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Articles 1 - 30 of 390
Full-Text Articles in Law
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Articles
No abstract provided.
The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski
The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski
Touro Law Review
No abstract provided.
Commentary: Justice Who Follows Scalia's Path Would Hurt The Working Class, Bruce A. Larson
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
Difficult Questions For The Senate Minority, John M. Greabe
Law Faculty 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
School Segregation And History Revisited, Alfred Avins
The Catholic Lawyer
No abstract provided.
Thompson V. Shapiro: Residence Requirements And The Right To Life
Thompson V. Shapiro: Residence Requirements And The Right To Life
The Catholic Lawyer
No abstract provided.
Selective Conscientious Objection, Gaillard T. Hunt
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
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 …
Knowledge And Fourth Amendment Privacy, Matthew Tokson
Knowledge And Fourth Amendment Privacy, Matthew Tokson
Northwestern University Law Review
This Article examines the central role that knowledge plays in determining the Fourth Amendment’s scope. What people know about surveillance practices or new technologies often shapes the “reasonable expectations of privacy” that define the Fourth Amendment’s boundaries. From early decisions dealing with automobile searches to recent cases involving advanced information technologies, courts have relied on assessments of knowledge in a wide variety of Fourth Amendment contexts. Yet the analysis of knowledge in Fourth Amendment law is rarely if ever studied on its own.
This Article fills that gap. It starts by identifying the characteristics of Fourth Amendment knowledge. It finds, …
The Death Penalty And The Fifth Amendment, Joseph Blocher
The Death Penalty And The Fifth Amendment, Joseph Blocher
Northwestern University Law Review
Can the Supreme Court find unconstitutional something that the text of the Constitution “contemplates”? If the Bill of Rights mentions a punishment, does that make it a “permissible legislative choice” immune to independent constitutional challenges?
Recent developments have given new hope to those seeking constitutional abolition of the death penalty. But some supporters of the death penalty continue to argue, as they have since Furman v. Georgia, that the death penalty must be constitutional because the Fifth Amendment explicitly contemplates it. The appeal of this argument is obvious, but its strength is largely superficial, and is also mostly irrelevant to …
Trump's Supreme Court, Alan E. Garfield
Habeas Corpus - An Erosion Of Law And Order?
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.
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.
An Unhurried Look At Obscenity, John M. Regan, C.M.
The Catholic Lawyer
No abstract provided.
Friends With Benefits: Redefining Personal Gain In Insider Trading Under Salman V. United States, Wendy R. Becker
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 …
Introduction; The Past, Present And Future Of Free Speech, Joel M. Gora
Introduction; The Past, Present And Future Of Free Speech, Joel M. Gora
Journal of Law and Policy
This short paper introduces the papers and commentary produced at two significant First Amendment occasions. First was a 40th anniversary celebration of the Supreme Court’s landmark 1976 decision in Buckley v. Valeo, the fountainhead ruling on the intersection between campaign finance restrictions and First Amendment rights. The questions were discussed provocatively by two of the leading players in that decision, James Buckley himself, now a retired United States Circuit Judge, and Ira Glasser, former head of the ACLU who helped organize a strange bedfellows, left-right coalition to challenge the new federal election campaign laws on First Amendment grounds. …
The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith
The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith
Journal of Law and Policy
This article discusses the issue of campaign finance and the impact money has on the political process in the country. The author suggests campaign finance regulations that curb the current threat it poses to the system, as well as the First Amendment itself. Lastly, the author discusses the impact academics have had on the debate and this decline in support of free speech that has resulted from the debate.
Free Speech Matters: The Roberts Court And The First Amendment, Joel M. Gora
Free Speech Matters: The Roberts Court And The First Amendment, Joel M. Gora
Journal of Law and Policy
This article contends that the Roberts Court, in the period from 2006 to 2016, arguably became the most speech-protective Supreme Court in memory. In a series of wide-ranging First Amendment decisions, the Court sounded and strengthened classic free speech themes and principles. Taken together, the Roberts Court’s decisions have left free speech rights much stronger than they were found.
