Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , 2012 Pepperdine University
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Pepperdine Law Review
No abstract provided.
The Constitutional Right To (Keep Your) Same-Sex Marriage, 2012 University of Michigan Law School
The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders
Michigan Law Review
Same-sex marriage is now legal in six states, and tens of thousands of same-sex couples have already gotten married. Yet the vast majority of other states have adopted statutes or constitutional amendments banning same-sex marriage. These mini-defense of marriage acts not only forbid the creation of same-sex marriages; they also purport to void or deny recognition to the perfectly valid same-sex marriages of couples who migrate from states where such marriages are legal. These nonrecognition laws effectively transform the marital parties into legal strangers, causing significant harms: property rights are potentially altered, spouses disinherited, children put at risk, and financial, …
The Newest Jim Crow And The Incarceration Of Black Males, 2012 Selected Works
The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell
Dr. Edward E. Bell
Black males are in jail. Are "we" to blame? The New Jim Crow is alive.
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
Mark 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a narrower set of rights than the Thirteenth Amendment, then the proper inference may be that the Fourteenth Amendment repealed or modified crucial rights originally protected by the Thirteenth Amendment.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 …
Judicial Re-Use:«Codification» Or Return Of Hegelism? The Comparative Arguments In The “South” Of The World, 2012 University of Salento
Judicial Re-Use:«Codification» Or Return Of Hegelism? The Comparative Arguments In The “South” Of The World, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
Medical Oxymoron Or Necessary Prevention Of Repeat Sex Offenses: An Examination Of The Appropriateness Of Existing Chemical Castration Statutes, 2012 Faulkner University School of Law
Medical Oxymoron Or Necessary Prevention Of Repeat Sex Offenses: An Examination Of The Appropriateness Of Existing Chemical Castration Statutes, Robert Watters
Robert Watters
The current chemical castration statutes in six states are full of logical constitutional, medical and ethical questions and concerns. The basis for the criticism can be traced to how the schemes were developed compared to the those used in Europe. The castration statutes enacted after long trial and error periods are, therefore, easily discernible from those signed into law quickly as a reaction to some outside event.
Why Obama’S Words Didn’T Go Far Enough, 2012 University of Georgia School of Law
Why Obama’S Words Didn’T Go Far Enough, Sonja R. West, Dahlia Lithwick
Popular Media
When President Obama announced his support of same-sex marriage, he talked broadly about “equality” and “fairness.” He spoke of “opposing discrimination against gays and lesbians” and making sure that nobody is treated as “less than full citizens when it comes to their legal rights.” It was a powerful moment—historic and emotional. In the Aaron Sorkin version, the orchestra would have soared at this point as the supporting cast members exchanged teary-eyed yet knowing nods.
But then President Obama described how these rights should be protected and the music stopped with a squawk. Same-sex marriage, he said, is not in fact …
Due Process As Separation Of Powers, 2012 University of Georgia School of Law
Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell
Scholarly Works
From its conceptual origin in Magna Charta, due process of law has required that government can deprive persons of rights only pursuant to a coordinated effort of separate institutions that make, execute, and adjudicate claims under the law. Originalist debates about whether the Fifth or Fourteenth Amendments were understood to entail modern “substantive due process” have obscured the way that many American lawyers and courts understood due process to limit the legislature from the Revolutionary era through the Civil War. They understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was …
Nguyen V. Ins And The Application Of Intermediate Scrutiny To Gender Classifications: Theory, Practice, And Reality, 2012 Pepperdine University
Nguyen V. Ins And The Application Of Intermediate Scrutiny To Gender Classifications: Theory, Practice, And Reality, Norman T. Deutsch
Pepperdine Law Review
The Supreme Court has articulated three theoretically different standards of review for determining whether government action has denied any person equal protection of the laws: rational basis, intermediate scrutiny, and strict scrutiny. One area of this tri-level jurisprudence that continues to be troublesome in practice is the application of intermediate scrutiny to gender classifications. Nguyen v. INS is significant because it is the first case in which all nine Justices unequivocally applied that standard in such a case. Nonetheless, the application of the standard remains problematic since the Court split five to four on its application to the facts. This …
Land Use Moratoria And Temporary Takings Redefined After Lake Tahoe?, 2012 Pepperdine University
Land Use Moratoria And Temporary Takings Redefined After Lake Tahoe?, Laura Hurmence Mckaskle
Pepperdine Law Review
No abstract provided.
Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, 2012 Pepperdine University
Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle
Pepperdine Law Review
No abstract provided.
Idee Di Giustizia E Tradizioni Giuridiche, 2012 University of Salento
Idee Di Giustizia E Tradizioni Giuridiche, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
Circolazione Coloniale Del Costituzionalismo, 2012 University of Salento
Circolazione Coloniale Del Costituzionalismo, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, 2012 Barry University
Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens, 2012 Touro Law Center
The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens, Rodger D. Citron
Rodger Citron
No abstract provided.
The Confirmation Of Punitive Awards In Arbitration: Did Due Process Disappear?, 2012 Pepperdine University
The Confirmation Of Punitive Awards In Arbitration: Did Due Process Disappear?, Stuart M. Boyarsky
Pepperdine Dispute Resolution Law Journal
Part I of this article provides a brief overview of the reasoning behind the limited judicial review of an arbitral award. Part II describes the state action doctrine and explains how several courts have used the doctrine in order to apply due process protection to proceedings involving private actors. In particular, this section discusses several significant decisions that involve the issue of whether a court's confirmation of an arbitrator's award of punitive damages creates state action and requires the application of constitutional protections such as due process. This Note concludes that due to a leading decision by the Eleventh Circuit, …
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 applied …
Teens, Sexts, & Cyberspace: The Constitutional Implications Of Current Sexting & Cyberbullying Laws, 2012 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 that unjustified …