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Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins 2017 University of Georgia School of Law

Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins

Georgia Journal of International & Comparative Law

No abstract provided.


Proportional Fault In Maritime Collisions-Charting The New Course, Gustave R. Dubus III 2017 University of Georgia School of Law

Proportional Fault In Maritime Collisions-Charting The New Course, Gustave R. Dubus Iii

Georgia Journal of International & Comparative Law

No abstract provided.


The Supreme Court’S Limited Public Forum, Sonja R. West 2017 University of Georgia School of Law

The Supreme Court’S Limited Public Forum, Sonja R. West

Scholarly Works

When discussing the issue of transparency at the United States Supreme Court, most commentators focus on the line between public and private. Yet, transparency is not always such a black-or-white issue. There are, in fact, a surprising number of significant Court moments that occur neither wholly in public nor completely in private. Through policies that obstruct access by the general public and exploit real-world limitations on the press and practitioners, the justices have crafted a grey area in which they can be “public,” yet only to select audiences. The effect is that few outside the courtroom ever learn about these ...


Reciprocal Legitimation In The Federal Courts System: Racial Segregation, Reapportionment, And Obergefell Appendix A, Neil S. Siegel 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 ...


Construction, Originalist Interpretation And The Complete Constitution, Richard Kay 2016 Selected Works

Construction, Originalist Interpretation And The Complete Constitution, Richard Kay

Richard Kay

 In recent years, the literature of constitutional originalism has adopted a new concept, “constitutional construction.” This Essay critically examines that concept. Contrary to some claims, the difference between “interpretation” and “construction” is not well established in common law adjudication. Furthermore, contemporary descriptions of constitutional construction tend to leave some ill-defined discretion in the hands of constitutional decision-makers. Finally, the Essay disputes the claim that constitutional construction is indispensable because the constitutional text is incomplete, that failing to provide a decision-rule for many—indeed for most—constitutional disputes. The Constitution would indeed be incomplete if interpreted according to the “new” or ...


Commentary: Justice Who Follows Scalia's Path Would Hurt The Working Class, Bruce A. Larson 2016 Gettysburg College

Commentary: Justice Who Follows Scalia's Path Would Hurt The Working Class, Bruce A. Larson

Political Science Faculty Publications

During the campaign, Donald Trump released a list of 21 conservatives from which he promised to pick Supreme Court justices, should he win the election. With President-elect Trump apparently nearing a decision on a nominee to replace the late Justice Scalia, Senate Republicans are no doubt eagerly awaiting the chance to confirm Trump's pick and restore a conservative majority on the court. [excerpt]


Difficult Questions For The Senate Minority, John M. Greabe 2016 University of New Hampshire School of Law

Difficult Questions For The Senate Minority, John M. Greabe

Legal Scholarship

This column is the first in a biweekly Constitutional Connections series that will examine the constitutional implications of various topics in the news. The author, John Greabe, teaches constitutional law and related subject at the University of New Hampshire School of Law. He also serves on the board of trustees of the New Hampshire Institute for Civics Education.


School Segregation And History Revisited, Alfred Avins 2016 St. John's University School of Law

School Segregation And History Revisited, Alfred Avins

The Catholic Lawyer

No abstract provided.


Thompson V. Shapiro: Residence Requirements And The Right To Life, 2016 St. John's University School of Law

Thompson V. Shapiro: Residence Requirements And The Right To Life

The Catholic Lawyer

No abstract provided.


Selective Conscientious Objection, Gaillard T. Hunt 2016 St. John's University School of Law

Selective Conscientious Objection, Gaillard T. Hunt

The Catholic Lawyer

No abstract provided.


Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez 2016 The University of San Francisco

Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez

Master's Theses

According to US Customs and Border Protection, over 59 thousand unaccompanied minors from the Northern Triangle (Guatemala, Honduras and El Salvador) have been detained at the US border, of those 59 thousand, 17 thousand are from El Salvador. El Salvador is home to some of the most dangerous and ruthless gangs of the twenty-first century. Their ruthlessness comes from 1980s guerrilla warfare experience. In addition, El Salvador serves as a transshipment point for illicit substances from South America into Mexico. These dynamics fuel the homicide rate of the region as local gang members must protect their territory by any means ...


Trump's Supreme Court, Alan E. Garfield 2016 Widener Law

Trump's Supreme Court, Alan E. Garfield

Alan E Garfield

No abstract provided.


