Due Process Abroad,
2017
University of Georgia
Due Process Abroad, Nathan Chapman
Scholarly Works
Defining the scope of the Constitution’s application outside U.S. territory is more important than ever. This month the Supreme Court will hear oral argument about whether the Constitution applies when a U.S. officer shoots a Mexican child across the border. Meanwhile the federal courts are scrambling to evaluate the constitutionality of an Executive Order that, among other things, deprives immigrants of their right to reenter the United States. Yet the extraterritorial reach of the Due Process Clause — the broadest constitutional limit on the government’s authority to deprive persons of “life, liberty, and property” — remains obscure. Up to now, …
Shh! State Legislators Bite Your Tongues: Semantics Dictates The Constitutionality Of Public School "Moment Of Silence" Statutes,
2017
St. John's University School of Law
Shh! State Legislators Bite Your Tongues: Semantics Dictates The Constitutionality Of Public School "Moment Of Silence" Statutes, Elizabeth Anne Walsh
The Catholic Lawyer
No abstract provided.
Silent Protest: A Catholic Justice Dissents In Buck V. Bell,
2017
St. John's University School of Law
Silent Protest: A Catholic Justice Dissents In Buck V. Bell, Phillip Thompson
The Catholic Lawyer
No abstract provided.
Kingsley Breathes New Life Into Substantive Due Process As A Check On Abuse Of Government Power,
2017
Valparaiso University Law School
Kingsley Breathes New Life Into Substantive Due Process As A Check On Abuse Of Government Power, Rosalie Berger Levinson
Notre Dame Law Review
Part I of this Article briefly summarizes the origin and judicial development of substantive due process, focusing on the lead cases that have led appellate courts to narrowly construe the substantive due process guarantee. Part II discusses the Kingsley opinion, both the majority’s analysis and the dissent’s objection to the use of an objective reasonableness test. Part III suggests how Kingsley can be used by litigators seeking to protect pretrial detainees, not only from excessive force, but also from an official’s failure to protect or failure to care for the medical and other needs of pretrial detainees. Part IV explains …
The Failure Of Education Federalism,
2017
Michigan State University College of Law
The Failure Of Education Federalism, Kristi L. Bowman
University of Michigan Journal of Law Reform
Since the Great Recession of 2007–09, states have devoted even less money to public education and state courts have become even more hostile to structural reform litigation that has sought to challenge education funding and quality. Yet the current model of education federalism (dual federalism) leaves these matters largely to the states. As a result, state-level legislative inaction, executive acquiescence, and judicial abdication can combine to create a situation in which the quality of traditional public schools declines sharply. This is the case in Michigan, which is an unusually important state not only because the dynamics that are emerging in …
Legal/Legislative Issues In Euthanasia And Physician-Assisted Suicide,
2017
St. John's University School of Law
Legal/Legislative Issues In Euthanasia And Physician-Assisted Suicide, Edward Grant
The Catholic Lawyer
No abstract provided.
The Right To Self-Directed Death: Reconsidering An Ancient Proscription,
2017
St. John's University School of Law
The Right To Self-Directed Death: Reconsidering An Ancient Proscription, G. Steven Neeley
The Catholic Lawyer
No abstract provided.
The Crossroads Of A Legal Fiction And The Reality Of Families,
2017
University of Maine School of Law
The Crossroads Of A Legal Fiction And The Reality Of Families, Andrew L. Weinstein
Maine Law Review
In Adoption of M.A., the Maine Supreme Judicial Court, sitting as the Law Court, held that an unmarried, same-sex couple could file a joint petition for adoption of two foster children in their care. This recent decision is only a fraction of a story that originated a long time ago when same-sex couples began raising children. This Comment begins by examining the role of the state courts and the United States Supreme Court in their exposition of family law relating to adoption by same-sex couples. The United States Supreme Court has periodically weighed in on family law and parenting in …
Bray V. Alexandria Women's Health Clinic: Abortion Protesters Are Not Liable Under The Ku Klux Klan Act,
2017
St. John's University School of Law
Bray V. Alexandria Women's Health Clinic: Abortion Protesters Are Not Liable Under The Ku Klux Klan Act, Sue Mota
The Catholic Lawyer
No abstract provided.
