Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Executive Discretion And First Amendment Constraints On The Deportation State, Jennifer Lee Koh
Executive Discretion And First Amendment Constraints On The Deportation State, Jennifer Lee Koh
Georgia Law Review
Given the federal courts’ reluctance to provide clarity on the degree to which the First Amendment safeguards the free speech and association rights of immigrants, the immigration policy agenda of the President now appears to determine whether noncitizens engaging in speech, activism, and advocacy are protected from retaliation by federal immigration authorities. This Essay examines two themes: first, the discretion exercised by the Executive Branch in the immigration context; and second, the courts’ ambivalence when it comes to enforcing immigrants’ rights to be free from retaliation. To do so, this Essay explores the Supreme Court’s influential 1999 decision in Reno …
State Of The Unions: The Impact Of Janus On Public University Student Fees, Jonathan Kaufman
State Of The Unions: The Impact Of Janus On Public University Student Fees, Jonathan Kaufman
Georgia Law Review
In Janus v. American Federation of State, County,
and Municipal Employees, Council 31, the U.S.
Supreme Court overruled forty-one years of precedent
that had allowed public-sector unions to collect
agency-shop fees from nonmembers. The Court ruled this
mandatory fee collection unconstitutional as a violation
of nonmember First Amendment rights. This decision
may pose problems for other public entities, such as
public universities, who also collect mandatory fees that
support political speech.
The Supreme Court And The Rehabilitative Ideal, Chad Flanders
The Supreme Court And The Rehabilitative Ideal, Chad Flanders
Georgia Law Review
Graham v. Florida was a watershed decision, not least because of the centrality of the "rehabilitative ideal" to its holding that life in prison for juveniles convicted of nonhomicide crimes was cruel and unusual. The Court's emphasis on rehabilitation was surprising both because rehabilitation was barely included as a 'purpose of punishment" in prior decisions of the Court, but also in terms of the history of academic and legislative skepticism toward rehabilitation. Courts and commentators have struggled to make sense of both the meaning and the scope of Graham's rehabilitative holding. This Article places Graham in the context of the …