Semantica Storica Dei Formanti Giuridici, 2012 University of Salento
Semantica Storica Dei Formanti Giuridici, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
Independence For Washington State's Privileges And Immunities Clause, 2012 University of Washington School of Law
Independence For Washington State's Privileges And Immunities Clause, P. Andrew Rorholm Zellers
Washington Law Review
Article I, section 12 of the Washington State Constitution prohibits special privileges and immunities. It provides: “No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.” Since the 1940s, the Washington State Supreme Court has analogized article I, section 12 to the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. As a result, it has treated claims under article I, section 12 and the Equal Protection Clause as a single inquiry and ...
Teens, Sexts, & Cyberspace: The Constitutional Implications Of Current Sexting & Cyberbullying Laws, 2012 College of William & Mary Law School
Teens, Sexts, & Cyberspace: The Constitutional Implications Of Current Sexting & Cyberbullying Laws, Jamie L. Williams
William & Mary Bill of Rights Journal
No abstract provided.
The Past And Future Of Deinstitutionalization Litigation, 2012 University of Michigan Law School
The Past And Future Of Deinstitutionalization Litigation, Samuel R. Bagenstos
Law & Economics Working Papers
Two conflicting stories have consumed the academic debate regarding the impact of deinstitutionalization litigation. The first, which has risen almost to the level of conventional wisdom, is that deinstitutionalization was a disaster. The second story does not deny that the results of deinstitutionalization have in many cases been disappointing. But it challenges the suggestion that deinstitutionalization has uniformly been unsuccessful, as well as the causal link critics seek to draw with the growth of the homeless population. This dispute is not simply a matter of historical interest. The Supreme Court’s 1999 decision in Olmstead v. L.C., which held ...
Timeline Of African-American Legal History In Nevada (1861-2011), 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law
Timeline Of African-American Legal History In Nevada (1861-2011), Rachel J. Anderson
For the first time in Nevada history, this timeline depicts selected events in the history of African-American lawyers, civil rights, and diversity in Nevada's bar and bench. It includes many historically significant pictures and is part of a special Black History Month issue of the Nevada Lawyer, the official publication of the State Bar of Nevada. That issue highlights the achievements and contributions of African-American lawyers in Nevada in honor of the 51st anniversary of the first African American (Charles L. Kellar) passing the Nevada state bar examination, the 48th anniversary of the first two African Americans admitted to ...
Preserving The Past In The Present For The Future: Las Vegas Chapter Of The National Bar Association Archive At The Wiener-Rogers Law Library, 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law
Preserving The Past In The Present For The Future: Las Vegas Chapter Of The National Bar Association Archive At The Wiener-Rogers Law Library, Jeanne Price, Rachel J. Anderson
This co-authored article documents the establishment of the Las Vegas Chapter of the National Bar Association (LVNBA) Archive in 2011 at the Wiener-Rogers Law Library at the University of Nevada, Las Vegas, William S. Boyd School of Law, which may be the first of its kind in the nation. The LVNBA archive was established in cooperation with the LVNBA, the local affiliate of the National Bar Association, which is the nation’s oldest minority bar and largest national association of over 44,000 predominately African-American lawyers, judges, professors, and law students. Materials donated by the LVNBA and its members document ...
Marriage In California: Is The Federal Lawsuit Against Proposition 8 About Applying The Fourteenth Amendment Or Preserving Federalism? , Charles M. Cannizzaro
Pepperdine Law Review
No abstract provided.
Confronting Coventurers: Coconspirator Hearsay, Sir Walter Raleigh, And The Sixth Amendment Confrontation Clause, 2012 University of Missouri School of Law
Confronting Coventurers: Coconspirator Hearsay, Sir Walter Raleigh, And The Sixth Amendment Confrontation Clause, Ben L. Trachtenberg
Using the example of a recent major terrorism prosecution, this article addresses “coventurer hearsay” in the context of the ongoing Confrontation Clause debate concerning the United States Supreme Court’s decision in Crawford v. Washington. Courts have recently begun admitting hearsay evidence pursuant to a revisionist interpretation of the coconspirator statement exception to the hearsay rule. Under the new “lawful joint venture” theory, a hearsay statement may be admitted as a coconspirator statement if made in furtherance of a “joint undertaking” - defined as pretty much any cooperative activity - even if the “conspiracy” is not illegal. Because this new interpretation of ...
