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Articles 31 - 60 of 77
Full-Text Articles in Law
Transgendered In Alaska: Navigating The Changing Legal Landscape For Change In Gender Petitions, Leslie Dubois-Need, Amber Kingery
Transgendered In Alaska: Navigating The Changing Legal Landscape For Change In Gender Petitions, Leslie Dubois-Need, Amber Kingery
Alaska Law Review
No abstract provided.
Winkelman: Pro Se Parents Of Children With Disabilities In The Courts (Or Not?), Sonja Kerr
Winkelman: Pro Se Parents Of Children With Disabilities In The Courts (Or Not?), Sonja Kerr
Alaska Law Review
No abstract provided.
The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky
The Disparate Treatment Of Race And Class In Constitutional Jurisprudence, Mario L. Barnes, Erwin Chemerinsky
Law and Contemporary Problems
No abstract provided.
When Insiders Become Outsiders: Parental Objections To Public School Sex Education Programs, Emily J. Brown
When Insiders Become Outsiders: Parental Objections To Public School Sex Education Programs, Emily J. Brown
Duke Law Journal
This Note argues that parents' fundamental right to direct their children's moral and educational upbringing includes the right to exempt their children from objectionable sex education programs in public schools. Schools usurp parents' fundamental rights when they unilaterally introduce children to topics of human sexuality without parental notice or permission. Alleged violations of these rights merit strict scrutiny review from courts. When parents' objections are confined to discrete, tangible events, parents are constitutionally entitled to exempt their children from objectionable activities. The efficacy of this constitutional relief is more limited, however, when parental objections are pervasive and unassociated with a …
Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle
Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle
Duke Journal of Gender Law & Policy
Because the government has historically enacted laws criminalizing abortion to preserve traditional stereotypes regarding a woman's domestic and subordinate position in society,22 abortion regulations necessitate an Equal Protection Clause analysis. [...] this article will examine first how Gonzales and Glucksberg forecast Roe's now inevitable demise, and accordingly, why abortion regulations must now be evaluated under an Equal Protection Clause analysis- in place of the crumbling Due Process Clause framework.23 Finally, this article will explain how and why the Partial Birth Abortion Act of 2003 violates the Equal Protection Clause of the Fourteenth Amendment.
“The Judge Said, ‘Son, What Is Your Alibi …?” A Survey Of Alaska Criminal Discovery Principles, James Fayette
“The Judge Said, ‘Son, What Is Your Alibi …?” A Survey Of Alaska Criminal Discovery Principles, James Fayette
Alaska Law Review
No abstract provided.
The Exxon Valdez Case And Regularizing Punishment, Jeffrey L. Fisher
The Exxon Valdez Case And Regularizing Punishment, Jeffrey L. Fisher
Alaska Law Review
No abstract provided.
Justice On Appeal In Criminal Cases: A Twentieth-Century Perspective, Paul D. Carrington
Justice On Appeal In Criminal Cases: A Twentieth-Century Perspective, Paul D. Carrington
Faculty Scholarship
Criminal appeals was a hot topic in the 1970s, reflecting the politics of the Great Society and the development of the constitutional requirements of due process. There was then widespread agreement that the function of the criminal appeal was to assure that the appropriate judges were giving visible attention to all convictions to assure that they were justified. This paper will pose the question: what has become of that vision of a former generation?
The Unbearable Lightness Of Marriage In The Abortion Decisions Of The Supreme Court: Altered States In Constitutional Law, William W. Van Alstyne
The Unbearable Lightness Of Marriage In The Abortion Decisions Of The Supreme Court: Altered States In Constitutional Law, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
In Defense Of “Footnote Four”: A Historical Analysis Of The New Deal’S Effect On Land Regulation In The U.S. Supreme Court, Christopher S. Dodrill
In Defense Of “Footnote Four”: A Historical Analysis Of The New Deal’S Effect On Land Regulation In The U.S. Supreme Court, Christopher S. Dodrill
Law and Contemporary Problems
At the turn of the nineteenth century, the US Supreme Court established and reinforced numerous so-called "economic rights." During the Lochner v. New York era, the Court invalidated almost 200 federal and state economic and labor regulations for interfering with the right to contract and for violating substantive due process. In 1937, however, Justice Stone's famous "footnote four" in United States v. Carolene Products Co. closed the coffin on Lochner. After Carolene Products, the Court stopped applying heightened scrutiny to economic legislation, and it began consciously protecting "discrete and insular minorities." Here, Dodrill explains the Lochner-era Supreme Court's standard of …
Counting Offenses, Jeffrey M. Chemerinsky
Counting Offenses, Jeffrey M. Chemerinsky
Duke Law Journal
Is a criminal defendant who discharges a weapon five times in rapid succession guilty of one crime or several crimes? This question of how to divide charges has vexed legal philosophers and Supreme Court Justices. It is a question of profound importance, but one that legal scholarship has seldom addressed. The answer has an impact on each stage of a criminal justice prosecution. The difference between one charge and multiple charges can affect the likelihood of a plea bargain, the strategy for trial, and, if the defendant is convicted, the length of a prison sentence. This Note, citing numerous examples …
Punishment By The People: Rethinking The Jury’S Political Role In Assigning Punitive Damages, Nathan Seth Chapman
Punishment By The People: Rethinking The Jury’S Political Role In Assigning Punitive Damages, Nathan Seth Chapman
Duke Law Journal
No abstract provided.
