemen. Saudi Arabia purchased the bomb in an arms deal authorized under the Arms Export Control Act, the statute in which Congress delegates to the President authority to control the import and export of arms. Under the Act, the President must comply with reporting and waiting periods allowing time for Congress to oppose a sale by enacting a joint resolution. However, the Act allows the President to sell arms in an emergency without notice or waiting periods. President Trump invoked ...
Constitutional Regulations Of Liberties And Fundamental Right S,
2021
United Arab Emirates University
Constitutional Regulations Of Liberties And Fundamental Right S
Journal Sharia and Law
Human rights has been safeguarded through several means (e.g. political, judicial, legal). Constitution is one of the legal means to establish and protect basic human rights. A constitution lay down between an external party ( i.e. international covenants ) and an internal party ( i.e. national legislation ). It is important, therefore, to demonstrate the links among the three parties.
The prime question of this article is : what is the role of the constitution in regulating and safeguarding liberties and fundamental rights ? It will discuss this issue with especial reference to the practice in the Arab Countries.
The constitution usually classifies ...
Where's The Beef?: A Guide To Judges On Preemption Of State Tort Litigation Involving Branded Drugs,
2021
Shook, Hardy & Bacon, LLP
Where's The Beef?: A Guide To Judges On Preemption Of State Tort Litigation Involving Branded Drugs, Victor E. Schwartz, Christopher E. Appel
University of Cincinnati Law Review
No abstract provided.
Constitutional Amendment In The United Arab Emirates,
2021
United Arab Emirates University
Constitutional Amendment In The United Arab Emirates
Journal Sharia and Law
The constitution of the United Arab Emirates of 1971 created a federal system composed of seven emirates.
Federal constitutions distribute legislative power bet ween the two layers of government. The distribution of legislative power in the federal systems is an important aspect of these constitutions.
The existence of the distribution of legislative power in the federal constitutions and the fact that these constitutions preserve the existence and powers of the two layers of government make it inappropriate and unacceptable to entrust one layer of government with the power to amend the federal constitution.
There is a need i n each ...
Symposium: Examining Black Citizenship From Reconstruction To Black Lives Matter: Falling Short Of The Promise Of The Thirteenth Amendment: Time For Change,
2021
The University of Akron
Symposium: Examining Black Citizenship From Reconstruction To Black Lives Matter: Falling Short Of The Promise Of The Thirteenth Amendment: Time For Change, Michael A. Lawrence
ConLawNOW
This Essay seeks to shine additional light on the potential of the underutilized Thirteenth Amendment (as contrasted to the much-litigated Fourteenth Amendment Equal Protection Clause) for advancing racial justice and equity. The Essay suggests the Thirteenth Amendment provides strong constitutional basis for an unapologetic embrace of the sorts of new, race-conscious measures that will be necessary to begin to achieve true racial equity in a country that for centuries has erected massive structural barriers to Black opportunity and advancement
The Distribution Of Power In The Federal Systems Of The United Arab Emirates And The Federal Republic Of Germany,
2021
United Arab Emirates University
The Distribution Of Power In The Federal Systems Of The United Arab Emirates And The Federal Republic Of Germany
Journal Sharia and Law
The Federal system is a system of government in which two levels of government share the power in one country. The two levels of government derive their powers from a federal cons - tuition. The federal constitution distributes power between the two levels of government and insures the co-independence of the two levels of government.
There are several forms of distribution of powers between the levels of government in the federal system. The form of distribution of power and its gradual change is affected by the different factors in the country.
The paper starts with stressing the importance of distribution of ...
The New Managerialism: Courts, Positive Duties, And Economic And Social Rights,
2021
Boston College Law School
The New Managerialism: Courts, Positive Duties, And Economic And Social Rights, Katharine G. Young
Boston College Law School Faculty Papers
An inseparable component of liberal constitutionalism is the respect accorded to so-called negative rights, which rest on duties of government restraint. But just as governments must have their hands tied, in this model, they must also work to secure rights, by actively and effectively planning, regulating, budgeting, and monitoring. These positive duties are particularly pronounced for so-called positive rights, which guarantee access to goods, services and opportunities such as social security, education, health care, land, food, water, sanitation, or to a clean environment. Of course, it is clear that so-called negative rights require both duties of commission and restraint; just ...
Confrontation's Multi-Analyst Problem,
2021
Georgetown University Law Center
Confrontation's Multi-Analyst Problem, Paul F. Rothstein, Ronald J. Coleman
Georgetown Law Faculty Publications and Other Works
The Confrontation Clause in the Sixth Amendment affords the “accused” in “criminal prosecutions” the right “to be confronted with the witnesses against” them. A particular challenge for courts over at least the last decade-plus has been the degree to which the Confrontation Clause applies to forensic reports, such as those presenting the results of a DNA, toxicology, or other CSI-type analysis. Should use of forensic reports entitle criminal defendants to confront purportedly “objective” analysts from the lab producing the report? If so, which analyst or analysts? For forensic processes which require multiple analysts, should the prosecution be required to produce ...
The Canons Of Social And Economic Rights,
2021
Boston College Law School
The Canons Of Social And Economic Rights, Katharine G. Young
Boston College Law School Faculty Papers
Social and economic rights occupy an unsettled place in any global canon of constitutional democracy and human rights. This Article, appearing in a collection of Global Canons in an Age of Uncertainty (S. Choudhry, M. Hailbronner & M. Kumm, eds., OUP) recommends a contender for canonical status, at the same time as it problematizes the search. Insofar as the search for a canon reveals the boundaries of what may be considered exemplary claims of constitutional and democratic practice, the 2000 South African case of Republic of South Africa v. Grootboom is canonical for its treatment of social and economic rights. This ...
Foreword,
2021
University of California, Hastings College of the Law
Foreword, Richelle Joy Gernan
Hastings Constitutional Law Quarterly
No abstract provided.