The Structural Constitutional Principle Of Republican Legitimacy, 2012 IIT Chicago-Kent College of Law
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
All Faculty Scholarship
Representative democracy does not spontaneously occur by citizens gathering to choose laws. Instead, republicanism takes place within an extensive legal framework that determines who gets to vote, how campaigns are conducted, what conditions must be met for representatives to make valid law, and many other things. 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 has led to most congressional districts not being party-competitive, but instead being safely Republican or Democratic) and against onerous voter identification requirements (which reduce the voting rates of ...
Willful [Color-] Blindness: The Supreme Court's Equal Protection Of Ascription, 2012 University of Oregon
Willful [Color-] Blindness: The Supreme Court's Equal Protection Of Ascription, Aaron J. Shuler
Aaron J Shuler
Rogers Smith in his "Beyond Tocqueville, Myrdal and Hartz: The Multiple Traditions in America," warns of novel legal systems reconstituting ascriptive American inequality. The post-Warren Courts' approach to Equal Protection, specifically their unwillingness to consider disparate impact and the difference between invidious and benign practices, betrays an "ironic innocence" as described by James Baldwin to a history of racial discrimination and domination, and a disavowal of a hiearchy that the Court perpetuates.
Implicit Bias In Employment Litigation, 2012 University of Colorado at Boulder
Implicit Bias In Employment Litigation, Melissa R. Hart
Melissa R Hart
Judges exercise enormous discretion in civil litigation, and nowhere more than in employment discrimination litigation, where the trial court’s “common sense” view of what is or is not “plausible” has significant impact on the likelihood that a case will survive summary judgment. As a general matter, doctrinal developments in the past two decades have quite consistently made it more difficult for plaintiffs to assert their claims of discrimination. In addition, many of these doctrines have increased the role of judicial judgment – and the possibility of the court’s implicit bias – in the life cycle of an employment discrimination case ...
Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, 2012 University of Haifa School of Law http://weblaw.haifa.ac.il/en/faculty/rananbrazily/pages/default.aspx
Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr.
Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)
Abstract: At least ninety percent (90%) of American parents, mothers and fathers, say they are experiencing an acute shortage of time spent with family and an intense work-family conflict. This article provides a history and a theory that should inform our conceptualization of work-family regulation. It points to the neglected history of working-class social feminism. It shows how working-class social feminists at the beginning of the twentieth century advocated for “constructive feminism”—government support, by way of labor regulation, of what this article terms “multidimensionalism”—a life enriched by meaningful dimensions of work, family, civic participation, and culture. The Article ...
A Shot In Arm: Can Chemical Castration Statutes Cure Sex Offenders Legally And Ethically?, 2012 Faulkner University School of Law
A Shot In Arm: Can Chemical Castration Statutes Cure Sex Offenders Legally And Ethically?, Robert Watters
At least seven states have chemical castration statutes to combat recidivist sex offenders. This article is an examination of the appropriateness and effectiveness of those statutes as against the successful European models.
Inextricably Political: Race, Membership And Tribal Sovereignty, 2012 University of Colorado at Boulder
Inextricably Political: Race, Membership And Tribal Sovereignty, Sarah Krakoff
Courts address equal protection questions about the distinct legal treatment of American Indian tribes in the following dichotomous way: are classifications concerning American Indians “racial or political?” If the classification is political (i.e. based on federally recognized tribal status or membership in a federally recognized tribe) then courts will not subject it to heightened scrutiny. If the classification is racial rather than political, then courts may apply heightened scrutiny. This article challenges the dichotomy itself. The legal categories “tribe” and “tribal member” are themselves political, and reflect the ways in which tribes and tribal members have been racialized by ...
