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Illusion Or Protection? Free Exercise Rights And Laws Mandating Insurance Coverage Of Contraception, Edward T. Mechmann, Esq. 2017 St. John's University School of Law

Illusion Or Protection? Free Exercise Rights And Laws Mandating Insurance Coverage Of Contraception, Edward T. Mechmann, Esq.

The Catholic Lawyer

No abstract provided.


Constitutional Jurisprudence Of Law And Religion: Privacy V. Piety - Has The Supreme Court Petered Out?, Matthew A. Ritter, M.Div., J.D., Ph.D. 2017 St. John's University School of Law

Constitutional Jurisprudence Of Law And Religion: Privacy V. Piety - Has The Supreme Court Petered Out?, Matthew A. Ritter, M.Div., J.D., Ph.D.

The Catholic Lawyer

No abstract provided.


Competing Accounts Of Interpretation And Practical Reasoning In The Debate Over Originalism, André LeDuc 2017 Attorney in Private Practice

Competing Accounts Of Interpretation And Practical Reasoning In The Debate Over Originalism, André Leduc

University of New Hampshire Law Review

This article explores two assumptions about constitutional law and the form of practical reasoning inherent in constitutional argument and decision that have shaped the debate over originalism. The first assumption—adopted by originalists—is that constitutional reasoning is a formalistic process. Originalism’s critics tacitly describe a very different and less formalistic model. The second assumption—shared by originalists and most of its critics alike—is that the central task of constitutional decision is to interpret the Constitution. Both of these assumptions are wrong. Constitutional argument is not, and cannot be, reduced to the formal model of reasoning tacitly employed ...


Plea Bargain Negotiations: Defining Competence Beyond Lafler And Frye, Cynthia Alkon 2017 Texas A&M University School of Law

Plea Bargain Negotiations: Defining Competence Beyond Lafler And Frye, Cynthia Alkon

Cynthia Alkon

In the companion cases of Lafler v. Cooper and Missouri v. Frye the U.S. Supreme Court held that there is a right to effective assistance of counsel during plea bargaining. However, the Court defined effective assistance of counsel in only one narrow phase of plea bargaining: the client counseling phase. The Court said it would not look more broadly at the negotiation process itself as "[b]argaining is, by its nature, defined to a substantial degree by personal style.” This statement indicates that the Court does not fully understanding developments in the field of negotiation over the last thirty ...


Measuring Brief (Cordelia Lear), Haley Chee, Mahesh Cleveland, Kevin Yolken 2017 University of Hawaii at Manoa, William S. Richardson School of Law

Measuring Brief (Cordelia Lear), Haley Chee, Mahesh Cleveland, Kevin Yolken

Pace Environmental Law Review Online Companion

No abstract provided.


Measuring Brief (Brittain County, New Union), Spencer Newman, Davis Vaughn 2017 University of Mississippi School of Law

Measuring Brief (Brittain County, New Union), Spencer Newman, Davis Vaughn

Pace Environmental Law Review Online Companion

No abstract provided.


Measuring Brief (U.S. Fish & Wildlife Service), David Sheaffer, Caitlin Brown, Jacob Simon 2017 Michigan State College of Law

Measuring Brief (U.S. Fish & Wildlife Service), David Sheaffer, Caitlin Brown, Jacob Simon

Pace Environmental Law Review Online Companion

No abstract provided.


2017 Bench Memorandum, 2017 Pace University

2017 Bench Memorandum

Pace Environmental Law Review Online Companion

No abstract provided.


2017 National Environmental Moot Court Competition Problem, 2017 Pace University

2017 National Environmental Moot Court Competition Problem

Pace Environmental Law Review Online Companion

No abstract provided.


Consent Decrees, The Enlightenment, And The "Modern" Social Contract: A Case Study From Bates, Olmstead, And Maine's Seperation Of Powers Doctrine, Dana E. Prescott 2017 University of Maine School of Law

Consent Decrees, The Enlightenment, And The "Modern" Social Contract: A Case Study From Bates, Olmstead, And Maine's Seperation Of Powers Doctrine, Dana E. Prescott

Maine Law Review

On December 17, 2004, the Maine Supreme Judicial Court, sitting as the Law Court, issued its decision in Bates v. Department of Behavioral & Developmental Services, which affirmed in part, and vacated in part, the decision of Superior Court Chief Justice Nancy Mills, and remanded for further proceedings in the so-called Augusta Mental Health Institute (AMHI) Consent Decree case. In the underlying litigation, patients at the mental health hospital filed motions for sanctions and findings of contempt alleging the State of Maine failed to comply with the 1990 Consent Decree and incorporated settlement agreement. After a seventeen-day trial on whether the ...


Alexis De Tocqueville And American Constitutional Law: On Democracy, The Majority Will, Individual Rights, Federalism, Religion, Civic Associations And Originalist Constitutional Theory, Philip C. Kissam 2017 University of Maine School of Law

Alexis De Tocqueville And American Constitutional Law: On Democracy, The Majority Will, Individual Rights, Federalism, Religion, Civic Associations And Originalist Constitutional Theory, Philip C. Kissam

Maine Law Review

Count Alexis de Tocqueville's Democracy in America has been said to be "at once the best book ever written on democracy and the best book ever written on America. " This praise should perhaps be tempered by consideration of Tocqueville' s purposes and the historical circumstances within which he worked and understood both democracy and America. Yet Tocqueville's insights into American democracy as of the 1830s undoubtedly constitute a rich source of constitutional thought-either as support for particular constitutional principles or as constitutional ideas that should be contested. In a recent notable instance, John McGinnis has argued that Tocqueville ...


