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Full-Text Articles in Law

2001 Supreme Court Redux, Mary Stevens Mar 2020

2001 Supreme Court Redux, Mary Stevens

Sustainable Development Law & Policy

No abstract provided.


James Madison, Citizens United, And The Constitutional Problem Of Corruption, Anthony J. Gaughan Jan 2020

James Madison, Citizens United, And The Constitutional Problem Of Corruption, Anthony J. Gaughan

American University Law Review

No abstract provided.


The Decade Of Democracy's Demise, James Sample Jan 2020

The Decade Of Democracy's Demise, James Sample

American University Law Review

No abstract provided.


Elegy For Anti-Corruption Law: How The Bridgegate Case Could Crush Corruption Prosecutions And Boost Liars, Ciara Torres-Spelliscy Jan 2020

Elegy For Anti-Corruption Law: How The Bridgegate Case Could Crush Corruption Prosecutions And Boost Liars, Ciara Torres-Spelliscy

American University Law Review

No abstract provided.


Equality Is A Brokered Idea, Robert Tsai Jan 2020

Equality Is A Brokered Idea, Robert Tsai

Articles in Law Reviews & Other Academic Journals

This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie ...


Revisiting Cook V. Food And Drug Administration: A Lens For Analyzing The Current State Of Fda Enforcement And Assurance Of Product Quality – Increased Oversight Or Not Enough?, Catherine Gould Jan 2020

Revisiting Cook V. Food And Drug Administration: A Lens For Analyzing The Current State Of Fda Enforcement And Assurance Of Product Quality – Increased Oversight Or Not Enough?, Catherine Gould

Upper Level Writing Requirement Research Papers

No abstract provided.


Tweeting With A Purpose: Interpreting "Corrupt Persuasion" In 18 U.S.C. § 1512(B), Jessica Ochoa Jan 2019

Tweeting With A Purpose: Interpreting "Corrupt Persuasion" In 18 U.S.C. § 1512(B), Jessica Ochoa

American University Journal of Gender, Social Policy & the Law

No abstract provided.


President Trump's Crusade Against The Transgender Community, Brendan Williams Jan 2019

President Trump's Crusade Against The Transgender Community, Brendan Williams

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Federal Death Penalty Scheme Is Not A Model For State Reform Of Capital Punishment Laws, Mark J. Macdougall, Karen D. Williams Jan 2018

The Federal Death Penalty Scheme Is Not A Model For State Reform Of Capital Punishment Laws, Mark J. Macdougall, Karen D. Williams

American University Law Review

No abstract provided.


A Linguistic Critique Of Tag Jurisdiction: Justice Scalia And The Zombie Metonymy, Andrea D. Coles-Bjerre Jan 2018

A Linguistic Critique Of Tag Jurisdiction: Justice Scalia And The Zombie Metonymy, Andrea D. Coles-Bjerre

American University Law Review

No abstract provided.


Playing Outside The Joints: Where The Religious Freedom Restoration Act Meets Title Vii, Amanda Brennan Jan 2018

Playing Outside The Joints: Where The Religious Freedom Restoration Act Meets Title Vii, Amanda Brennan

American University Law Review

No abstract provided.


Using The Supreme Court's Enigmatic Commerce Clause Holding In Sebelius To Challenge Congress's Broken Renewable Fuel Standard, Corey J. Walker Jan 2018

Using The Supreme Court's Enigmatic Commerce Clause Holding In Sebelius To Challenge Congress's Broken Renewable Fuel Standard, Corey J. Walker

American University Law Review

No abstract provided.


Why The Categorical Approach Should Not Be Used When Determining Whether An Offense Is A Crime Of Violence Under The Residual Clause Of 18 U.S.C. § 924 (C), Mary Frances Richardson Jan 2018

Why The Categorical Approach Should Not Be Used When Determining Whether An Offense Is A Crime Of Violence Under The Residual Clause Of 18 U.S.C. § 924 (C), Mary Frances Richardson

American University Law Review

No abstract provided.


Reining In A 'Renegade' Court: Tc Heartland And The Eastern District Of Texas, Jonas Anderson Jan 2018

Reining In A 'Renegade' Court: Tc Heartland And The Eastern District Of Texas, Jonas Anderson

Articles in Law Reviews & Other Academic Journals

In TC Heartland v. Kraft Foods Group Brands, the Supreme Court tightened the venue requirement for patent cases, making it more difficult for a plaintiff to demonstrate that a district court has venue over a defendant. Many commentators, however, view TC Heartland as merely a “reshuffling” of the district courts that receive patent cases. Whereas before the case, a large percentage of patent cases were filed in the Eastern District of Texas, now, after TC Heartland, various other U.S. district courts (principally, the District of Delaware) have experienced an increase in patent infringement filings. Some commentators are unconvinced that ...


Jesner V. Arab Bank, Rebecca Hamilton Jan 2018

Jesner V. Arab Bank, Rebecca Hamilton

Articles in Law Reviews & Other Academic Journals

The exclusion of transnational human rights litigation from U.S. federal courts is, for most practical purposes, now complete. On April 24, 2018, the U.S. Supreme Court delivered a 5–4 ruling in Jesner v. Arab Bank, deciding that foreign corporations cannot be sued under the Alien Tort Statute (ATS).


Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda Jan 2018

Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Perils And Possibilities Of Refugee Federalism, Burch Elias Jan 2017

The Perils And Possibilities Of Refugee Federalism, Burch Elias

American University Law Review

No abstract provided.


The Noteworthy Absence Of Women Advocates At The United States Supreme Court, Jennifer Crystal Mika Jan 2017

The Noteworthy Absence Of Women Advocates At The United States Supreme Court, Jennifer Crystal Mika

American University Journal of Gender, Social Policy & the Law

No abstract provided.


