Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015), 2015 John Marshall Law School
Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015), Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Accountability And The Foreign Commerce Power: A Case Study Of The Regulation Of Exports, 2015 University of Georgia School of Law
Accountability And The Foreign Commerce Power: A Case Study Of The Regulation Of Exports, Richard R. Carlson
Georgia Journal of International & Comparative Law
No abstract provided.
November 3, 2015: Title: Ross Douthat’S Mistakeross Douthat’S Mistake, 2015 Duquesne University
November 3, 2015: Title: Ross Douthat’S Mistakeross Douthat’S Mistake, Bruce Ledewitz
Hallowed Secularism
Blog post, “Ross Douthat’s Mistake“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Antisemitism And Hate Speech Studies, 2015 Loyola University Chicago, School of Law
Antisemitism And Hate Speech Studies, Alexander Tsesis
Alexander Tsesis
No abstract provided.
Doctrines Of Delusion: How The History Of The G.I. Bill And Other Inconvenient Truths Undermine The Supreme Court’S Affirmative Action Jurisprudence, 2015 Loyola University Chicago School of Law
Doctrines Of Delusion: How The History Of The G.I. Bill And Other Inconvenient Truths Undermine The Supreme Court’S Affirmative Action Jurisprudence, Juan F. Perea
Juan F. Perea
No abstract provided.
Evading Miller, 2015 Seattle University School of Law
Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch
Seattle University Law Review
Miller v. Alabama appeared to strengthen constitutional protections for juvenile sentencing that the United States Supreme Court recognized in Roper v. Simmons and Graham v. Florida. In Roper, the Court held that executing a person for a crime committed as a juvenile is unconstitutional under the Eighth Amendment. In Graham, the Court held that sentencing a person to life without parole for a nonhomicide offense committed as a juvenile is unconstitutional under the Eighth Amendment. In Miller, the Court held that a mandatory sentence of life without parole for a homicide offense committed by a juvenile is also unconstitutional under …
The Impact Of “Standing” Is Anything But Boring, 2015 Widener Law
The Impact Of “Standing” Is Anything But Boring, Alan E. Garfield
Alan E Garfield
No abstract provided.
Justice At War: Military Tribunals And Article Iii, 2015 Roger Williams University School of Law
Justice At War: Military Tribunals And Article Iii, Peter Margulies
Law Faculty Scholarship
No abstract provided.
7 Things You Need To Know About: Constitutional Law, 2015 University of Denver
7 Things You Need To Know About: Constitutional Law, Corey A. Ciocchetti
Corey A Ciocchetti
These slides cover the 7 most important things you need to know about Constitutional Law - especially as it relates to business. Topics covered include the Supremacy Clause & preemption, Commercial Speech & the First Amendment, the Commerce Clause, the Bill of Rights and Constitutional History.
7 Things You Need To Know About: The American Court System, 2015 University of Denver
7 Things You Need To Know About: The American Court System, Corey A. Ciocchetti
Corey A Ciocchetti
These presentation slides cover the 7 most important things you need to know about the American Court System. They cover: personal jurisdiction, subject matter jurisdiction, removal, change of venue, and the steps in bringing a lawsuit.
Religion And Social Coherentism, 2015 Cornell Law School
Religion And Social Coherentism, Nelson Tebbe
Cornell Law Faculty Publications
Today, prominent academics are questioning the very possibility of a theory of free exercise or non-establishment. They argue that judgments in the area can only be conclusory or irrational. In contrast to such skeptics, this Essay argues that decisionmaking on questions of religious freedom can be morally justified. Two arguments constitute the Essay. Part I begins by acknowledging that skepticism has power. The skeptics rightly identify some inevitable indeterminacy, but they mistakenly argue that it necessarily signals decisionmaking that is irrational or unjustified. Their critique is especially striking because the skeptics’ prudential way of working on concrete problems actually shares …
The Oedipus Hex: Regulating Family After Marriage Equality, 2015 Florida State University College of Law
The Oedipus Hex: Regulating Family After Marriage Equality, Courtney Megan Cahill
Scholarly Publications
Now that national marriage equality for same-sex couples has become the law of the land, commentators are turning their attention from the relationships into which some gays and lesbians enter to the mechanisms on which they — and many others — rely in order to reproduce. Even as one culture war makes way for another, however, there is something that binds them: a desire to establish the family. This Article focuses on a problematic manifestation of that desire: the incest prevention justification. The incest prevention justification posits that the law ought to regulate alternative reproduction in order to minimize the …
Declining Controversial Cases: How Marriage Equality Changed The Paradigm, 2015 University of Pittsburgh School of Law
Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis
Articles
Until recently, state attorneys general defended their states’ laws as a matter of course. However, one attorney general’s decision not to defend his state’s law in a prominent marriage equality case sparked a cascade of attorney general declinations in other marriage equality cases. Declinations have also increased across a range of states and with respect to several other contentious subjects, including abortion and gun control. This Essay evaluates the causes and implications of this recent trend of state attorneys general abstaining from defending controversial laws on the grounds that those laws are unconstitutional, focusing on the marriage equality cases as …
Magna Carta Then And Now, 2015 Singapore Management University
Magna Carta Then And Now, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
What’s the significance and relevance of Magna Carta, an 800-year-old handwritten sheepskin parchment currently on a world tour that has been to New York City, Luxembourg, China (Beijing, Guangzhou, and Shanghai), Hong Kong, and now Singapore?
