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Articles 181 - 193 of 193
Full-Text Articles in Law
Twitter And The #So-Calledjudge, Elizabeth G. Thornburg
Twitter And The #So-Calledjudge, Elizabeth G. Thornburg
SMU Law Review
Two-hundred-eighty characters may be insufficient to deliver a treatise on the judiciary, but it is more than enough to deliver criticism of the third branch of government. Today, these tweeted critiques sometimes come not from the general public but from the President himself. Attacks such as these come at a challenging time for court systems. We live in a highly politicized, polarized society. This polarization is reflected in attitudes toward the courts, particularly the federal courts. Unfortunately, public doubts about the court system come at a time when public understanding of the structure of government, and especially the court system, …
The First Amendment Case Against Partisan Gerrymandering, Emmet J. Bondurant Ii, Ben W. Thorpe
The First Amendment Case Against Partisan Gerrymandering, Emmet J. Bondurant Ii, Ben W. Thorpe
Georgia Law Review
The Supreme Court recognizes that "[p]artisan
gerrymanders... [are incompatible] with democratic
principles."I This makes good sense. The fundamental
objective of redistrictingis to "establish 'fairand effective
representation for all citizens. '2 And partisan
gerrymandering-whichthe Supreme Court defines as
"drawing... district lines to subordinate adherents of
one political party and entrench a rival party in
power'--runs counter to that fundamental objective.
Nonetheless, the Supreme Court has yet to invalidate
a redistricting plan solely as an unconstitutional
partisan gerrymander. This Symposium issue of the
Georgia Law Review, however, comes at a crucial
moment in the Court's treatment of that question. A case
now …
The History Of Redistricting In Georgia, Charles S. Bullock Iii
The History Of Redistricting In Georgia, Charles S. Bullock Iii
Georgia Law Review
In his memoirs, Chief Justice Earl Warren singled out
the redistrictingcases as the most significant decisions of
his tenure on the Court., A review of the changes
redistricting introduced in Georgia supports Warren's
assessment. Not only have the obligations to equalize
populations across districts and to do so in a racially fair
manner transformed the makeup of the state's collegial
bodies, Georgia has provided the setting for multiple cases
that have defined the requirements to be met when
designing districts.
Other than the very first adjustments that occurred in
the 1960s, changes in Georgia plans had to secure
approval from …
Constitutional Preservation And The Judicial Review Of Partisan Gerrymanders, Edward B. Foley
Constitutional Preservation And The Judicial Review Of Partisan Gerrymanders, Edward B. Foley
Georgia Law Review
This Essay makes three contributions to the debate
over whether the Constitution contains a judicially
enforceable constrain on gerrymanders. First,it directly
tackles the Chief Justice'sfear of thejudiciaryappearing
partisan,observing that the same fear would exist if the
Constitution explicitly banned gerrymanders and
explaining why an implicit ban should be no less
judicially enforceable than an explicit ban under
Marbury v. Madison. Second, invoking the idea of
"institutional forbearance" in the important new book
How Democracies Die, the Essay shows how the
Elections Clause can be construed to protect
congressional districting from abuses of legislative
discretion committed by state legislatures. Together,
these …
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
St. Mary's Law Journal
Abstract forthcoming
Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon
Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon
St. Mary's Law Journal
Abstract forthcoming
Richard Posner: A Class Of One, Robert C. Farrell
Richard Posner: A Class Of One, Robert C. Farrell
SMU Law Review
Judge Richard Posner, best known for his contributions to the field of law and economics, has also made an outsized contribution to another area of the law—the equal protection class-of-one claim. By some combination of happenstance and design, Posner was able to shape the class-of-one doctrine even where his views were inconsistent with Supreme Court precedent. The Supreme Court’s initial exposition of the doctrine had identified an equal protection violation when there was intentionally different treatment of similarly situated persons without a rational basis for the difference in treatment. Posner insisted that this language included within it a requirement that …
The Language Of Neutrality In Supreme Court Confirmation Hearings, Carolyn Shapiro
The Language Of Neutrality In Supreme Court Confirmation Hearings, Carolyn Shapiro
Dickinson Law Review (2017-Present)
At Justice Neil Gorsuch’s confirmation hearing, then-Judge Gorsuch repeatedly insisted that judging involves no more than examining the legal materials—like statutes and precedents— and applying them to the facts of the case. There is, he emphasized, no room for a Justice’s “personal views,” and he refused even to state his agreement (or disagreement) with such iconic cases as Loving v. Virginia and Griswold v. Connecticut. Instead, then Judge Gorsuch reiterated only that they were precedents of the Court and thus entitled to respect. Frustrating as his answers may have been to some senators, however, they differed from answers given …
Foreword: Criminal Procedure In Winter, Daniel Epps
Foreword: Criminal Procedure In Winter, Daniel Epps
Loyola of Los Angeles Law Review
No abstract provided.
Bank Of America V. City Of Miami: Standing And Causation Under The Fair Housing Act, Alan M. White
Bank Of America V. City Of Miami: Standing And Causation Under The Fair Housing Act, Alan M. White
Loyola of Los Angeles Law Review
No abstract provided.
Decriminalization Of Prostitution: The Soros Effect, Jody Raphael
Decriminalization Of Prostitution: The Soros Effect, Jody Raphael
Dignity: A Journal of Analysis of Exploitation and Violence
This article explores the activities of George Soros and his charitable organization, Open Society Foundations (OSF), in advocating for the full decriminalization of the sex trade industry. Research finds that OSF spends only a small amount of money on grass roots “sex worker” groups around the world advocating for full decriminalization, but the foundation awards larger amounts of funds to large human rights groups whose reports and policies have a wider reach. OSF’s rationale for full decriminalization fails to consider violence and coercion in the sex trade industry, misreads research, and does not include research from venues where full decriminalization …
Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews
Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose
Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.