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23,138 full-text articles. Page 3 of 553.

Gamble V. U.S.: Brief Of Amici Curiae Law Professors In Support Of Petitioner, Stuart Banner, Paul Cassell 2018 UCLA School of Law

Gamble V. U.S.: Brief Of Amici Curiae Law Professors In Support Of Petitioner, Stuart Banner, Paul Cassell

Utah Law Faculty Scholarship

In this case currently before the U.S. Supreme Court, petitioner Gamble's brief demonstrates that there was no dual sovereignty doctrine before the mid-19th century. At the Founding and for several decades thereafter, a prosecution by one sovereign was understood to bar a subsequent prosecution by all other sovereigns. Dual sovereignty is thus contrary to the original meaning of the Double Jeopardy Clause. Defendants today enjoy a weaker form of double jeopardy protection than they did when the Bill of Rights was ratified.

But that fact only raises three further questions. First why did the Court erroneously conclude in ...


The Law Of Nations And The Constitution: An Early Modern Perspective, David M. Golove, Daniel Hulsebosch 2018 NYU School of Law

The Law Of Nations And The Constitution: An Early Modern Perspective, David M. Golove, Daniel Hulsebosch

New York University Public Law and Legal Theory Working Papers

Many American scholars, lawyers, and judges born in the latter half of the twentieth century have found it difficult to comprehend, or even recognize, the Founding generation’s commitment to the law of nations as a system of law, jurisprudence, and morality. Perhaps for similar reasons, that commitment tends to get lost in much modern historical writing. So, too, with respect to a related, but, from a legal perspective, more consequential aspect of the Founding: the prominent place of the law of nations in the constitutional reform project that culminated in the Philadelphia Convention. It was the uncertain struggle to ...


The Unconstitutionality Of Consolidated Planning Boards: Interlocal Planning Under New York Law, Albert J. Pirro Jr. 2018 Pace University

The Unconstitutionality Of Consolidated Planning Boards: Interlocal Planning Under New York Law, Albert J. Pirro Jr.

Pace Law Review

This Article will examine the nature and constitutionality of consolidated planning boards in light of the broad powers actually granted them. The issues surrounding the constitutionality of consolidated planning boards begs, yet again, Chief Justice Marshall's question respecting the extent of the power granted to the state governments. The question is whether a municipality may abdicate its power to regulate land within its own boundaries by delegating it to a separate planning entity.


The U.S Constitution: The Original American Dream, Judith S. Kaye 2018 N.Y. Court of Appeals

The U.S Constitution: The Original American Dream, Judith S. Kaye

Pace Law Review

Adapted from Remarks delivered at Law Day ceremonies May 1, 1996, at Court of Appeals Hall, Albany, New York.


Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, Julian R. Murphy 2018 Washington and Lee University School of Law

Chilling: The Constitutional Implications Of Body-Worn Cameras And Facial Recognition Technology At Public Protests, Julian R. Murphy

Washington and Lee Law Review Online

In recent years body-worn cameras have been championed by community groups, scholars, and the courts as a potential check on police misconduct. Such has been the enthusiasm for body-worn cameras that, in a relatively short time, they have been rolled out to police departments across the country. Perhaps because of the optimism surrounding these devices there has been little consideration of the Fourth Amendment issues they pose, especially when they are coupled with facial recognition technology (FRT). There is one particular context in which police use of FRT equipped body-worn cameras is especially concerning: public protests. This Comment constitutes the ...


The Supreme Court’S Use Of Narratives In Issuing Advisory Opinions, Andrea Lawlor 2018 Western University

The Supreme Court’S Use Of Narratives In Issuing Advisory Opinions, Andrea Lawlor

Master of Studies in Law Research Papers Repository

This major research paper looks at how Canadian Supreme Court justices view their role in adjudicating reference questions. Comparing the texts of 21 Supreme Court advisory opinions across two eras of the Court (Chief Justice Laskin: 1973-1984 and Chief Justice McLachlin: 2000-2017), the study examines the use of four narratives – the Guardian of the Constitution, Umpire of Federalism, Institutional and Public Will – to determine how the Court positions its role vis-à-vis the constitutional order and the other branches of government. I use a mixed-method approach that incorporates an empirically oriented content analysis of each decision, complemented by four in-depth case ...


The Operational And Administrative Militaries, Mark P. Nevitt 2018 University of Pennsylvania Law School

The Operational And Administrative Militaries, Mark P. Nevitt

Faculty Scholarship at Penn Law

This Article offers a new way of thinking about the military. The U.S. military’s existing legal architecture arose from tragedy: in response to operational military failures in Vietnam, the 1980 failed Iranian hostage rescue attempt and other military misadventures, Congress revamped the Department of Defense (DoD)’s organization. The resulting law, the Goldwater-Nichols Act, formed two militaries within the DoD that endure to this day. These two militaries – the operational military and the administrative military – were once opaque to the outside observer but have emerged from the shadows in light of recent conflicts. The operational military remains the ...


