Papers, Please: Does The Constitution Permit The States A Role In Immigration Enforcement?, 2011 Chapman University School of Law
Papers, Please: Does The Constitution Permit The States A Role In Immigration Enforcement?, John C. Eastman
John C. Eastman
Representative Service, 2011 University of Oklahoma
Representative Service, Michael Scaperlanda
Michael A. Scaperlanda
No abstract provided.
Bleeeeep! The Regulation Of Indecency, Isolated Nudity, And Fleeting Expletives In Broadcast Media: An Uncertain Future For Pacifica V. Fcc, 2011 University of Arkansas - Main Campus
Bleeeeep! The Regulation Of Indecency, Isolated Nudity, And Fleeting Expletives In Broadcast Media: An Uncertain Future For Pacifica V. Fcc, Danielle Weatherby
Danielle Weatherby
Repudiating The Narrowing Rule In Capital Sentencing, 2011 Chapman University School of Law
Repudiating The Narrowing Rule In Capital Sentencing, Scott W. Howe
Scott W. Howe
This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur major reform in the understanding of the function of the doctrine. The article urges that the Supreme Court should renounce a largely empty mandate known as the “narrowing” rule and the rhetoric of equality that has accompanied it. By doing so, the Court could speak more truthfully about the important but more limited function that its capital-sentencing doctrine actually pursues, which is to ensure that no person receives the death penalty who does not deserve it. The Court could also speak more candidly than it …
The Supreme Court As Prometheus: Breathing Life Into The Corporate Supercitizen, 2011 University of Wyoming
The Supreme Court As Prometheus: Breathing Life Into The Corporate Supercitizen, Robert Sprague, Mary Ellen Wells
Robert Sprague
This article examines the legal status of the corporation in light of the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission that corporations have political free speech rights equivalent to natural persons. In Citizens United, Justice Kennedy wrote that corporations were disadvantaged persons because the government had intruded upon their freedom of speech. The Citizens United majority portrays a misleading image of corporations. It is true most corporations are owned by small groups of individuals, managed by their owners, and limited in size and revenues. But what the Citizens United majority conveniently ignores is one particular attribute …
Originalism In Practice, 2011 Chapman University School of Law
Originalism In Practice, Lawrence Rosenthal
Lawrence Rosenthal
Originalism is in ascendance. Both in judicial opinions and in the legal academy, arguments for the interpretation of the Constitution based on its original meaning are increasingly prominent. The scholarly literature to date, however, has focused on theory. Supporters and opponents debate the theoretical merits of originalism, but rarely test their views on the merits of originalism by reference to the realities of constitutional adjudication. In science, a theory gains acceptance if it makes testable predictions that are later borne out. Whatever its theoretical merit, originalism deserves recognition as genuinely distinctive and useful approach to constitutional adjudication only if, in …
The Structural Constitutional Principle Of Republican Legitimacy, 2011 IIT Chicago-Kent College of Law
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
Mark D. Rosen
Democracy does not spontaneously occur by citizens gathering to choose laws. Instead, representative democracy takes place within an extensive legal framework that determines such matters as who gets to vote, how campaigns are conducted, and what conditions must be met for representatives to make valid law. Many of the “rules of the road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against partisan gerrymandering—which is partly responsible for the fact that most congressional districts are no longer party competitive, but instead are either safely Republican or safely Democratic—and against onerous …
Enforcing Animal Welfare Statutes: In Many States, It’S Still The Wild West, 2011 University of Arkansas
Enforcing Animal Welfare Statutes: In Many States, It’S Still The Wild West, Elizabeth Rumley, Rusty Rumley
Elizabeth Rumley
Authority to enforce animal welfare laws has been delegated to private citizens involved with humane organizations since the 1880s when the majority of those statutes were originally passed. Currently, over half of the states and the District of Columbia grant some form of law enforcement power to members or officers of humane societies. The authority ranges from the power to arrest to the ability to seize and destroy private property. In some cases it includes the right to carry a firearm-- even, in one state, as a convicted felon-- while engaging in law enforcement activities. After a brief history of …
Democracy And Dissent: Strauss, Arendt, And Voegelin In America, 2011 University of Wyoming
Democracy And Dissent: Strauss, Arendt, And Voegelin In America, Stephen M. Feldman
Stephen M. Feldman
During the 1930s, American democratic government underwent a paradigmatic transformation from republican to pluralist democracy -- a movement away from relying on white Anglo-Saxon male values of the common good and toward a more open and inclusive form of democracy. Pluralist democracy achieved hegemony during the post-World War II era as the correct theory and practice of government, but it did not go unchallenged. European emigres such as Leo Strauss, Hannah Arendt, and Eric Voegelin, all of whom had escaped from Nazi Germany in the 1930s, raised the most persistent oppositional views. This Article is about those contemporaries who experienced …
Draconian Discrimination: One Man's Battle With U.S. Immigration Law For Fairness, Justice, And American Citizenship, 2011 American University Washington College of Law
Draconian Discrimination: One Man's Battle With U.S. Immigration Law For Fairness, Justice, And American Citizenship, Rachel C. Zoghlin
Rachel Claire Zoghlin
“I was born into my father’s arms,” David responded emphatically when I asked him about his relationship with his mother. David’s father, Ronald, has been his teacher, his guardian, his provider, and his support for his entire life. He taught David to be strong and gentle, proud and humble. David inherited Ronald’s kind eyes, his honest nature, his palpable presence, and his immovable strength. The first, last, and only time David met his mother was on January 23, 1965 – the day he was born. Ronald raised two children, David and his sister Roxanne, as a single parent.
