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United States V. Carloss: Should The Police Act Like Good Neighbors?, Cole McLanahan 2018 University of Oklahoma College of Law

United States V. Carloss: Should The Police Act Like Good Neighbors?, Cole Mclanahan

Oklahoma Law Review

No abstract provided.


Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin 2018 Winthrop University

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011 ...


Remedial Reading: Evaluating Federal Courts' Application Of The Prejudice Standard In Capital Sentences From "Weighing" And "Non-Weighing" States, Sarah Gerwig-Moore 2018 University of Pennsylvania Law School

Remedial Reading: Evaluating Federal Courts' Application Of The Prejudice Standard In Capital Sentences From "Weighing" And "Non-Weighing" States, Sarah Gerwig-Moore

JCL Online

No abstract provided.


Israel's Absentee Property Law: When Is Democratic Failure Necessary?, Bria Smith 2018 Claremont McKenna College

Israel's Absentee Property Law: When Is Democratic Failure Necessary?, Bria Smith

CMC Senior Theses

This paper defends Israel's expropriation of property under the Absentee Property Law within the state’s pre-1967 borders on constitutional grounds, but holds that the Law’s increased use in the region of East Jerusalem is invalid under Israel's constitutional scheme. This distinction turns upon the state’s application of the Law for necessary purposes. I hold that Israel’s justification for breaching human rights explicitly protected must be based on the state’s need to preserve its foundational ideology and national purpose in times of extra-normal circumstances. Israel may act undemocratically only to the extent imperative to ...


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.

The tension between Puerto Rico’s possible desire to pull closer to the mainland and Congress’s presumptive desire to hold it at arm’s length raises at least two important legal questions. Could Congress expel ...


The Original Theory Of Originalism, David Singh Grewal, Jedediah Purdy 2018 Duke Law School

The Original Theory Of Originalism, David Singh Grewal, Jedediah Purdy

Faculty Scholarship

The U.S. Constitution embodies a conception of democratic sovereignty that has been substantially forgotten and obscured in today’s commentary. Recovering this original idea of constitution-making shows that today’s originalism is, ironically, unfaithful to its origins in an idea of self-rule that prized both the initial ratification of fundamental law and the political community’s ongoing power to reaffirm or change it. This does not mean, however, that living constitutionalism better fits the original conception of democratic self-rule. Rather, because the Constitution itself makes amendment practically impossible, it all but shuts down the very form of democratic sovereignty ...


What Is Puerto Rico?, Sam Issacharoff, Alexandra Bursak, Russel Rennie, Alec Webley 2018 NYU Law School

What Is Puerto Rico?, Sam Issacharoff, Alexandra Bursak, Russel Rennie, Alec Webley

New York University Public Law and Legal Theory Working Papers

Puerto Rico is suffering through multiple crises. Two are obvious: a financial crisis triggered by the island’s public debts and the humanitarian crisis brought on by Hurricane Maria. One is not: the island’s ongoing crisis of constitutional identity. Like the hurricane, this crisis came from outside the island. Congress, the U.S. Supreme Court, and the Executive Branch have each moved in the last twenty years to undermine the “creative statesmanship” that allowed for Puerto Rico’s self-government with minimal interference from a Federal Government in which the people of Puerto Rico had, and have, no representation. From ...


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 ...


Temporary Legislation's Finest Hour?: Towards A Proper Model Of Temporary Legislation In Israel שעתן היפה של הוראות השעה?: לקראת מודל ראוי של חקיקה זמנית בישראל, Ittai Bar-Siman-Tov 2017 Bar-Ilan University

Temporary Legislation's Finest Hour?: Towards A Proper Model Of Temporary Legislation In Israel שעתן היפה של הוראות השעה?: לקראת מודל ראוי של חקיקה זמנית בישראל, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This article discusses a major trend in Israeli legislation in recent years: the rise of temporary legislation in Israel. The first part of the article presents a first-of-its-kind empirical study that reveals that the Knesset is increasingly using temporary legislation, which is referred to in Israel as "temporary provisions." Against this background, the main purpose of the article is normative: to propose a model for proper use of temporary legislation in Israel. After reviewing the normative debate for and against temporary legislation, the article focuses on two central questions: When is it appropriate to make use of temporary legislation; and ...


