Digital Commons Network^™

Impeachment Can Be Based On Non-Criminal Misconduct: Corpus-Linguistic And Historical Evidence, Clark D. Cunningham, Ute Römer-Barron

Kentucky Law Journal

No abstract provided.

Party Over Country: The Inability For Congress To Check The Executive, Jordin A. Dickerson

Kentucky Law Journal

No abstract provided.

Federal Prosecution In The Shadows Of Constitutional Immunity, J. Richard Broughton

Kentucky Law Journal

No abstract provided.

Freedom Of Expression And The Right To Protection Against Defamation: Cf. Handling Of The Libel Of The Criminal Law And The Libel Of The Civil Law, Masumi Shizawa

Japanese Society and Culture

This study reviews natures of the Constitution, Civil Code, and Criminal Code of Japan in terms of the right to protection against defamation, and explores the foundations thereof. The point of it is to clarify the nature of the right to protection against defamation as indicated in the Constitution. 　The right to protection against defamation, along with the right to privacy, has long been recognized as a personal right. While the right to privacy relates to the private domain, the right to protection against defamation relates to one’s social reputation. The Constitution of Japan does not clearly stipulate the right …

Social Security And The International Covenant On Human Rights: A Case Seeking The Dismissal Of Public Assistance Application Denial, Hiroshi Saito

Japanese Society and Culture

Using the case of rejection of request for medical assistance made by an undocumented resident in Japan, I considered the applicability of the International Covenant on Human Rights to social security. The central issue here is whether the distinction between Japanese nationals and foreign nationals for reasons of national finances is reasonable and objective. In conclusion, determining reasonable and objective criteria requires a comprehensive approach that goes beyond legal interpretation. The process must consider broader factors, including Japan’s role in the international community and the global trend toward advancing human rights protections.

Bodies At Risk When Choice Is A Privilege: Women’S Reproductive Healthcare Accessibility And Health Outcomes Since The Dobbs (2022) Ruling, Dallas Bonnet

Undergraduate Theses

Existing literature has well-documented the disproportionate effects of abortion restrictions upon socioeconomically disadvantaged women and women of color. This thesis builds on that work by exploring the relationship between state-level abortion restrictions and women’s self-reported health, as well as state-level infant mortality rates and maternal mortality rates. This project breaks these relationships down into three separate studies: Study 1 investigates the effect that abortion restrictions have on women’s self perceptions of health. Study 2 assesses the impact of abortion restrictions on infant mortality rates. Study 3 inspects the impact of abortion restrictions on maternal mortality rates. The primary independent variable …

Welcome To The Trump Administration’S Board Of Immigration Appeals. The Immigrant Always Loses., Jason A. Cade

Scholarly Works

The first 100 opinions in Volume 29 of the Board of Immigration Appeals’ precedential decisions—issued at more than three times the historical pace—constitute a project. The Trump Administration has used the Attorney General’s self-referral power and a reconstituted, ideologically aligned Board to engineer a body of precedents that reliably produces one result: removal. This Essay organizes these decisions, cataloged in a full Appendix, into five main categories: (1) narrowing relief for noncitizens alleging persecution; (2) expanding mandatory detention while narrowing discretionary release; (3) maximizing the immigration consequences of criminal history and related grounds while foreclosing the relief mechanisms Congress created …

The Ministerial Exception And Defamation: Navigating Churches’ Autonomy And Their Communications, Zachary Runge

Pepperdine Law Review

In two recent cases, the Supreme Court has adopted what scholars and lower courts have called the “ministerial exception.” The Court only addressed the ministerial exception’s application to employment discrimination claims. But the Court did not foreclose the possibility of its application to other claims. This Comment argues that the ministerial exception applies to defamation claims arising out of a minister’s termination. After providing the background for the ministerial exception, this Comment explains the current state of the law. Then, this Comment argues that the ministerial exception, as a form of the church autonomy doctrine, applies to the defamation claims …

Ayahuasca And Religious Freedom, Andrew C. Michaels

Pepperdine Law Review

Ayahuasca is an ancient and powerful psychedelic brew that has been used for many centuries in the Amazon rainforest, and over past decades has been gaining popularity in western countries such as the United States. The ayahuasca brew contains dimethyltryptamine (DMT) and accordingly is banned by the Controlled Substances Act (CSA). But some groups working with ayahuasca have applied for exemptions under the Religious Freedom Restoration Act (RFRA), and so far, at least five such groups have received exemptions, either via court decision or via agreement with the Drug Enforcement Administration (DEA). However, the factors that courts and the DEA …

Regression Dressed As Reform: Bharatiya Nyaya Sanhita And The Shifting Contours Of Political Speech, Anushka Singh

National Law School of India Review

This paper examines the shifting contours of criminal law in relation to political speech, with a focus on Section 152 of the Bharatiya Nyaya Sanhita (BNS). It advances three arguments. First, the decolonising narrative behind deleting sedition glosses over substantive continuities between colonial and post-colonial periods, with Section 152 BNS refashioning the colonial-era bifurcation between ‘sedition’ and ‘sedition-like’ activity. The BNS provision represents a backslide in the way it converges the various legal and political connotations of sedition from colonial to contemporary times, creating a new criminal category constructed through popular political-extra-legal discourses. Second, Section 152 BNS borrows from the …

Does Textualism Constrain Supreme Court Justices?, James J. Brudney, Lawrence Baum

Northwestern University Law Review

A principal justification for textualism is the constraint hypothesis. Conservative Justices and leading textualist scholars contend that—in stark contrast to reliance on legislative history—focus on the ordinary meaning of enacted text leaves little room for the Justices to be policy-oriented or ideological in their interpretations. This Article represents the first systematic study probing the validity of the constraint hypothesis, one that employs both quantitative and qualitative analysis.