Mens Rea In Alaska: From Bad Thoughts To No Thoughts?, Lee Perla
Mens Rea In Alaska: From Bad Thoughts To No Thoughts?, Lee Perla
Alaska Law Review
No abstract provided.
Political Trials In Domestic And International Law, Eric A. Posner
Political Trials In Domestic And International Law, Eric A. Posner
Duke Law Journal
Due process protections and other constitutional restrictions normally ensure that citizens cannot be tried and punished for political dissent, but these same restrictions interfere with criminal convictions of terrorists and others who pose a nonimmediate but real threat to public safety. To counter these threats, governments may use various subterfuges to avoid constitutional protections-often with the complicity of judges-but when they do so, they risk losing the confidence of the public, which may believe that the government targets legitimate political opponents. This Article argues that the amount of process enjoyed by defendants in criminal trials reflects a balancing of two …
Lost In Translation: The Need For A Formal Court Interpreter Program In Alaska, T. Caroline Briggs-Sykes
Lost In Translation: The Need For A Formal Court Interpreter Program In Alaska, T. Caroline Briggs-Sykes
Alaska Law Review
No abstract provided.
The Political Question Doctrine: Suggested Criteria, Jesse H. Choper
The Political Question Doctrine: Suggested Criteria, Jesse H. Choper
Duke Law Journal
Whether there should be a political question doctrine and, if so, how it should be implemented continue to be contentious and controversial issues, both within and outside the Court. This Article urges that the Justices should reformulate the detailed definition that they have utilized (at least formally) since 1962, and adopt four criteria to be applied in future cases. The least disputed-textual commitment-is the initial factor listed in Baker v. Carr. The other three are based on functional considerations rather than constitutional language or original understanding. The first of these-structural issues: federalism and separation of powers-has been advanced and developed …
Diamond In The Rough: Mining Article 36(1)(B) Of The Vienna Convention On Consular Relations For An Individual Right To Due Process, Brittany P. Whitesell
Diamond In The Rough: Mining Article 36(1)(B) Of The Vienna Convention On Consular Relations For An Individual Right To Due Process, Brittany P. Whitesell
Duke Law Journal
No abstract provided.
When Privacy Fails: Invoking A Property Paradigm To Mandate The Destruction Of Dna Samples, Leigh M. Harlan
When Privacy Fails: Invoking A Property Paradigm To Mandate The Destruction Of Dna Samples, Leigh M. Harlan
Duke Law Journal
No abstract provided.
In Re Exxon Valdez: Application Of Due Process Constraints On Punitive Damages Awards, Joseph J. Chambers
In Re Exxon Valdez: Application Of Due Process Constraints On Punitive Damages Awards, Joseph J. Chambers
Alaska Law Review
No abstract provided.
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
On A Collision Course: Pure Propensity Evidence And Due Process In Alaska, Drew D. Dropkin, James H. Mccomas
On A Collision Course: Pure Propensity Evidence And Due Process In Alaska, Drew D. Dropkin, James H. Mccomas
Alaska Law Review
No abstract provided.
The Legal Subject In Exile, Kathryn Abrams
Federalism And The Double Standard Of Judicial Review, Lynn A. Baker, Ernest A. Young
Federalism And The Double Standard Of Judicial Review, Lynn A. Baker, Ernest A. Young
Duke Law Journal
From 1937 to 1995, federalism was part of a “Constitution in exile.” Except for the brief interlude of the National League of Cities doctrine2—which, like Napoleon’s ill-fated return from Elba, met with crushing defeat3—the post–New Deal Supreme Court has been almost completely unwilling to enforce constitutional limits on national power vis-à-vis the states. The reason, by all accounts, has much to do with federalism’s historic link to other aspects of our expatriate constitution—e.g., economic substantive due process, legislative nondelegation— which were banished for their collusion against the New Deal.
On Listening To The Kulturkampf, Or, How America Overruled Bowers V. Hardwick, Even Though Romer V. Evans Didn’T, Jay Michaelson
On Listening To The Kulturkampf, Or, How America Overruled Bowers V. Hardwick, Even Though Romer V. Evans Didn’T, Jay Michaelson
Duke Law Journal
No abstract provided.
Substantive Due Process, Erwin Chemerinsky
Rationing Justice—What Thomas More Would Say, Michael E. Tigar
Rationing Justice—What Thomas More Would Say, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Quo Vadis, Posadas?, William W. Van Alstyne
Quo Vadis, Posadas?, William W. Van Alstyne
Faculty Scholarship
This examination looks at Virginia's ban on speech advertising motorcycles and revisits the question raised in the Posadas decision - may a state ban speech about a legal product the state could ban if it so desired. This article uses comparisons to the government employee speech cases to further illuminate the issue.
The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne
The Failure Of The Religious Freedom Restoration Act Under Section 5 Of The Fourteenth Amendment, William W. Van Alstyne
Duke Law Journal
No abstract provided.
Indigent Defense Systems In The United States, Robert L. Spangenberg, Marea L. Beeman
Indigent Defense Systems In The United States, Robert L. Spangenberg, Marea L. Beeman
Law and Contemporary Problems
Spangenberg and Beeman describe the structure and funding of the systems of delivery of legal services to indigent criminal defendents in use at the state level, including assigned counsel, contract attorneys and public defenders.