President Trump: Challenging Core First Amendment Principles, Timothy Zick 2018 William & Mary Law School

President Trump: Challenging Core First Amendment Principles, Timothy Zick

Popular Media

No abstract provided.


Informational And Procedural Standing After Lujan V. Defenders Of Wildlife, Brian J. Gatchel 2018 Florida State University College of Law

Informational And Procedural Standing After Lujan V. Defenders Of Wildlife, Brian J. Gatchel

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Ripeness And Forum Selection In Fifth Amendment Takings Litigation, Thomas E. Roberts 2018 Wake Forest University School of Law

Ripeness And Forum Selection In Fifth Amendment Takings Litigation, Thomas E. Roberts

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Takings: The Fifth Amendment, Government Regulation, And The Problem Of The Relevant Parcel, Laura M. Schleich 2018 Florida State University College of Law

Takings: The Fifth Amendment, Government Regulation, And The Problem Of The Relevant Parcel, Laura M. Schleich

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Justice Scalia And The Demise Of Environmental Law Standing, Patti A. Meeks 2018 Florida State University College of Law

Justice Scalia And The Demise Of Environmental Law Standing, Patti A. Meeks

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Of Mice And Missiles: A True Account Of Lucas V. South Carolina Coastal Council, Daniel R. Mandelker 2018 Washington University in St. Louis

Of Mice And Missiles: A True Account Of Lucas V. South Carolina Coastal Council, Daniel R. Mandelker

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Neighborhood Opposition And The Permissible Purposes Of Zoning, Harold A. Ellis 2018 Florida State University College of Law

Neighborhood Opposition And The Permissible Purposes Of Zoning, Harold A. Ellis

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Who Owns Cross Creek?, Charles L. Siemon 2018 Florida State University College of Law

Who Owns Cross Creek?, Charles L. Siemon

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Case Note: Constitutional Questions In Environmental Regulation: Epa's Use Of Aerial Photography Does Not Constitute A Fourth Amendment Search, Mark Massey 2018 Florida State University College of Law

Case Note: Constitutional Questions In Environmental Regulation: Epa's Use Of Aerial Photography Does Not Constitute A Fourth Amendment Search, Mark Massey

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Overcoming Williamson County's Troubling State Procedures Rule: How The England Reservation, Issue Preclusion Exceptions, And The Inadequacy Exception Open The Federal Courthouse Door To Ripe Takings Claims, J. David Breemer 2018 Florida State University College of Law

Overcoming Williamson County's Troubling State Procedures Rule: How The England Reservation, Issue Preclusion Exceptions, And The Inadequacy Exception Open The Federal Courthouse Door To Ripe Takings Claims, J. David Breemer

Florida State University Journal of Land Use and Environmental Law

This article discusses an avenue available to takings claimants so that they may open the nearly closed door of the federal courts. In Williamson County, the United States Supreme Court established two ripeness prongs that create powerful barriers to landowners seeking to have their takings claims heard on the merits in federal court. Through an in depth analysis of the facts and litigation of this case and others, the author assesses the foundation of the state procedures requirements and concludes it is not required by the Takings Clause. The article scrutinizes the rule's fundamental unfairness and error in its ...


Standing On Its Last Legs: Bennett V. Spear And The Past And Future Of Standing In Environmental Cases, Sam Kalen 2018 University of Baltimore School of Law

Standing On Its Last Legs: Bennett V. Spear And The Past And Future Of Standing In Environmental Cases, Sam Kalen

Florida State University Journal of Land Use and Environmental Law

This Article examines the evolution of standing in environmental disputes. The Article traces environmental standing from the 1970s when the "zone of interests" test was first applied in Association of Data Processing Service Organizations v. Camp, through Lujan v. Defenders of Wildlife over twenty years later, which outlined the three requirements of concrete and particularized imminent injury, traceability, and redressibility. The Article then describes how Bennett v. Spear, decided by the Supreme Court in1997, and other recent lower court decisions have produced a haphazard and incoherent approach to standing in cases involving the National Environmental Policy Act (NEPA) and the ...


Drawing The Lines In The Shifting Sands Of Cape Canaveral: Why Common Beach Erosion Should Not Yield A Compensable Taking Under The Fifth Amendment, Jeremy N. Jungreis 2018 Florida State University College of Law

Drawing The Lines In The Shifting Sands Of Cape Canaveral: Why Common Beach Erosion Should Not Yield A Compensable Taking Under The Fifth Amendment, Jeremy N. Jungreis

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Will Florida's New Net Ban Sink Or Swim?: Exploring The Constitutional Challenges To State Marine Fishery Restrictions, Alexandra M. Renard 2018 Florida State University College of Law

Will Florida's New Net Ban Sink Or Swim?: Exploring The Constitutional Challenges To State Marine Fishery Restrictions, Alexandra M. Renard

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


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