Equal Protection, Immigrants And Access To Health Care And Welfare Benefits, 2012 Glasgow Caledonian University
Equal Protection, Immigrants And Access To Health Care And Welfare Benefits, Mel Cousins
The introduction of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) led to considerable litigation on the rights of immigrants to welfare benefits and access to health care. There was considerable divergence between the approaches adopted by the different courts (both federal and State) based, in part, on the different statutory schemes involved but also on different approaches to equal protection. However, none of the cases reached the Supreme Court so the ‘correct’ approach remained unclarified. Perhaps inspired by the fiscal crisis of 2008, several States have again excluded certain legal immigrants from the scope of State ...
Iqbal & Twobly: Will Plausibility Requirments Influence The Supreme Court's Analysis Of Affirmative Action?, 2012 SERF Foundation - Board of Scholars
Iqbal & Twobly: Will Plausibility Requirments Influence The Supreme Court's Analysis Of Affirmative Action?, Colin W. Maguire
Colin W. Maguire
The U.S. Supreme Court seems intent on taking another look at affirmative action in higher education. What could this mean for colleges and universities? This blawg post offers no definitive answers, but points out that arguments exists for both sides of the issue through a recent legal development: Iqbal & Twobly's Plausibility Doctrine. If the Doctrine forces a transative duty on case law, then affirmative action programs' legal rationale - long decried for not making logical sense - could suffer. Conversely, the Court appears to have already used plausibility as a factor in promoting a different type of affirmative action program ...
Federalism, Individual Rights And Judicial Engagement, 2012 University of Richmond
Federalism, Individual Rights And Judicial Engagement, Kurt T. Lash
Law Faculty Publications
Contemporary “rights talk” under the American Constitution tends to focus on individual rights or those rights that can be perfected in the case of a single individual. This would include, for example, the rights to free expression, free exercise of religion, sexual autonomy, or the right to equal treatment. Under the broad umbrella of individual-rights talk, theoretical discussions generally involve whether courts ought to recognize a particular individual right or what level of scrutiny (or engagement) ought to apply to judicially identified individual rights.
From the beginning of our history as a nation, however, the concept of legally cognizable rights ...
Shelby County V. Holder And The Voting Rights Act: Getting The Right Answer With The Wrong Standard, 2012 The Catholic University of America, Columbus School of Law
Shelby County V. Holder And The Voting Rights Act: Getting The Right Answer With The Wrong Standard, Michael James Burns
Catholic University Law Review
No abstract provided.
Free Speech For Judges And Due Process For Litigants: The Elimination Of First And Fourteenth Amendment Mutual Exclusivity In Siefert V. Alexander, 46 J. Marshall L. Rev. 333 (2012), 2012 John Marshall Law School
Free Speech For Judges And Due Process For Litigants: The Elimination Of First And Fourteenth Amendment Mutual Exclusivity In Siefert V. Alexander, 46 J. Marshall L. Rev. 333 (2012), Margaret Mares
The John Marshall Law Review
No abstract provided.
Subtraction By Addition?: The Thirteenth And Fourteenth Amendments, 2012 University of Maryland Francis King Carey School of Law
Subtraction By Addition?: The Thirteenth And Fourteenth Amendments, Mark A. Graber
The celebration of the Thirteenth Amendment in many Essays prepared for this Symposium may be premature. That the Thirteenth Amendment arguably protects a different and, perhaps, wider array of rights than the Fourteenth Amendment may be less important than the less controversial claim that the Fourteenth Amendment was ratified after the Thirteenth Amendment. If the Fourteenth Amendment covers similar ground as the Thirteenth Amendment, but protects a narrower set of rights than the Thirteenth Amendment, then the proper inference may be that the Fourteenth Amendment repealed or modified crucial rights originally protected by the Thirteenth Amendment. The broad interpretation of ...