Lincoln, The Constitution Of Necessity, And The Necessity Of Constitutions: A Reply To Professor Paulsen, Michael Kent Curtis 2017 University of Maine School of Law

Lincoln, The Constitution Of Necessity, And The Necessity Of Constitutions: A Reply To Professor Paulsen, Michael Kent Curtis

Maine Law Review

The George W. Bush administration responded to the terrorist attacks of September 11th with far-reaching assertions of a vast commander-in-chief power that it has often insisted is substantially free of effective judicial or legislative checks. As Scott Shane wrote in the December 17, 2005 edition of the New York Times, "[f]rom the Government's detention of [American citizens with no or severely limited access to courts, and none to attorneys, families, or friends] as [alleged] 'enemy combatants' to the just disclosed eavesdropping in the United States without court warrants, the administration has relied on an unusually expansive interpretation of ...


Education Funding In Maine In Light Of Zelman And Locke: Too Much Play In The Joints?, Sarah M. Lavigne 2017 University of Maine School of Law

Education Funding In Maine In Light Of Zelman And Locke: Too Much Play In The Joints?, Sarah M. Lavigne

Maine Law Review

The United States Supreme Court has struggled with the countervailing directives of the Free Exercise Clause and the Establishment Clause for decades. One area in which this battle has been particularly contentious is the issue of public funding of religious schools. On one hand, opponents argue that such funding is an impermissible co-mingling of church and state, thereby violating the Establishment Clause. Meanwhile, proponents of public funding of religious schools argue that, to withhold funding from religious schools would place a burden on those wishing to send their children to religious schools, thereby impermissibly preventing individuals from practicing their faith ...


New Hampshire Motor Transport Association V. Rowe: Federal Preemption Of Maine's Attempt To Regulate Internet Sales Of Tobacco To Minors, Nathaniel D. Bryans 2017 University of Maine School of Law

New Hampshire Motor Transport Association V. Rowe: Federal Preemption Of Maine's Attempt To Regulate Internet Sales Of Tobacco To Minors, Nathaniel D. Bryans

Maine Law Review

In New Hampshire Motor Transport Ass'n v. Rowe, trade associations sought a declaratory judgment that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) preempts a Maine law enacted to facilitate collection of state taxes and restrict the delivery of tobacco products to minors (the Tobacco Delivery Law). The district court granted the plaintiffs' second motion for summary judgment in part, finding that a single provision of little independent consequence escaped preemption, and enjoined enforcement of the preempted provisions. The state appealed to the United States Court of Appeals for the First Circuit, which held that most of Maine ...


Defining "Disability" Under The Maine Human Rights Act After Whitney V. Wal-Mart Stores, Inc., Michael J. Anderson 2017 University of Maine School of Law

Defining "Disability" Under The Maine Human Rights Act After Whitney V. Wal-Mart Stores, Inc., Michael J. Anderson

Maine Law Review

In Whitney v. Wal-Mart Stores, Inc., the Maine Supreme Judicial Court, sitting as the Law Court, was asked to determine whether the Maine Human Rights Act (MHRA) requires plaintiffs alleging disability discrimination to show that their condition substantially limits one or more major life activities. In determining that the MHRA does not require such a showing, the court effectively established that the MHRA was intended to protect a much broader range of medical conditions than its federal counterparts, the Rehabilitation Act of 1973 (Rehabilitation Act) and the Americans with Disabilities Act of 1990 (ADA). In so doing, the Whitney court ...


Assigning Infringement Claims: Silvers V. Sony Pictures, Heather B. Sanborn 2017 University of Maine School of Law

Assigning Infringement Claims: Silvers V. Sony Pictures, Heather B. Sanborn

Maine Law Review

The Copyright Act establishes protection for original, creative works of authorship as a means of providing ex ante incentives for creativity. But how real is that protection? Imagine that you have written a script and managed to have your play produced in a local community theater. A few years later, you find that a major Hollywood studio has taken your script, adapted it slightly, and made it into the next summer blockbuster, raking in millions without ever obtaining a license from you. Of course, you can sue them for infringement. But how much will that litigation cost and what are ...


The Diversity Rationale For Affirmative Action In Military Contracting, Hugh B. McClean 2017 The Catholic University of America, Columbus School of Law

The Diversity Rationale For Affirmative Action In Military Contracting, Hugh B. Mcclean

Catholic University Law Review

Section 8(a) of the Small Business Act (the ‘‘8(a) program’’) is a federal contracting program that permits the government to award certain contracts to members of designated racial groups that own small businesses. Courts have denied facial challenges to the program, but have upheld challenges alleging the program is unconstitutional as applied to particular industries. As a result, the military is banned from using the program in at least one industry, and inherits significant risk when using the program in other industries. The government has never articulated a diversity rationale to justify the use of race-conscious measures in ...


Protecting The Rights Of The Mentally Disabled In Administrative Proceedings, Robert T. Drapkin 2017 St. John's University School of Law

Protecting The Rights Of The Mentally Disabled In Administrative Proceedings, Robert T. Drapkin

The Catholic Lawyer

No abstract provided.


When Will The Law Catch Up With Technology? Jaycee B. V. Superior Court Of Orange County: An Urgent Cry For Legislation On Gestational Surrogacy, Laura A. Brill 2017 St. John's University School of Law

When Will The Law Catch Up With Technology? Jaycee B. V. Superior Court Of Orange County: An Urgent Cry For Legislation On Gestational Surrogacy, Laura A. Brill

The Catholic Lawyer

No abstract provided.


A Modest Proposal, William J. Mitchell 2017 St. John's University School of Law

A Modest Proposal, William J. Mitchell

The Catholic Lawyer

No abstract provided.


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