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Articles 1 - 11 of 11
Full-Text Articles in Law
At Oral Argument, Supreme Court Weighs Immigrant Detention, Peter Margulies
At Oral Argument, Supreme Court Weighs Immigrant Detention, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Human Rights Litigation Against Corporations After Jesner V. Arab Bank, Patrick C. Reed
Human Rights Litigation Against Corporations After Jesner V. Arab Bank, Patrick C. Reed
Publications and Research
In this paper, Dr. Reed explores issues of corporate civil liability for human rights violations. The paper analyzes the recent U.S. Supreme Court ruling in Jesner v. Arab Bank where the Court rejected federal subject-matter jurisdiction over corporate defendants under the Alien Tort Statute. The paper then moves beyond the Supreme Court ruling to identify potential legal exposure for corporations outside the Alien Tort Statute.
Originalism And Congressional Power To Enforce The Fourteenth Amendment, Christopher W. Schmidt
Originalism And Congressional Power To Enforce The Fourteenth Amendment, Christopher W. Schmidt
Washington and Lee Law Review Online
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence defining the scope of Congress’ power to enforce the Fourteenth Amendment. Under the standard established in Boerne v. Flores, the Court limits congressional power under Section 5 of the Fourteenth Amendment to statutory remedies premised on judicially defined interpretations of Fourteenth Amendment rights. A commitment to originalism as a method of judicial constitutional interpretation challenges the premise of judicial interpretive supremacy in Section 5 jurisprudence in two ways. First, as a matter of history, an originalist reading of Section 5 provides support for broad judicial …
Testimony Of Rebecca Ingber Before The United States Senate Committee On The Judiciary On The Nomination Of Brett Kavanaugh For Associate Justice Of The U.S. Supreme Court, Rebecca Ingber
Faculty Scholarship
Professor Rebecca Ingber testified before the U.S. Senate Judiciary Committee as it considered the nomination of Brett Kavanaugh for Associate Justice of the U.S. Supreme Court. Her testimony focused on Judge Kavanaugh's national security and international law jurisprudence, in particular, the court's role in considering international law constraints on the President's war powers, and the potential effects of this judicial approach on executive power.
Kavanaugh And The Military Commissions: Reading The Law “As Written” For An Unpopular Defendant, Peter Margulies
Kavanaugh And The Military Commissions: Reading The Law “As Written” For An Unpopular Defendant, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Personal Jurisdiction Over Orb-Web Corporations: A Re-Routed Approach For "Change In The Navigation Of Time", Vidhya Iyer
Personal Jurisdiction Over Orb-Web Corporations: A Re-Routed Approach For "Change In The Navigation Of Time", Vidhya Iyer
Global Business Law Review
The law of personal jurisdiction lies at the heart of all litigation. Our courts must recognize the rights of individuals as well as the rights of corporations. The motto placed at the entrance of the United States Supreme Court—"Equal Justice Under Law"—ensures the promise of equal justice under the law to all persons. It expresses the ultimate responsibility of the Supreme Court of the United States (the "Court") as the highest tribunal for all cases and controversies arising under the Constitution, laws, and treaties of the United States and functions as a guardian and interpreter of the Constitution. From the …
Trump, The Court, And Constitutional Law, Erwin Chemerinsky
Trump, The Court, And Constitutional Law, Erwin Chemerinsky
Indiana Law Journal
In this Essay, I want to offer initial thoughts on what the Trump presidency is likely to mean for constitutional law. First, I want to focus on the lost opportunity: what might have happened had Hillary Clinton replaced Scalia and filled other vacancies on the Court. Second, I want to focus on the reality of what we are likely to see as a result of Neil Gorsuch replacing Antonin Scalia and of other possible vacancies being filled by President Trump. Finally, I want to discuss how progressives should react to this and to the foreseeable future of constitutional law. These, …
Supreme Court Makes It Easier For People To Win Big, Alexandra Eichner
Supreme Court Makes It Easier For People To Win Big, Alexandra Eichner
Nova Law Review
No abstract provided.
Nova Law Review Full Issue Volume 43, Issue 1
Jesner V. Arab Bank, Rebecca Hamilton
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).
Assessing The Real Risk Of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave, Franklin E. Zimring
Assessing The Real Risk Of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave, Franklin E. Zimring
Articles
This Article uses internal memoranda and emails to describe the efforts of the California Department of Mental Health to suppress a serious and well-designed study that showed just 6.5% of untreated sexually violent predators were arrested for a new sex crime within 4.8 years of release from a locked mental facility. The Article begins by historically situating sexually violent predator laws and then explains the constitutionally critical role that prospective sexual dangerousness plays in justifying these laws. The Article next explains how the U.S. Supreme Court and the highest state courts have allowed these laws to exist without requiring any …