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Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati 2018 Duke Law School

Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati

Faculty Scholarship

On June 11, 2017, Puerto Rico held a referendum on its legal status. Although turnout was low, 97% of ballots favored statehood, rather than independence or the status quo. The federal government, however, has financial and political reasons to resist this preference: Puerto Rico would bring with it a massive, unpayable debt, and the potential to swing the current balance of power in Congress. That then raises the two questions of whether Congress could decide expel Puerto Rico (give it “independence”) or is legally required to give it statehood (“accession”).

The answers are not obvious. International law, we argue, suggests ...


Constitutions And Bills Of Rights: Invigorating Or Placating Democracy?, Brian Christopher Jones 2017 University of Dundee

Constitutions And Bills Of Rights: Invigorating Or Placating Democracy?, Brian Christopher Jones

Brian Christopher Jones

Champions of constitutions and bills of rights regularly portray them as possessing significant, sometimes mysterious, powers. One characterisation is that newly implemented constitutions may invigorate a democracy, particularly at the ballot box. This article challenges that notion. In particular, it examines a number of jurisdictions that have recently implemented constitutions and bill of rights, finding that in many of them, voter turnout decreased after passage, sometimes significantly. As the argument for a codified British constitution endures, the findings of this paper provide provisional evidence that those advocating for such a device should be wary of touting its potentially invigorating democratic ...


Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan 2017 Florida State University College of Law

Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan

Erin Ryan

This Article explores the use of federalism and secession as tools for managing regional conflict within pluralist governance, drawing on underappreciated features of the American experience.  Epic struggles to balance autonomy with interdependence have taken on new urgency as dissatisfaction with globalization inspires political cataclysms unimaginable just a few years ago—including ‘Brexit’ from the European Union and American threats to leave NATO.  The same impetus toward devolution also surfaces in heated intra-national conflicts.  Recent calls for secession in Scotland, Catalonia, Québec, the Sudan, and even the United States reveal multiple political contexts in which questions have been raised about ...


The Supreme Court And The Religion Clauses: 1982 And 1984 Terms, Donald H. J. Herman, Esquire 2017 St. John's University School of Law

The Supreme Court And The Religion Clauses: 1982 And 1984 Terms, Donald H. J. Herman, Esquire

The Catholic Lawyer

No abstract provided.


Discovery And Use Of Church Records By Civil Authorities, David J. Young, Esquire, Steven W. Tigges, Esquire 2017 St. John's University School of Law

Discovery And Use Of Church Records By Civil Authorities, David J. Young, Esquire, Steven W. Tigges, Esquire

The Catholic Lawyer

No abstract provided.


The Constitutionality Of State Labor Relations Board Jurisdiction Over Parochial Schools: Catholic High School Association V. Culvert, 2017 St. John's University School of Law

The Constitutionality Of State Labor Relations Board Jurisdiction Over Parochial Schools: Catholic High School Association V. Culvert

The Catholic Lawyer

No abstract provided.


Abortion And The Conscience Of The Nation, Ronald Reagan 2017 St. John's University School of Law

Abortion And The Conscience Of The Nation, Ronald Reagan

The Catholic Lawyer

No abstract provided.


Justice O'Connor, The Constitution, And The Trimester Approach To Abortion: A Liberty On A Collision Course With Itself, Richard F. Duncan 2017 St. John's University School of Law

Justice O'Connor, The Constitution, And The Trimester Approach To Abortion: A Liberty On A Collision Course With Itself, Richard F. Duncan

The Catholic Lawyer

No abstract provided.


Constitutionality Of Legislation Denying Tax Exempt Status To Racially Discriminatory Schools, Eileen M. Hanrahan, Esq. 2017 St. John's University School of Law

Constitutionality Of Legislation Denying Tax Exempt Status To Racially Discriminatory Schools, Eileen M. Hanrahan, Esq.

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - Ii. Legislative Update, James Robinson, Director Government Liaison, United States Catholic Conference 2017 St. John's University School of Law

Human Life Federalism Amendment - Ii. Legislative Update, James Robinson, Director Government Liaison, United States Catholic Conference

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - I. Legal Aspects, Professor Lynn D. Wardle, Brigham Young University 2017 St. John's University School of Law

Human Life Federalism Amendment - I. Legal Aspects, Professor Lynn D. Wardle, Brigham Young University

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - I. Legal Aspects, Professor John S. Noonan, University of California 2017 St. John's University School of Law

Human Life Federalism Amendment - I. Legal Aspects, Professor John S. Noonan, University Of California

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - I. Legal Aspects, Dennis J. Horan, Esq. 2017 St. John's University School of Law

Human Life Federalism Amendment - I. Legal Aspects, Dennis J. Horan, Esq.

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - I. Legal Aspects, Wilfred R. Caron, General Counsel, United States Catholic Conference 2017 St. John's University School of Law

Human Life Federalism Amendment - I. Legal Aspects, Wilfred R. Caron, General Counsel, United States Catholic Conference

The Catholic Lawyer

No abstract provided.


Federal Tuition Tax Credits And The Establishment Clause: A Constitutional Analysis, David J. Young, Steven W. Tigges 2017 St. John's University School of Law

Federal Tuition Tax Credits And The Establishment Clause: A Constitutional Analysis, David J. Young, Steven W. Tigges

The Catholic Lawyer

No abstract provided.


The Unconstitutionality Of Exclusive Governmental Support Of Entirely Secularistic Education, Daniel D. McGarry 2017 St. John's University School of Law

The Unconstitutionality Of Exclusive Governmental Support Of Entirely Secularistic Education, Daniel D. Mcgarry

The Catholic Lawyer

No abstract provided.


The Constitutionality Of Federal Aid To Parents Of Nonpublic Schoolchildren, Rev. Peter M. J. Stravinskas 2017 St. John's University School of Law

The Constitutionality Of Federal Aid To Parents Of Nonpublic Schoolchildren, Rev. Peter M. J. Stravinskas

The Catholic Lawyer

No abstract provided.


Constitutional Crisis, Sen. Daniel Patrick Moynihan 2017 St. John's University School of Law

Constitutional Crisis, Sen. Daniel Patrick Moynihan

The Catholic Lawyer

No abstract provided.


The Ecology Of Transparency Reloaded, Seth F. Kreimer 2017 University of Pennsylvania Law School

The Ecology Of Transparency Reloaded, Seth F. Kreimer

Faculty Scholarship

As Justice Stewart famously observed, "[t]he Constitution itself is neither a Freedom of Information Act nor an Official Secrets Act." What the Constitution's text omits, the last two generations have embedded in "small c" constitutional law and practice in the form of the Freedom of Information Act and a series of overlapping governance reforms including Inspectors General, disclosure of political contributions, the State Department’s “Dissent Channel,” the National Archives Information Security Oversight Office, and the publication rights guaranteed by New York Times v. United States. These institutions constitute an ecology of transparency.

The late Justice Scalia argued ...


Thomas V. Eighth Judicial Dist. Ct., 133 Nev. Adv. Op. 63 (Sept. 14, 2017), Sara Schreiber 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Thomas V. Eighth Judicial Dist. Ct., 133 Nev. Adv. Op. 63 (Sept. 14, 2017), Sara Schreiber

Nevada Supreme Court Summaries

When a defendant requests and is granted a mistrial, jeopardy will attach if a prosecutor’s conduct is so egregious that it results in prejudice to the defendant that cannot be remedied by anything short of a mistrial.


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