A Necessary Decision Or An Unjustified "Major Deviation" From The Case Law?: Commentary On Hcj 10042/16 Quantinsky V. The Israeli Knesset In The Matter Of The Third Apartment Tax ?החלטה מתבקשת או "סטיה רבתי" בלתי מוצדקת מההלכה הפסוקה הערת פסיקה על בג"ץ 10042/16 קוונטינסקי נ' כנסת ישראל בעניין מס דירה שלישית, Ittai Bar-Siman-Tov 2017 Bar-Ilan University

A Necessary Decision Or An Unjustified "Major Deviation" From The Case Law?: Commentary On Hcj 10042/16 Quantinsky V. The Israeli Knesset In The Matter Of The Third Apartment Tax ?החלטה מתבקשת או "סטיה רבתי" בלתי מוצדקת מההלכה הפסוקה הערת פסיקה על בג"ץ 10042/16 קוונטינסקי נ' כנסת ישראל בעניין מס דירה שלישית, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This article analyzes the judgment of the Supreme Court of Israel in HCJ 10042/16 Quantinsky v. the Israeli Knesset, which invalidated the “Third Apartment Tax” provisions in the Arrangements Law. This is one of the most important judgments in the field of judicial review of the legislative process and the first case that invalidated a law due to defects in its legislative process. The article argues that the judgment is characterized by a considerable gap between the positions of the Justices in the majority to the dissent opinion in characterizing the judgment and its relationship to the Poultry Growers ...


Reasoning Through Clashes Between Religion And Equality: Case Law, Skeptics, And Social Coherence, Michael A. Helfand 2017 Pepperdine University

Reasoning Through Clashes Between Religion And Equality: Case Law, Skeptics, And Social Coherence, Michael A. Helfand

Michael A Helfand

A review of Nelson Tebbe's new book, Religious Freedom in An Egalitarian Age (Harvard University Press, 2017). Forthcoming 2018.


What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler 2017 University of Pennsylvania Law School

What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler

Faculty Scholarship

Major legislative actions during the early part of the 115th Congress have undermined the central argument for regulatory reform measures such as the REINS Act, a bill that would require congressional approval of all new major regulations. Proponents of the REINS Act argue that it would make the federal regulatory system more democratic by shifting responsibility for regulatory decisions away from unelected bureaucrats and toward the people’s representatives in Congress. But separate legislative actions in the opening of the 115th Congress only call this argument into question. Congress’s most significant initiatives during this period — its derailed attempts to ...


Ohio's Modern Courts Amendment Must Be Amended: Why And How, Richard S. Walinski, Mark D. Wagoner Jr. 2017 Thacker Robinson Zinz LPA

Ohio's Modern Courts Amendment Must Be Amended: Why And How, Richard S. Walinski, Mark D. Wagoner Jr.

Cleveland State Law Review

A 1968 amendment to the Ohio Constitution granted the Supreme Court of Ohio the authority to promulgate “rules governing practice and procedure” for Ohio courts. The amendment also provided that “[a]ll laws in conflict with such rules shall be of no further force or effect after such rules have taken effect” and that no rule may “abridge, enlarge, or modify any substantive right.”

Although the amendment was explicit about automatic repeal of existing laws, it says nothing about whether the General Assembly may legislate on a procedural matter after a court rule takes effect. That silence has caused enduring ...


Stuck In Ohio's Legal Limbo, How Many Mistrials Are Too Many Mistrials?: Exploring New Factors That Help A Trial Judge In Ohio Know Whether To Exercise Her Authority To Dismiss An Indictment With Prejudice, Especially Following Repeated Hung Juries, Samantha M. Cira 2017 Cleveland-Marshall College of Law

Stuck In Ohio's Legal Limbo, How Many Mistrials Are Too Many Mistrials?: Exploring New Factors That Help A Trial Judge In Ohio Know Whether To Exercise Her Authority To Dismiss An Indictment With Prejudice, Especially Following Repeated Hung Juries, Samantha M. Cira

Cleveland State Law Review

Multiple mistrials following validly-prosecuted trials are becoming an increasingly harsh reality in today’s criminal justice system. Currently, the Ohio Supreme Court has not provided any guidelines to help its trial judges know when to make the crucial decision to dismiss an indictment with prejudice following a string of properly-declared mistrials, especially due to repeated hung juries. Despite multiple mistrials that continue to result in no conviction, criminal defendants often languish behind bars, suffering detrimental psychological harm and a loss of personal freedom as they remain in “legal limbo” waiting to retry their case. Furthermore, continuously retrying defendants cuts against ...