Those themes and principles include a strong libertarian distrust of government regulation of speech and presumption in favor of letting people control speech, a consistent refusal to fashion new “non-speech” categories, a reluctance to “balance” free speech away against governmental interests, …
Understanding Wellness International Network, Ltd. V. Sharif: The Problems With Allowing Parties To Impliedly Consent To Bankruptcy Court Adjudication Of Stern Claims, Elizabeth Jackson
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 parties consent. …
Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber
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 are faced with a …
Update On School Searches, Charles J. Russo
Update On School Searches, Charles J. Russo
Educational Leadership Faculty Publications
School safety continues to present significant challenges for education leaders. Yet as educators work to maintain school safety, boards face a steady stream of litigation because officials have searched students suspected of putting themselves or others in danger. For example, students have been searched because they were suspected of bringing into schools such prohibited items as alcohol, weapons, and drugs.
Education leaders must develop up-to-date policies that ensure safety but that also comply with the Fourth Amendment’s prohibition of unreasonable searches and seizures.
The Amicus Machine, Allison Orr Larsen, Neal Devins
The Amicus Machine, Allison Orr Larsen, Neal Devins
Faculty Publications
The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message. …
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 …
The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow
The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow
Georgia Journal of International & Comparative Law
Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be …
Further Punishing The Wrongfully Accused: Manuel V. City Of Joliet, The Fourth Amendment, And Malicious Prosecution, James R. Holley
Further Punishing The Wrongfully Accused: Manuel V. City Of Joliet, The Fourth Amendment, And Malicious Prosecution, James R. Holley
Duke Journal of Constitutional Law & Public Policy Sidebar
Manuel v. City of Joliet is before the Supreme Court to determine whether detention before trial without probable cause is a violation of the Fourth Amendment, or whether it is merely a violation of the Due Process Clause. Every circuit except the Seventh Circuit treats this type of detention as being a violation of the Fourth Amendment; only the Seventh Circuit considers this question under the Due Process Clause. This commentary argues that the Supreme Court should look to its precedent, which clearly treats pretrial detention without probable cause as being a Fourth Amendment issue, and reverse the Seventh Circuit. …
Legal Scholarship Highlight: The Amicus Machine, Allison Orr Larsen, Neal Devins
Legal Scholarship Highlight: The Amicus Machine, Allison Orr Larsen, Neal Devins
Popular Media
No abstract provided.
Examining The Civil-Military Divide Through New (Institutional) Lenses: The Influence Of The Supreme Court, Allen Linken
Examining The Civil-Military Divide Through New (Institutional) Lenses: The Influence Of The Supreme Court, Allen Linken
Doctoral Dissertations
Civil-military relations have existed for as long as there has been a military, but only in the last sixty years has research in the field began to examine the relationships between civilian elites and the military. Who controls the military? What level of influence by the military is acceptable in a liberal society, such as the United States? What is the appropriate role of the military? Who serves in the military? What pattern of civil-military relations best ensures the effectiveness of the military instrument? The study of these questions began with examining relationships between the military and the President, and …
Brief Of The National Association For Public Defense As Amici Curiae Supporting Petitioner, Christensen V. United States Of America (U.S. November 7, 2016) (No. 16-461)., Janet Moore
Faculty Articles and Other Publications
The jury is essential to our structure of government, available to criminal defendants as the final arbiter of guilt. As this Court has recognized time and again, the jury serves an important role both structurally within the balance of powers and as a check on governmental power, adding a layer of protection for individual defendants.
The rule applied by the Ninth Circuit and some other courts, allowing dismissal of a holdout juror if a judge sees no reasonable possibility that his view is connected to the merits of the case, threatens the fundamental role of the jury. In contrast to …
What Lurks Below Beckles, Leah Litman, Shakeer Rahman
What Lurks Below Beckles, Leah Litman, Shakeer Rahman
Articles
This Essay argues that if the Supreme Court grants habeas relief in Beckles v. United States, then it should spell out certain details about where a Beckles claim comes from and who such a claim benefits. Those details are not essential to the main question raised in the case, but the federal habeas statute takes away the Supreme Court’s jurisdiction to hear just about any case that would raise those questions. For that reason, this Essay concludes that failing to address those questions now could arbitrarily condemn hundreds of prisoners to illegal sentences and lead to a situation where the …