The Article examines the Justices’ reliance on interpretive resources in over 660 statutory decisions in the field of labor and employment, decided by the Burger Court, the Rehnquist Court, and the Roberts Court—during …

The Vanishing Enforcer: Consumer Protection In An Era Of Dual Retrenchment, Alisher Juzgenbayev

Northwestern University Law Review

Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent agency rulemaking in the White House, have significantly weakened administrative agencies. This administrative retrenchment is concerning as private enforcement of a number of consumer protection statutes has been simultaneously curtailed through the Supreme Court’s decisions in Spokeo, Inc. v. Robins and TransUnion LLC v. Ramirez, which dramatically narrowed plaintiffs’ standing. These decisions rely in part on a vision of strong executive authority, positing that broad private standing conflicts with an Article II framework where a politically accountable President faithfully implements laws …

Broadcasting Bigotry: A Proposal To Revive Group Defamation And Hold Modern Media Accountable For The Disparagement Of Asian Americans, Dominic Roschival

University of Cincinnati Law Review

No abstract provided.

To Vacate Or Not To Vacate: Partial Remedies And Mootness In Federal Habeas Of State Convictions, Jeffrey Greenbaum

University of Cincinnati Law Review

This Article addresses two related issues in the federal habeas of state convictions. First, it analyzes a circuit split that recently emerged over whether a state’s appeal would be moot after a federal district court grants habeas and a state vacates its own judgment. One view is that the state vacatur would render the appeal moot because the prisoner is no longer in custody. A second view is that the appeal would not necessarily be moot because a partial remedy could be available. Second, this Article identifies some courts conflating the language of a state’s vacatur in habeas and evaluates …

True Threats And Protected Speech In Counterman V. Colorado, David Crump

University of Cincinnati Law Review

No abstract provided.

Destabilization Or Clarification: The Potential Impact Of Chiles V. Salazar On Nifla And Other First Amendment Jurisprudence, Zhihan Xu

Duke Journal of Constitutional Law & Public Policy Sidebar

In 2019, the Colorado General Assembly passed the Minor Conversion Therapy Law (MCTL), a statute which prohibits mental health professionals from engaging in conversion therapy for minors. Three years later, Kaley Chiles, a licensed professional counselor and addiction counselor, filed a pre-enforcement challenge and sought a preliminary injunction, alleging that the MCTL improperly abridges her First Amendment right to free speech. Colorado challenged her claim, arguing that the MCTL merely regulates professional conduct and only incidentally (and permissibly) burdens speech. Chiles v. Salazar will decide whether the MCTL is a speech restriction or professional regulation, and, if it is a …

Reflections On Judging At The Intersection Of Constitutional Claims And Public Policy, Kimberly J. Mueller

Duke Journal of Constitutional Law & Public Policy Sidebar

Trial courts play an essential role in our judicial system. At the trial level, lived realities meet legal theories, and generalist judges must resolve constitutional disputes, develop the factual record, and administer justice. However, institutions, especially courts, face increasing pressure. This Keynote Address draws on cases over which I have presided to illustrate how careful process in trial courts helps maintain public trust in our institutions. These experiences reveal three lessons that trial courts teach us. First, the people bringing claims matter; they are real individuals seeking relief by telling authentic stories. Second, pleadings matter because they frame and shape …

Rethinking Ubuntu Philosophy In Nigeria's Environmental Law: A Pathway To Sustainable Plastic Pollution Regulation, Ndubuisi Augustine Nwafor

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Sea Changes In Sue-And-Settle Policy: The Tides Of Transparency And Expediency, Evan B. Fitzgerald

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Checkmate Or Stalemate: The Epa, California, And The Future Of Waivers Under The Clean Air Act, William B. Gale

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Aspek Hukum Dari Wewenang Dan Tanggung Jawab, Dedi Soemardi

Jurnal Hukum & Pembangunan

Abstract

Kekuasaan Kehakiman Yang Merdeka : Suatu Upaya Dalam Melaksanakan Uud 1945 Secara Murni Dan Konsekuen, Budiman B. Sagala, S.H.

Jurnal Hukum & Pembangunan

Abstract

Perlindungan Terhadap Merk Luar Negeri, Prof. Dr. Mr. Sudargo Gautama

Jurnal Hukum & Pembangunan

Abstract

Bagaimana Membangun Dan Membina Hukum Nasional, Prof. Padmo Wahyono, S.H.

Jurnal Hukum & Pembangunan

Abstract

Vonis Interlokutor : Suatu Perbandingan Antara Hukum Acara Perdata Indonesia Dengan Hukum Acara Perdata Belanda, H. Sofyan Mukhtar, S.H.

Jurnal Hukum & Pembangunan

Abstract

Act Of State Doctrine Dan Teori Imunitas Dalam Hubungannya Dengan Hukum Perdata Internasional, Syahmin A.K.

Jurnal Hukum & Pembangunan

Abstract

Doktrin Imunitas Dalam Pelaksanaan Putusan Mahkamah Arbitrasi Icsid Di Indonesia, Budi Lazarusli, S.H.

Jurnal Hukum & Pembangunan

Abstract

Dwi Abad Konstitusi Amerika Serikat, Prof. Dr. Ismail Suny, S.H. M.Cl.

Jurnal Hukum & Pembangunan

Abstract

Perkosaan Ditinjau Dari Pandangan Hakim, Bismar Siregar, S.H.

Jurnal Hukum & Pembangunan

Abstract

Tradisi Hukum Cina : Negara Dan Masyarakat, Erman Radjagukguk, S.H., Ll.M.

Jurnal Hukum & Pembangunan

Abstract