Eureka County V. Seventh Judicial Dist. Ct., 133 Nev. Adv. Op. 111 (Dec. 28, 2017), Michelle Harnik 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Eureka County V. Seventh Judicial Dist. Ct., 133 Nev. Adv. Op. 111 (Dec. 28, 2017), Michelle Harnik

Nevada Supreme Court Summaries

The Court determined that due process requires junior water rights holders be given notice and an opportunity to be heard in the district court’s consideration of a senior water rights holder’s request to curtail the junior’s water rights.


The Jewish Family – Between Family Law And Contract Law, yehezkel Margalit 2017 Netanya Academic College

The Jewish Family – Between Family Law And Contract Law, Yehezkel Margalit

Hezi Margalit

Traditional Jewish family law has persevered for hundreds of years and rules covering marriage, the raising of children, and divorce are well established; yet pressures from modern society are causing long held views to be re-examined. The Jewish Family: Between Family Law and Contract Law examines the tenets of Jewish family law in the light of new attitudes concerning the role of women, assisted reproduction technologies, and prenuptial agreements. It explores, through interdisciplinary research combining the legal aspects of family law and contract law, how the Jewish family can cope with both old and modern obstacles and challenges. Focusing on ...


Franchise Tax Board Of California V. Hyatt, 133 Nev. Adv. Op. 102 (Dec. 26, 2017), Rebecca L. Crooker 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Franchise Tax Board Of California V. Hyatt, 133 Nev. Adv. Op. 102 (Dec. 26, 2017), Rebecca L. Crooker

Nevada Supreme Court Summaries

The Court determined that discretionary-function immunity does not apply to intentional tort and bad faith claims. Under comity principles, the Franchise Tax Board was entitled to the $50,000 statutory cap that would extend to Nevada businesses under NRS 41.035(1). The Court additionally recognized false light invasion of privacy as a tort cause of action distinct from other privacy torts, and adopted the Restatement’s sliding-scale approach in determining the amount of evidence necessary to establish a claim for intentional infliction of emotional distress.


Constitutional Barriers To Congressional Reform, John M. Greabe 2017 University of New Hampshire School of Law

Constitutional Barriers To Congressional Reform, John M. Greabe

Legal Scholarship

Americans celebrate our Constitution as a beacon that can guide us through difficult situations. And justly so. But at times, the Constitution also has stood as a barrier to necessary reform.


Dance Of Numbers: Social Insurance And Social Security After Federal Court Of Accounts’ Auditing Report (2017), Carlos Luiz Strapazzon 2017 Western University of Santa Catarina State (UNOESC); University Positivo School of Law

Dance Of Numbers: Social Insurance And Social Security After Federal Court Of Accounts’ Auditing Report (2017), Carlos Luiz Strapazzon

Carlos Luiz Strapazzon

This paper discusses the audit report conducted by the Federal Court of Accounts (TCU) in the Brazilian Social Security system. On 2017 (June) the Court of Accounts released the Report No. 1295/2017 (TC 001.040/2017-0). The aim of the audit was to ascertain information upon the counts, the management and, particularly, upon the existence (or not) of financial deficit. The audit has considered data from 10 years now, reaching the period from 2007 to 2016. All so-called "social security regimes" administered by the Federal Government that integrate the concept of Social Security in Brazil were audited. This study ...


Archon Corp., Vs. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 101 (December 21, 2017), Landon Littlefield 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Archon Corp., Vs. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 101 (December 21, 2017), Landon Littlefield

Nevada Supreme Court Summaries

The Nevada Supreme Court denied Archon Corporation’s petition for a writ of mandamus or prohibition challenging the denial of a motion to dismiss based on tolling of the statute of limitations. The court declined relief for the following three reasons; the statute-based argument that petitioners made to this court was not considered by the lower court, the court’s clarification of the law would alter the district court’s disposition because the district court made its decision on alternative grounds, and finally, because the district court denied the motion to dismiss without prejudice.


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