Constitution Day Lecture: Constitutional Law And Tort Law: Injury, Race, Gender, And Equal Protection,
2017
University of Maine School of Law
Constitution Day Lecture: Constitutional Law And Tort Law: Injury, Race, Gender, And Equal Protection, Jennifer B. Wriggins
Maine Law Review
The focus of today’s annual Constitution Day lecture at the University of Maine School of Law is on the Fourteenth Amendment and specifically how the Equal Protection Clause relates to tort law. First, I will talk about the Equal Protection Clause in general—what it says, and some of what it has been held to mean—particularly where government makes distinctions based on race and gender. Second, I will discuss two historical tort cases that violate equal protection on the basis of race. In doing so, I uncover the racial history of tort law that has been hidden in plain sight. I …
Fisher V. University Of Texas At Austin: Navigating The Narrows Between Grutter And Parents Involved,
2017
University of Maine School of Law
Fisher V. University Of Texas At Austin: Navigating The Narrows Between Grutter And Parents Involved, Kimberly A. Pacelli
Maine Law Review
Universities’ use of race as a factor in their admissions decisions has been a divisive issue both in the legal system and in political discourse. Opponents of affirmative action have challenged racial preferences in public university admissions under the Equal Protection Clause of the Fourteenth Amendment. Individuals who find themselves denied a coveted seat in a university class and suspect that racial preferences are to blame will often challenge their rejection as a denial of their state’s “equal protection of the laws.” The United States Court of Appeals for the Fifth Circuit recently considered whether the University of Texas at …
Enough Is Enough: The Law Court's Decision To Functionally Raise The "Reasonable Connection" Relevancy Standard In State V. Mitchell,
2017
University of Maine School of Law
Enough Is Enough: The Law Court's Decision To Functionally Raise The "Reasonable Connection" Relevancy Standard In State V. Mitchell, Robert P. Hayes
Maine Law Review
In State v. Mitchell, the Maine Supreme Judicial Court, sitting as the Law Court, affirmed a jury verdict finding Thomas Mitchell guilty of a 1983 murder. In doing so, the Law Court examined two issues: First, whether the trial court “abused its discretion in excluding evidence of an alternative suspect”; and second, whether the trial court’s decision to admit evidence stemming from an autopsy performed two decades before the trial violated the Confrontation Clause of the United States Constitution. In reaching the alternative suspect decision, the Law Court held that the evidence proffered by Mitchell did not establish a reasonable …
Enforcement Dissonance: Lobsters, The Legislature, And Federal Waters In State V. Thomas,
2017
University of Maine School of Law
Enforcement Dissonance: Lobsters, The Legislature, And Federal Waters In State V. Thomas, Christopher J. Rauscher
Maine Law Review
Consider the following: You, a Maine resident, and your friend, a Massachusetts resident, have gone for a weekend trout fishing trip to Acadia National Park in Downeast Maine. The two of you are happily catching trout, and then each of you hook a bass and reel it in. Keeping the bass is illegal under Maine law but not banned by the National Park. Along comes a Maine game warden, who spies the two of you and cites only you with a fine for catching and keeping the bass. The warden says nothing to the Massachusetts resident who continues to fish, …
God's Green Earth? The Environmental Impacts Of Religious Land Use,
2017
University of Maine School of Law
God's Green Earth? The Environmental Impacts Of Religious Land Use, Kellen Zale
Maine Law Review
Boulder County, Colorado has been at the forefront of the environmental movement for decades. Starting with its citizens’ vote in 1967 to implement a tax specifically to preserve open space, the city has long been known for its progressive environmental policies. At the center of Boulder’s environmental protection efforts is a comprehensive system of land use regulations designed to mitigate the slow chokehold of ever-encroaching development on wetlands and open space, on groundwater and soils, and on wildlife and native species. Numerous communities across the country have followed Boulder’s much-praised model and enacted their own environmental zoning laws to protect …
"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children,
2017
University of Maine School of Law
"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn Mclain
Maine Law Review
Young children are frequently precluded from testifying at trial on the grounds of incompetency because they cannot answer questions about abstract concepts regarding “truth” and “lies.” In this situation, should the child’s earlier, out-of-court statements disclosing the abuse and identifying the abuser also be inadmissible? The stakes are huge. If young children cannot testify, and their out-of-court statements are precluded, they simply become safe prey, unprotected by the judicial system. The pivotal question becomes, are there procedures that can ensure fairness both to children and to their alleged abusers? This article argues that a child’s testimonial incapacity at trial ought …
Arming The Second Amendment - And Enforcing The Fourteenth,
2017
Brooklyn Law School
Arming The Second Amendment - And Enforcing The Fourteenth, William Araiza
Faculty Scholarship
No abstract provided.
Justice Blackmun And Individual Rights,
2017
University of Chicago Law School
Justice Blackmun And Individual Rights, Diane P. Wood
Dickinson Law Review (2017-Present)
Of the many contributions Justice Blackmun has made to American jurisprudence, surely his record in the area of individual rights stands out for its importance. Throughout his career on the Supreme Court, he has displayed concern for a wide variety of individual and civil rights. He has rendered decisions on matters ranging from the most personal interests in autonomy and freedom from interference from government in life’s private realms, to the increasingly complex problems posed by discrimination based upon race, sex, national origin, alienage, illegitimacy, sexual orientation, and other characteristics. As his views have become well known to the public, …
The Equal Rights Amendment: A Legal Assessment,
2017
St. John's University School of Law
The Equal Rights Amendment: A Legal Assessment, Wilfred R. Caron
The Catholic Lawyer
No abstract provided.
Abortion And The Conscience Of The Nation,
2017
St. John's University School of Law
Abortion And The Conscience Of The Nation, Ronald Reagan
The Catholic Lawyer
No abstract provided.
Humane Provisions For Aborted Human Remains,
2017
St. John's University School of Law
Humane Provisions For Aborted Human Remains, Patrick Monaghan
The Catholic Lawyer
No abstract provided.