"[R]Elegated Through No Fault Of Their Own To A More Difficult" System: Applying The Obergefell Opinion To Custody Principles, Melanie Kalmanson Jan 2017

"[R]Elegated Through No Fault Of Their Own To A More Difficult" System: Applying The Obergefell Opinion To Custody Principles, Melanie Kalmanson

The Modern American

No abstract provided.


Fair For Whom? Why Debt-Collection Lawsuits In St. Louis Violate The Procedural Due Process Rights Of Low-Income Communities, Aimee Constantineau Jan 2017

Fair For Whom? Why Debt-Collection Lawsuits In St. Louis Violate The Procedural Due Process Rights Of Low-Income Communities, Aimee Constantineau

American University Law Review

No abstract provided.


We "Kent" Keep Transferring Kids Without A Hearing: Using Recent Supreme Court Jurisprudence To Revive Kent V. United States And End Mandatory Transfer For Juveniles, Summer Woods Jan 2017

We "Kent" Keep Transferring Kids Without A Hearing: Using Recent Supreme Court Jurisprudence To Revive Kent V. United States And End Mandatory Transfer For Juveniles, Summer Woods

Criminal Law Practitioner

No abstract provided.


Carpenter V. United States: Brief Of Scholars Of Criminal Procedure And Privacy As Amici Curiae In Support Of Petitioner, Andrew Ferguson Jan 2017

Carpenter V. United States: Brief Of Scholars Of Criminal Procedure And Privacy As Amici Curiae In Support Of Petitioner, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

Amici curiae are forty-two scholars engaged in significant research and/or teaching on criminal procedure and privacy law. This brief addresses issues that are within amici’s particular areas of scholarly expertise. They have a shared interest in clarifying the law of privacy in the digital era, and believe that a review of scholarly literature on the topic is helpful to answering the question in this case. This brief is co-authored by Harry Sandick, Kathrina Szymborski, & Jared Buszin of Patterson Belknap Webb & Tyler LLP.Carpenter v. United States presents an opportunity to reconsider the Fourth Amendment in the digital age ...


My Body Is My Temple: Utilizing The Concept Of Dignity In Supreme Court Jurisprudence To Fight Sex Reassignment Surgery Requirements For Recognition Of Legal Sex, Doran Shemin Jan 2016

My Body Is My Temple: Utilizing The Concept Of Dignity In Supreme Court Jurisprudence To Fight Sex Reassignment Surgery Requirements For Recognition Of Legal Sex, Doran Shemin

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Court And The Cannonball: An Inside Look, Lee Levine, Stephen Wermiel Jan 2016

The Court And The Cannonball: An Inside Look, Lee Levine, Stephen Wermiel

American University Law Review

No abstract provided.


The Olmstead Imperative: The Right To Live In The Community And Beyond, Robert Dinerstein Jan 2016

The Olmstead Imperative: The Right To Live In The Community And Beyond, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

Of the 20 Americans with Disabilities Act (ADA) cases that the United States Supreme Court has decided in the 25 years of the statute’s existence, Olmstead v. L.C. by Zimring is without doubt the most significant for people with intellectual and developmental disabilities. Olmstead is the only Supreme Court ADA case that specifically addresses the rights of people with intellectual and developmental disabilities, but its importance goes well beyond this specific fact. In this essay, I set out the holding of the Olmstead decision, its connection to, and extension of, prior case law, the extent of its subsequent ...


The Court And The Cannonball: An Inside Look, Stephen Wermiel, Lee Levine Jan 2016

The Court And The Cannonball: An Inside Look, Stephen Wermiel, Lee Levine

Articles in Law Reviews & Other Academic Journals

As lawsuits over the right of publicity proliferate among athletes and other celebrities, there is renewed interest, by litigants and judges alike, in the one decision by the U.S. Supreme Court that addresses a tort action arising from a "publicity" related claim, Zacchini v. Scripps-Howard Broadcasting Co. Although the 1977 ruling is often cited as holding that the right of publicity tort survives constitutional scrutiny under the First Amendment, an examination of the case and of the Supreme Court justices' available papers shows that the Court did not view the case as presenting the type of claim that has ...


'A Rose By Any Other Name Would Smell As Sweet': How Aggregate Sentencing Violates Miller V. Alabama, Elizabeth C. Kingston Jan 2015

'A Rose By Any Other Name Would Smell As Sweet': How Aggregate Sentencing Violates Miller V. Alabama, Elizabeth C. Kingston

Criminal Law Practitioner

No abstract provided.


Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent On The Meaning Of Federal Law?, Amanda Frost Jan 2015

Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent On The Meaning Of Federal Law?, Amanda Frost

Articles in Law Reviews & Other Academic Journals

The conventional wisdom is that state courts need not follow lower federal court precedent when interpreting federal law. Upon closer inspection, however, the question of how state courts should treat lower federal court precedent is not so clear. Although most state courts now take the conventional approach, a few contend that they are obligated to follow the lower federal courts, and two federal courts of appeals have declared that their decisions are binding on state courts. The Constitution’s text and structure send mixed messages about the relationship between state and lower federal courts, and the Supreme Court has never ...


Citizens Derided: Corporate Politics In The Roberts Court, Jamin B. Raskin Jan 2014

Citizens Derided: Corporate Politics In The Roberts Court, Jamin B. Raskin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


A Proposed Framework For Answering For The Lafler Question, Jamie Pamela Rasmussen Jan 2013

A Proposed Framework For Answering For The Lafler Question, Jamie Pamela Rasmussen

Criminal Law Practitioner

No abstract provided.