Fourth Amendment Fiduciaries, 2015 New York University School of Law
Fourth Amendment Fiduciaries, Kiel Brennan-Marquez
Fordham Law Review
Fourth Amendment law is sorely in need of reform. To paraphrase Justice Sotomayor’s concurrence in United States v. Jones, the idea that people have no expectation of privacy in information voluntarily shared with third-parties—the foundation of the widely reviled “third-party doctrine”—makes little sense in the digital age.
In truth, however, it is not just the third-party doctrine that needs retooling today. It is the Fourth Amendment’s general approach to the problem of “shared information.” Under existing law, if A shares information with B, A runs the risk of “misplaced trust”—the risk that B will disclose the information to law …
Facing The Ghost Of Cruikshank In Constitutional Law, 2015 University at Buffalo School of Law
Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey
Journal Articles
For a symposium on Teaching Ferguson, this essay considers how the standard introductory constitutional law course evades the history of legal struggle against institutionalized anti-black violence. The traditional course emphasizes the drama of anti-majoritarian judicial expansion of substantive rights. Looming over the doctrines of equal protection and due process, the ghost of Lochner warns of dangers of judicial leadership in substantive constitutional change. This standard narrative tends to lower expectations for constitutional justice, emphasizing the virtues of judicial modesty and formalism.
By supplementing the ghost of Lochner with the ghost of comparably infamous and influential case, United States v. Cruikshank …
Interpreting Liberty And Equality Through The Lens Of Marriage, 2015 Georgetown University Law Center
Interpreting Liberty And Equality Through The Lens Of Marriage, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
In this essay, I argue that marriage, as described and prescribed in Obergefell v. Hodges, functions as a lens that distorts the principles of liberty and equality upon which the opinion is based. The Supreme Court’s language is saturated with paeans to marriage, to the degree that the opinion seems to suggest that the moral worthiness of same-sex couples who wish to marry provides the ultimate justification for recognizing a constitutional right. The conceptual fulcrum in this analysis is dignity, which other courts have interpreted as an intrinsic human right that extends to a pluralism of family forms, but …
Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, 2015 Singapore Management University
Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K. B. Tan, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success, stability and …
Marriage (In)Equality And The Historical Legacies Of Feminism, 2015 University of Pennsylvania Carey Law School
Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri
All Faculty Scholarship
In this essay, I measure the majority’s opinion in Obergefell v. Hodges against two legacies of second-wave feminist legal advocacy: the largely successful campaign to make civil marriage formally gender-neutral; and the lesser-known struggle against laws and practices that penalized women who lived their lives outside of marriage. Obergefell obliquely acknowledges marriage equality’s debt to the first legacy without explicitly adopting sex equality arguments against same-sex marriage bans. The legacy of feminist campaigns for nonmarital equality, by contrast, is absent from Obergefell’s reasoning and belied by rhetoric that both glorifies marriage and implicitly disparages nonmarriage. Even so, the history …
High Value Lies, Ugly Truths, And The First Amendment, 2015 Vanderbilt University Law School
High Value Lies, Ugly Truths, And The First Amendment, Alan K. Chen, Justin Marceau
Vanderbilt Law Review
Lying has a complicated relationship with the First Amendment. It is beyond question that some lies-such as perjury and fraud-are simply not covered by the Constitution's free speech clause.' But it is equally clear that some lies, even intentionally lying about military honors, are entitled to First Amendment protection. Until very recently, however, it has been taken for granted in Supreme Court doctrine and academic writing that any constitutional protection for lies is purely prophylactic-it provides protection to the truth-speaker by also incidentally protecting the liar. What remains unresolved is whether other rationales might also justify First Amendment protection for …