When David …
Полномочия Органов Местного Самоуправления В Социальной Сфере, 2011 Rostov State Economic University RINH
Полномочия Органов Местного Самоуправления В Социальной Сфере, Leonid G. Berlyavskiy, Ekaterina Zorina
Leonid G. Berlyavskiy
In the article activity of local governments in social sphere is analyzed. Problems of legislative regulation of powers of local governments on rendering of social protection of large families, in particular, on granting of the ground areas to free of charge citizens having of three and more children are considered
Inside The Civil Rights Ring: Statutory Jabs And Constitutional Haymakers, 2011 University of Oregon
Inside The Civil Rights Ring: Statutory Jabs And Constitutional Haymakers, Aaron J. Shuler
Aaron J Shuler
Civil rights litigators use statutory and constitutional attacks to combat inequality. Each approach has its advantages and drawbacks developed through interpretation by U.S. courts. The first major decision that shaped modern civil rights was the Civil Rights Cases that dodged a constitutional attack to withdraw most private acts of discrimination out of reach until the Civil Rights Act of 1964 was passed and validated in Heart of Atlanta v. U.S. In addition to the coupling of statutory attacks with private discrimination and constitutional challenges to state biases, statutory attacks have proven to be more adept at addressing disparate impacts as …
Massachusetts Firearms Prosecutions In The Wake Of Melendez-Diaz, 2011 Selected Works
Massachusetts Firearms Prosecutions In The Wake Of Melendez-Diaz, Kevin P. Chapman
Kevin P. Chapman
The Supreme Court ruling in Melendez-Diaz fundamentally changed the way that firearms offenses are prosecuted in Massachusetts. This paper presents the history of firearms prosecutions and the current state of the law, and it raises several unanswered questions that could further change the nature of future firearms prosecutions.
The Long And Winding Road From Monroe To Connick, 2011 Chicago-Kent College of Law
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
Sheldon Nahmod
In this article, I address the historical and doctrinal development of § 1983 local government liability, beginning with Monroe v. Pape in 1961 and culminating in the Supreme Court’s controversial 2011 failure to train decision in Connick v. Thompson. Connick has made it exceptionally difficult for § 1983 plaintiffs to prevail against local governments in failure to train cases. In the course of my analysis, I also consider the oral argument and opinions in Connick as well as various aspects of § 1983 doctrine. I ultimately situate Connick in the Court’s federalism jurisprudence which doubles back to Justice Frankfurter’s view …
The Natural And The Familiar In Politics And Law, 2011 Widener Law
The Natural And The Familiar In Politics And Law, Michael R. Dimino
Michael R Dimino
Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, 2011 Georgia State University
Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo
Nick J. Sciullo
Many in the legal academy have heard of Michelle Alexander’s new book, The New Jim Crow: Mass Incarceration in an Age of Colorblindness. It has been making waves. One need only attend any number of legal conferences in the past year or so, or read through the footnotes in recent law review articles. Furthermore, this book has been reviewed in journals from a number of academic fields, suggesting Alexander has provided a text with profound insights across the university and public spheres. While I will briefly talk about the book as a book, I will spend the majority of this …
Social Justice In Turbulent Times: Critical Race Theory And Occupy Wall Street, 2011 Georgia State University
Social Justice In Turbulent Times: Critical Race Theory And Occupy Wall Street, Nick J. Sciullo
Nick J. Sciullo
In this brief article, I tackle several issues that are critically important to progressive move(ment)s in the law and in society as a whole. I am convinced that the progressive community can make great strides in enriching the law and people’s experience with it through continued articulation and combined sense of theory and practice. We need to move beyond litigation and engage our critical consciousness to embrace activism on all fronts. This is why I locate a positive politics of struggle in the Occupy Movements that I believe progressives ought to embrace . We must simultaneously come to grips with …
The Rise Of Planning In Industrial America, 1865-1914, 2011 Selected Works
The Rise Of Planning In Industrial America, 1865-1914
Richard Adelstein
How American firms grew very large after the Civil War, and how Americans responded to them.
Judicial Non-Compliance In A Non-Hierarchical Legal Order: Isolated Accident Or Omen Of Judicial Armageddon?, 2011 Max Planck Institute for International and Comparative Law
Judicial Non-Compliance In A Non-Hierarchical Legal Order: Isolated Accident Or Omen Of Judicial Armageddon?, Arthur Dyevre
Arthur Dyevre
In a multi-level, non-hierarchical court system, where courts at the upper echelon do not have the power to reverse the decisions of courts at the lower level, judicial cooperation appears crucial to the effectiveness of the higher-level law. For this reason, the recent judgment of the Czech Constitutional Court, which declared the decision of the Court of Justice in the Landtová case ultra vires, would seem to deal a terrible blow to the authority of European Union law. As doomsayers will be quick to point out, the Czech decision could set a dangerous precedent that may well one day bring …
El Proyecto De Reforma Del Artículo 24 Constitucional Sobre Libertad Religiosa, 2011 Instituto de Investigaciones Jurídicas, de la Universidad Nacional Autónoma de México (UNAM)
El Proyecto De Reforma Del Artículo 24 Constitucional Sobre Libertad Religiosa, Jorge Adame Goddard
Jorge Adame Goddard
No abstract provided.