Roosevelt Institute
University of Maine - Main
Brigham Young University Law School
Netherlands Institute for War, Holocaust, and Genocide Studies
John Marshall Law School
NYU Leonard N. Stern School of Business
University of Connecticut - Storrs
CUNY John Jay College
Reciprocal Legitimation In The Federal Courts System: Racial Segregation, Reapportionment, And Obergefell Appendix A,
2017
Duke Law School
Reciprocal Legitimation In The Federal Courts System: Racial Segregation, Reapportionment, And Obergefell Appendix A, Neil S. Siegel
Faculty Scholarship
Much scholarship in law and political science has long understood the U.S. Supreme Court to be the “apex” court in the federal judicial system, and so to relate hierarchically to “lower” federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the “percolation” of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and ...
Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates,
2016
University of Puget Sound
Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross
Politics & Government Undergraduate Theses
The need for better communication systems in prisons is dire and will reduce recidivism rates in the United States. Not only is communication via phone lines extremely expensive and corrupt, it is almost impossible. Inmates in United States Prisons need this availability and option to communicate with their families and maintain outside relationships. While maintaining healthy and positive relationships is good for inmate's mental health, it also decreases the risk of recidivism. This paper aims to highlight the benefits of phone communication and relationships between inmates and family on the outside for it will decrease the 50% recidivism rate ...
The Rise Of The Global South, The Imf And The Future Of Law And Development,
2016
University of Wollongong
The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia
Dr Gabriel Garcia
Beyond Campaign Finance Reform,
2016
Drexel University, Thomas R. Kline School of Law
Beyond Campaign Finance Reform, Tabatha Abu El-Haj
Boston College Law Review
While the public blames the United States Supreme Court’s decision in Citizens United v. FEC for the outsized political influence of the super-wealthy, experts in the field know that the constitutional constraints on our ability to limit the political influence of moneyed elites long-predate Citizens United and pose a formidable barrier to effective campaign finance reform. Nevertheless, the most consistent calls in legal circles are for yet more campaign finance reform. This Article argues that it is time for those serious about curtailing the influence of money in politics to recognize that the struggle for effective campaign finance reforms ...
When Immigrants Speak: The Precarious Status Of Non-Citizen Speech Under The First Amendment,
2016
University of Nevada, Las Vegas, William S. Boyd School of Law
When Immigrants Speak: The Precarious Status Of Non-Citizen Speech Under The First Amendment, Michael Kagan
Boston College Law Review
Although many unauthorized immigrants have become politically active in campaigning for immigration reform, their ability to speak out publicly may depend more on political discretion than on the constitutional protections that citizens normally take for granted. Potential threats to immigrant free speech may be seen in three areas of law. First, the Department of Justice has made a broad claim that immigrants who have not been legally admitted to the country have no First Amendment protection at all. Second, the Supreme Court has approved broad prohibitions on non-citizens spending money on speech that is related to electoral campaigns. Third, the ...
New Judicial Review In Old Europe,
2016
Yale University
New Judicial Review In Old Europe, Alyssa S. King
Georgia Journal of International & Comparative Law
No abstract provided.
My Turn: 'We The People' And The Garland Nomination,
2016
Franklin Pierce Law Center
My Turn: 'We The People' And The Garland Nomination, John M. Greabe
Legal Scholarship
[Excerpt] "Because I teach constitutional law, a friend recently asked me whether Judge Merrick Garland or President Obama might successfully sue to compel the Senate to take action on the nomination of Judge Garland to fill the vacancy on the United States Supreme Court.
Almost certainly not, I told him. Under settled precedent, a judge would dismiss such a case as raising a non-legal ''political" question. It would be very difficult to develop acceptable decisional standards for such a claim. Moreover, courts are reluctant to entertain lawsuits challenging mechanisms that the Senate uses to oversee the judiciary."
