Law Commons^™

Statutory Constraints And Constitutional Decisionmaking, Anthony O'Rourke

Anthony O'Rourke

Although constitutional scholars frequently analyze the relationships between courts and legislatures, they rarely examine the relationship between courts and statutes. This Article is the first to systematically examine how the presence or absence of a statute can influence constitutional doctrine. It analyzes pairs of cases that raise similar constitutional questions, but differ with respect to whether the court is reviewing the constitutionality of legislation. These case pairs suggest that statutes place significant constraints on constitutional decisionmaking. Specifically, in cases that involve a challenge to a statute, courts are less inclined to use doctrine to regulate the behavior of nonjudicial officials. …

The Good Samaritan And Admiralty: A Parable Of A Statute Lost At Sea, Patrick J. Long

Patrick J. Long

No abstract provided.

States Weigh Disclosure Of Liability Insurance Status To Clients, Lisa Radtke Bliss

Lisa Radtke Bliss

No abstract provided.

Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

Muna B Ndulo

No abstract provided.

Environmental Law Outside The Canon, Todd S. Aagaard

Todd S Aagaard

It is time to rethink the domination of environmental law by a canon of major federal statutes enacted in the 1970s. Environmental law is in a malaise. Despite widespread agreement that existing laws are inadequate to address current environmental problems, Congress has not passed a major environmental statute in more than twenty years. If it is to succeed, the environmental law of this new century may need to evolve into something that looks quite different than the extant environmental law canon. The next generation of environmental laws must be viable for creation and implementation even in an antagonistic political climate; …

Is The Constitution Special?, Nelson Tebbe, Christopher Serkin

Nelson Tebbe

No abstract provided.

Constitutionalising The Senate: A Modest Democratic Proposal, Allan C. Hutchinson, Joel I. Colón-Ríos

Allan C. Hutchinson

The Senate Reference did not provide an ideal situation for clarifying the nature and limits of the power of constitutional reform in Canada. The facts gave the Court no choice but to recognize the fundamental role that the Senate plays in the Canadian constitutional order, and therefore to place some of its main features outside the scope of section 44 of the Constitution Act, 1982, even if they ran contrary to basic democratic values. For example, in order to explain that the implementation of consultative elections would alter the constitution’s basic structure, the Court was forced to construe in a …

Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.

The Roberts Court And Freedom Of Speech, Erwin Chemerinsky

Erwin Chemerinsky

This is an edited version of a speech delivered on December 16, 2010 in Washington, D.C., as part of the Federal Communications Bar Association's Distinguished Speaker Series. This speech was given by Dean Erwin Chemerinsky in December 2010 as part of the FCBA's Distinguished Speaker Series. In the speech, Dean Chemerinsky offers his perspectives on and analysis of the Supreme Court's position on freedom of speech in recent years. He highlights important recent freedom of speech decisions made by the Roberts Court, and gives some projections as to where the court is heading in the years to come, given its …

Procedural Due Process Claims, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

Challenging Direct Democracy, Erwin Chemerinsky

Erwin Chemerinsky

I want to argue today that direct democracy is undesirable and unconstitutional. I want to argue to you that the Supreme Court should find that the Michigan Civil Rights Initiative is unconstitutional, and strike it down. So I want to make two points. First, I am going to argue that direct democracy is undesirable. This is a normative argument; it’s not an argument about constitutional doctrine. Second, I want to argue that direct democracy is unconstitutional, and make a series of different arguments as to why.

The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman

John C. Eastman

Restoring Equity In Right-To-Work Law, Catherine L. Fisk, Benjamin I. Sachs

Catherine Fisk

No abstract provided.

The Prosecution's Duty Of Disclosure In Singapore: Muhammad Bin Kadar V Public Prosecutor [2011] 3 Slr 1205, Siyuan Chen

Siyuan CHEN

The Court of Appeal (CA) judgment in Muhammad bin Kadar v Public Prosecutor created quite a stir in Singapore. The case pertained to a murder involving two suspects, and its resolution took almost six years, with many twists and turns as to the actual facts. The CA attributed the confusion in part to questionable practices adopted by the police and the prosecution at various points in the proceedings, and reserved strong words for them in its judgment. It also established new requirements for the prosecution regarding its duty to the court to disclose relevant material not favourable to the case …

Codification, Macaulay And The Indian Penal Code [Book Review], Siyuan Chen

Siyuan CHEN

As noted (at vii) by the contributors to this book, the Indian Penal Code 1860 (Central Act 45 of 1860) (“IPC”), largely the work of Thomas Macaulay, “was the first codification of criminal law in the British Empire and is the longest serving code in the common law world.” Upon its enactment, the influential IPC was adopted in various British colonies, such as Singapore. The continuing use of legislation of such pedigree, however, brings about several problems. Any legislative inertia to update the statute from time to time will put the judiciary in a dilemma, whenever the latter is asked …

New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.

Donna M. Hughes

Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.

Donna M. Hughes

Is The Constitution Special?, Nelson Tebbe, Christopher Serkin

Christopher Serkin

No abstract provided.

La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn

Jason Kilborn

This Article on the French law continues a study of European consumer debt-relief systems, which the author began previously in an article on the German system. With rapid legal and practical developments in consumer debt-relief law, Europe provides an excellent comparative legal laboratory for observing the potential benefits and pitfalls of consumer bankruptcy reforms. In particular, French and German experiences with long-term payment plans shed useful light on the great debate raging in the United States over similar plans.

Health And Safety Overregulation, Michael Lewyn

Michael E Lewyn

The Lives And Times Of Temporary Legislation And Sunset Clauses, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

Executive Action And Nonaction, Tom Campbell

Tom Campbell

Understanding Insurance Policies As Noncontracts: An Alternative Approach To Drafting And Construing These Unique Financial Instruments, Christopher French

Christopher C. French