Habeas Corpus - An Erosion Of Law And Order?, 2016 St. John's University School of Law

Habeas Corpus - An Erosion Of Law And Order?

The Catholic Lawyer

No abstract provided.


Implications Of The Allen Textbook Decision, Robert F. Drinan, S.J. 2016 St. John's University School of Law

Implications Of The Allen Textbook Decision, Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.


An Unhurried Look At Obscenity, John M. Regan, C.M. 2016 St. John's University School of Law

An Unhurried Look At Obscenity, John M. Regan, C.M.

The Catholic Lawyer

No abstract provided.


Obscenity - A Re-Evaluation, 2016 St. John's University School of Law

Obscenity - A Re-Evaluation

The Catholic Lawyer

No abstract provided.


Friends With Benefits: Redefining Personal Gain In Insider Trading Under Salman V. United States, Wendy R. Becker 2016 Duke Law

Friends With Benefits: Redefining Personal Gain In Insider Trading Under Salman V. United States, Wendy R. Becker

Duke Journal of Constitutional Law & Public Policy Sidebar

Since Congress has not enacted a statute outlawing insider trading, or the trading of securities based on non-public information, outright, courts have struggled to define what constitutes insider trading. The Supreme Court held that a fiduciary duty was breached when the insider privy to the information receives a “personal benefit.” This Commentary analyzes a pending Supreme Court case, Salman v. United States, which addresses whether pecuniary gain is needed to constitute the personal benefit necessary for insider trading, or if certain relationships are enough for the tip to inherently create a personal benefit for the insider. The author argues that ...


Understanding Wellness International Network; Ltd. V. Sharif: The Problems With Allowing Parties To Impliedly Consent To Bankruptcy Court Adjudication Of Stern Claims, Elizabeth Jackson 2016 Brooklyn Law School

Understanding Wellness International Network; Ltd. V. Sharif: The Problems With Allowing Parties To Impliedly Consent To Bankruptcy Court Adjudication Of Stern Claims, Elizabeth Jackson

Brooklyn Journal of Corporate, Financial & Commercial Law

The 2011 Supreme Court case Stern v. Marshall defined which claims bankruptcy courts had the authority to adjudicate; but it’s complicated holding left lower courts perplexed. Specifically; the Stern decision created “Stern claims”—claims that bankruptcy courts have the statutory; but not the constitutional; authority to adjudicate. Subsequent cases; such as Executive Benefits Insurance Agency v. Arkison and Wellness International Network; Ltd. v. Sharif; have grappled with whether Stern claims should be treated as “core” claims; which bankruptcy courts can enter final judgments on; or “non-core” claims; which bankruptcy courts can only enter final judgments on if the litigating ...


Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber 2016 Brooklyn Law School

Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber

Brooklyn Journal of Corporate, Financial & Commercial Law

Historically; bankruptcy attorneys received the short end of the stick and were paid less for their services than attorneys in other fields of law. With the Bankruptcy Reform Act of 1978; Congress attempted to reduce the discrepancy in compensation. However; after the Supreme Court’s decision in Baker Botts v. ASARCO; L.L.C.; the playing field remains unequal for bankruptcy attorneys. Following this decision; if a debtor disputes their attorney’s fee application; attorneys are at a disadvantage and cannot recover fees for defending their fee application. As a result; bankruptcy attorneys take an effective pay cut if they ...


The Choice Between Right And Easy: Pena-Rodriguez V. Colorado And The Necessity Of A Racial Bias Exception To Rule 606(B), Kevin Zhao 2016 Duke Law

The Choice Between Right And Easy: Pena-Rodriguez V. Colorado And The Necessity Of A Racial Bias Exception To Rule 606(B), Kevin Zhao

Duke Journal of Constitutional Law & Public Policy Sidebar

Traditionally, under Rule 606(b) of the Federal Rules of Evidence, jurors are barred from testifying towards matters within juror deliberations. However, many jurisdictions in the United States have adopted an exception to this rule for racial prejudice. That is, if a juror comes forward post-verdict to testify that another juror made racially charged comments within the jury room, then the verdict may be overturned. The Supreme Court will address this issue in its upcoming decision in Pena-Rodriguez v. Colorado. This commentary will argue that a racial bias exception is necessary to protect defendants' rights to a fair trial and ...


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