The Role Of Case Complexity In Judicial Decision Making.,
2016
University of Louisville
The Role Of Case Complexity In Judicial Decision Making., Laura P. Moyer
Laura Moyer
The literature on ideology and decision making offers conflicting expectations about how judges’ ideology should affect their votes in cases that raise many legal issues. Using cases from the U.S. Courts of Appeals, I examine the strength of ideology as a predictor of sincere voting in single and multi-issue cases and test whether the same effect for ideology can be seen for liberal and conservative judges. For all judges, ideology yields a larger effect as the number of issues increases; however, conservative judges are much more likely than liberal judges to cast sincere votes at all levels of complexity.
The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?,
2016
Penn State Law
The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?, John Anwesen
Penn State Journal of Law & International Affairs
No abstract provided.
International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties,
2016
Penn State Law
International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties, Ho-Young Song
Penn State Journal of Law & International Affairs
No abstract provided.
Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence,
2016
Penn State Law
Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence, Francesca Jensenius, Abby Wood
Penn State Journal of Law & International Affairs
No abstract provided.
Abused, Abandoned, Or Neglected: Legal Options For Recent Immigrant Women And Girls,
2016
Penn State Law
Abused, Abandoned, Or Neglected: Legal Options For Recent Immigrant Women And Girls, Meaghan Fitzpatrick, Leslye Orloff
Penn State Journal of Law & International Affairs
No abstract provided.
The Forgotten Victim: Men And Domestic Violence - Issues For The I-360 Petition,
2016
Penn State Law
The Forgotten Victim: Men And Domestic Violence - Issues For The I-360 Petition, Christine Grant
Penn State Journal of Law & International Affairs
No abstract provided.
Domestic Violence Victims Need Support At State Level,
2016
Penn State Law
Domestic Violence Victims Need Support At State Level, Rep. Scott Conklin
Penn State Journal of Law & International Affairs
No abstract provided.
Violence Against Women Symposium And Collected Works,
2016
Penn State Law
Violence Against Women Symposium And Collected Works
Penn State Journal of Law & International Affairs
No abstract provided.
Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise,
2016
Columbia University
Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson
Katharine Jackson
Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules,
2016
University of Pennsylvania Law School
Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules, Stephanos Bibas
Faculty Scholarship
Far too many reporters and pundits collapse law into politics, assuming that the left–right divide between Democratic and Republican appointees neatly explains politically liberal versus politically conservative outcomes at the Supreme Court. The late Justice Antonin Scalia defied such caricatures. His consistent judicial philosophy made him the leading exponent of originalism, textualism, and formalism in American law, and over the course of his three decades on the Court, he changed the terms of judicial debate. Now, as a result, supporters and critics alike start with the plain meaning of the statutory or constitutional text rather than loose appeals to ...
The Fate Of Armed Resistance Groups After Peace,
2016
Indiana University Maurer School of Law
The Fate Of Armed Resistance Groups After Peace, David C. Williams
Indiana Journal of Constitutional Design
No abstract provided.
The Political Branches And The Law Of Nations,
2016
Notre Dame Law School
The Political Branches And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia
Anthony J. Bellia
In the late eighteenth and early nineteenth centuries, the U.S. Supreme Court went out of its way to follow background rules of the law of nations, particularly the law of state-state relations. As we have recently argued, the Court followed the law of nations because adherence to such law preserved the constitutional prerogatives of the political branches to conduct foreign relations and decide momentous questions of war and peace. Although we focused primarily on the extent to which the Constitution obligated courts to follow the law of nations in the early republic, the explanation we offered rested on an ...
Law, Religion, And Politics: Understanding The Separation Of Church And State,
2016
University of Notre Dame Law School
Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett
Richard W Garnett
Professor Richard Garnett, of University of Notre Dame Law School, presented on the topic Law, Religion, and Politics: Understanding the Separation of Church and State. This workshop was presented as part of the Hesburgh Lecture Series through the Alumni & Friends of University of Notre Dame and was co-sponsored by the Notre Dame Alumni Club of Miami. This workshop examined how to understand the Constitution's "separation of church and state" and what it requires of religious believers and institutions.
