Law Commons^™

U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White

San Diego International Law Journal

Focusing on defensive asylum applications, this Comment examines whether certain provisions of REAL ID violate due process and international obligations to asylum seekers. Part I situates REAL ID within the historical context of nearly a decade of restrictive U.S. immigration law and over two decades of Executive Orders aimed at deterring a mass exodus of asylum seekers from reaching U.S. shores. Part II provides an overview of the U.S. asylum system and argues that the system produces inconsistent and sometimes arbitrary results, indicating that segments of the system do not satisfy international obligations. Part III outlines three provisions of REAL …

The Glucksberg Renaissance: Substantive Due Process Since Lawrence V. Texas, Brian Hawkins

Michigan Law Review

On their faces, Washington v. Glucksberg and Lawrence v. Texas seem to have little in common. In Glucksberg, the Supreme Court upheld a law prohibiting assisted suicide and rejected a claim that the Constitution protects a "right to die"; in Lawrence, the Court struck down a law prohibiting homosexual sodomy and embraced a claim that the Constitution protects homosexual persons' choices to engage in intimate relationships. Thus, in both subject matter and result, Lawrence and Glucksberg appear far apart. The Lawrence Court, however, faced a peculiar challenge in reaching its decision, and its response to that challenge brings …

Burkean Minimalism, Cass R. Sunstein

Michigan Law Review

Burkean minimalism has long played an important role in constitutional law. Like other judicial minimalists, Burkeans believe in rulings that are at once narrow and theoretically unambitious; what Burkeans add is an insistence on respect for traditional practices and an intense distrust of those who would renovate social practices by reference to moral or political reasoning of their own. An understanding of the uses and limits of Burkean minimalism helps to illuminate a number of current debates, including those involving substantive due process, the Establishment Clause, and the power of the president to protect national security. Burkean minimalists oppose, and …

Military Commissions: Constitutional, Jurisdictional, And Due Process Requirements, Jordan J. Paust

International Law Studies

No abstract provided.

The Outer Limits Of Gang Injunctions, Scott E. Atkinson

Vanderbilt Law Review

Almost a decade ago, the California Supreme Court endorsed the use of public nuisance injunctions as a means to control street gangs. Public nuisance injunctions against gangs ("gang injunctions"), which result from civil suits filed by district or city attorneys, prohibit the nuisance conduct within a prescribed geographical area, focusing on the "turf' claimed by the gang. In People ex rel. Gallo v. Acuna, the California Supreme Court upheld an injunction against thirty-eight named members of a San Jose gang in a four square block area where none of the gang members lived. The court described the neighborhood as "an …

We Can Do Better: Anti-Homeless Ordinances As Violations Of State Substantive Due Process Law, Andrew J. Liese

Vanderbilt Law Review

In September of 2004, a group of local business owners and professionals in Nashville, Tennessee, together with the Nashville Downtown Partnership, a local downtown improvement organization, submitted a plan to the Metro Council that proposed making it illegal to panhandle in the busiest areas of the city. Advocates of the proposed legislation argued that panhandlers "harass tourists and customers and make the city less appealing." Opponents viewed the proposal as nothing more than an attempt to force the homeless out of the city. The Nashville plan is patterned after the measures that several major American cities-including Philadelphia, Denver, and Seattle-have …

Stretching The Fourteenth Amendment And Substantive Due Process: Another Close Call For 42 U.S.C. 1983, Brad K. Thoenen

Missouri Law Review

Forty years ago, Justice John Harlan noted that the United State Constitution "is not a panacea for every blot upon the public welfare, nor [is the] Court . . .a general haven for reform movements." Written during an era of judicial progressivism, Justice Harlan's words capture perfectly the essence of the Eighth Circuit's majority opinion in Terrell v. Larson, a recent substantive due process case from Minnesota. Substantive due process claims often tug at the heartstrings of our jurisprudence, and Terrell is certainly no exception. This Note will explore the legal foundations and policy implications of Terrell and attempt to …

Section 1983 Cases In The October 2004 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.

The Electronic Recording Of Criminal Interrogations, Roberto Iraola

University of Richmond Law Review

Should law enforcement officers be required to record, by video or audiotape, custodial interrogations of suspects? If so, how much, the entire interrogation or just the confession? Many prosecutors and police departments maintain that a recording requirement will hamper law enforcement and discourage suspects from talking. Proponents of this measure argue that the recording of interrogations protects against false confessions, augments the effective administration of justice, and serves to improve the relationship between the public and the police.

This article generally examines the developing case law on this question. Because of the incriminating nature of confessions, the article, by way …

Miranda, Please Report To The Principal's Office, Meg Penrose

Fordham Urban Law Journal

This Article addresses whether Miranda v. Arizona should apply to students interrogated by school officials during school hours. First, the article provides a brief overview of the law of minors and confessions. Next, it considers the increasing law enforcement presence on our school campuses and evaluates how this presence affects the role of school officials. Finally, the high level of cooperation between law enforcement and school officials in criminal law enforcement is considered to determine whether Miranda should apply in the principal's office.