Discretion, Delegation, And Defining In The Constitution's Law Of Nations Clause,
2012
Northwestern University School of Law
Discretion, Delegation, And Defining In The Constitution's Law Of Nations Clause, Eugene Kontorovich
Faculty Working Papers
Never in the nation's history has the scope and meaning of Congress's power to "Define and Punish. . . Offenses Against the Law of Nations" mattered as much. The once obscure power has in recent years been exercised in broad and controversial ways, ranging from civil human rights litigation under the Alien Tort Statue (ATS) to military commissions trials in Guantanamo Bay. Yet it has not yet been recognized that these issues both involve the Offenses Clauses, and indeed raise common constitutional questions.First, can Congress only "Define" offenses that clearly already exist in international law, or does it have discretion …
Respect And Contempt In Constitutional Law, Or, Is Jack Balkin Heartbreaking?,
2012
Northwestern University School of Law
Respect And Contempt In Constitutional Law, Or, Is Jack Balkin Heartbreaking?, Andrew M. Koppelman
Faculty Working Papers
How many constitutions have we? Part of what we hope for from constitutional law is that we be united, despite our political differences, by a unifying political charter. John Rawls speaks for many when he writes that a well-ordered society "is a society all of whose members accept, and know that the others accept, the same principles (the same conception) of justice."
Jack Balkin argues that we have to give up on the Rawlsian aspiration, and learn to live in a world where, at a fundamental level, our fellow citizens are strange to us. They believe in different principles than …
Response: There Is No New General Common Law Of Severability,
2012
University of Richmond School of Law
Response: There Is No New General Common Law Of Severability, Kevin C. Walsh
Law Faculty Publications
In this solicited response to The New General Common Law of Severability, I first offer an interpretation of Ayotte and subsequent Supreme Court decisions as continuous with existing doctrine instead of a departure from it. I then suggest that much of Scoville’s evidence for a federalization of severability doctrine is better viewed as evidence of doctrinal looseness rather than of doctrinal change. I conclude by returning to the lessons of severability’s doctrinal history, suggesting that the prehistory of severability doctrine may supply a better guide for how courts should deal with problems of partial unconstitutionality in the future.
Its Hour Come Round At Last? State Sovereign Immunity And The Great State Debt Crisis Of The Early Twenty-First Century,
2012
Duke Law School
Its Hour Come Round At Last? State Sovereign Immunity And The Great State Debt Crisis Of The Early Twenty-First Century, Ernest A. Young
Faculty Scholarship
State sovereign immunity is a sort of constitutional comet, streaking across the sky once a century to the amazement and consternation of legal commentators. The comet’s appearance has usually coincided with major state debt crises: The Revolutionary War debts brought us Chisholm v. Georgia and the Eleventh Amendment, and the Reconstruction debts brought us Hans v. Louisiana and the Amendment’s extension to federal question cases. This essay argues that much of our law of state sovereign immunity, including its odd fictions and otherwise-incongruous exceptions, can be understood as an effort to maintain immunity’s core purpose — protecting the states from …
Partiality And Disclosure In Supreme Court Opinions,
2012
Northwestern Pritzker School of Law
Partiality And Disclosure In Supreme Court Opinions, Robert F. Nagel
Northwestern Journal of Law & Social Policy
This Essay begins by identifying the various kinds of partiality the Justices of the Supreme Court can have in the cases they decide. Although there is widespread recognition of the influence these biases might have, for the most part the Justices continue to write opinions as if they (and other judges) were entirely disinterested. This practice is often thought to be justified as a source of judicial legitimacy, but there are a number of reasons to doubt that a pretense of impersonality is actually important for maintaining respect for the Court. Consequently, the possibility has to be considered that the …
The Constitutional Foundation For Federal Medical Liability Reform,
2012
University of Maryland Francis King Carey School of Law
The Constitutional Foundation For Federal Medical Liability Reform, Mark A. Behrens, Cary Silverman
Journal of Health Care Law and Policy
No abstract provided.
Warrantless Cell Phone Searches And The 4th Amendment: You Think You Deleted Those Text Messages…But You Have No Idea…,
2012
Seton Hall Law
Warrantless Cell Phone Searches And The 4th Amendment: You Think You Deleted Those Text Messages…But You Have No Idea…, Amanda Brill
Student Works
No abstract provided.
The Speech Act Defends The First Amendment: A Visible And Targeted Response To Libel Tourism,
2012
Seton Hall Law
The Speech Act Defends The First Amendment: A Visible And Targeted Response To Libel Tourism, Marissa Gerny
Student Works
No abstract provided.
Today’S Paradigm Of Bullying: Cyberbullying And The First Amendment,
2012
Seton Hall Law
Today’S Paradigm Of Bullying: Cyberbullying And The First Amendment, Fay L. Kogan
Student Works
No abstract provided.
Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts, 45 J. Marshall L. Rev. 601 (2012),
2012
UIC School of Law
Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts, 45 J. Marshall L. Rev. 601 (2012), John D. Blum, Gayland O. Hethcoat Ii
UIC Law Review
No abstract provided.
Lotteries And Public Policy In American Law, 46 J. Marshall L. Rev. 37 (2012),
2012
UIC School of Law
Lotteries And Public Policy In American Law, 46 J. Marshall L. Rev. 37 (2012), Stephen Leacock
UIC Law Review
No abstract provided.
John Hart Ely: An Influential Constitutional Scholar—Protecting "Flag Desecration" Under The First Amendment,
2012
Barry University School of Law
John Hart Ely: An Influential Constitutional Scholar—Protecting "Flag Desecration" Under The First Amendment, Mohammed Saif-Alden Wattad
Barry Law Review
No abstract provided.
Judicial Review Of Constitutional Transitions: War And Peace And Other Sundry Matters,
2012
Vanderbilt University Law School
Judicial Review Of Constitutional Transitions: War And Peace And Other Sundry Matters, Rivka Weill
Vanderbilt Journal of Transnational Law
Constitutional transition periods present a twilight time between two executives. At such times, the outgoing executive's authority is questionable because of the democratic difficulties and agency concerns that arise at the end of the executive's term. Thus, parliamentary systems developed constitutional conventions that restrict caretaker governments' action. These conventions seem to achieve the desired results in the United Kingdom, Canada, New Zealand, and Australia. In contrast, in the United States, the prevailing norm is that there is only one president at a time, and this is the incumbent president, who is fully authorized to govern the country and his or …
Masthead,
2012
University of Pennsylvania Carey Law School
Masthead
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Mommy, Where Is Home: Imputing Parental Immigration Status And Residency For Undocumented Immigrant Children, 45 J. Marshall L. Rev. 991 (2012),
2012
UIC School of Law
Mommy, Where Is Home: Imputing Parental Immigration Status And Residency For Undocumented Immigrant Children, 45 J. Marshall L. Rev. 991 (2012), Johanna K.P. Dennis
UIC Law Review
No abstract provided.
Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), 45 J. Marshall L. Rev. 1023 (2012),
2012
UIC School of Law
Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), 45 J. Marshall L. Rev. 1023 (2012), Susan Bendlin
UIC Law Review
No abstract provided.
Fair For Whom? Amazon Kindles The Fight Over Internet Sales Tax, 46 J. Marshall L. Rev. 357 (2012),
2012
UIC School of Law
Fair For Whom? Amazon Kindles The Fight Over Internet Sales Tax, 46 J. Marshall L. Rev. 357 (2012), Matthew Martin
UIC Law Review
No abstract provided.
Predictive Policing And Reasonable Suspicion,
2012
American University Washington College of Law
Predictive Policing And Reasonable Suspicion, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
Predictive policing is a new law enforcement strategy to reduce crime by predicting criminal activity before it happens. Using sophisticated computer algorithms to forecast future events from past crime patterns, predictive policing has become the centerpiece of a new smart-policing strategy in several major cities. The initial results have been strikingly successful in reducing crime.This article addresses the Fourth Amendment consequences of this police innovation, analyzing the effect of predictive policing on the concept of reasonable suspicion. This article examines predictive policing in the context of the larger constitutional framework of “prediction” and the Fourth Amendment. Many aspects of current …
"Bad Juror" Lists And The Prosecutor's Duty To Disclose,
2012
American University Washington College of Law
"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Prosecutors sometimes use what are known as "bad juror" lists to exclude particular citizens from jury service. Not only does this practice interfere with an open and fair jury-selection process, thus implicating a defendant's right to be tried by a jury of his or her peers, but it also violates potential jurors' rights to serve in this important capacity. But who is on these lists? And is a prosecutor required to disclose the lists to defense counsel? These questions have largely gone unnoticed by legal analysts. This Article addresses the prosecutor's duty to disclose bad-juror lists. It reviews the federal …
Expecting The Right Thing: The Imperative For Recognising Substantive Legitimate Expectations In Singapore,
2012
Singapore Management University
Expecting The Right Thing: The Imperative For Recognising Substantive Legitimate Expectations In Singapore, Siraj Aziz Shaik, Yi Siong Sui
2008 Asian Business & Rule of Law initiative
Recognition of a legitimate expectation for a substantive benefit has long been fraught with controversy both within jurisdictions that do and do not adopt the doctrine. This article seeks to assess the validity and utility of the doctrine of substantive legitimate expectations as it has developed in common law jurisdictions and extrapolate a conclusion which would be of guidance as to what the Singapore position on the doctrine ought to be. This article argues that on balance the doctrine of substantive legitimate expectations is a welcome addition to the landscape of administrative law in Singapore, and that the seminal case …
