Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (30)
- Courts (28)
- Civil Rights and Discrimination (17)
- Fourteenth Amendment (14)
- Law and Society (13)
-
- Judges (12)
- Criminal Law (11)
- Jurisprudence (11)
- Public Law and Legal Theory (11)
- Criminal Procedure (9)
- Internet Law (7)
- First Amendment (6)
- Science and Technology Law (4)
- Law and Politics (3)
- Communications Law (2)
- Jurisdiction (2)
- Law Enforcement and Corrections (2)
- Legal History (2)
- Computer Law (1)
- Dispute Resolution and Arbitration (1)
- Economics (1)
- Education Law (1)
- Evidence (1)
- Family Law (1)
- Legal Education (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Profession (1)
- Litigation (1)
- National Security Law (1)
- File Type
Articles 31 - 34 of 34
Full-Text Articles in Law
The Separate But Unequal Constitution, Adam Lamparello, Charles E. Maclean
The Separate But Unequal Constitution, Adam Lamparello, Charles E. Maclean
Adam Lamparello
The Constitution should not be a political chess match, and outcomes should not depend on the composition of the Supreme Court. The text’s written and unwritten mandates speak to a single value that should unite jurists of all interpretive persuasions: the people — not legislatures or courts — own the Constitution’s enumerated rights, and have a corresponding right to define those that are not enumerated. But those rights have not been fully realized because the Constitution has been applied in a separate — and unequal — manner.
The wealthy have increased access to the political process, the poor are disproportionately …
Equilibrium, Adam Lamparello
Why Justice Kennedy's Opinion In Windsor Short-Changed Same-Sex Couples, Adam Lamparello
Why Justice Kennedy's Opinion In Windsor Short-Changed Same-Sex Couples, Adam Lamparello
Adam Lamparello
Supreme Court Justice Anthony Kennedy’s decision in United States v. Windsor—invalidating the Defense of Marriage Act—made the same mistake as his decision in Lawrence v. Texas: it relied upon abstract notions of ‘liberty’ rather than the text-based guarantee of equality. Same-sex couples deserve more. They are entitled to equal treatment under the United States Constitution. Bans on same-sex marriage cannot be supported by a rational state interest, and instead constitute impermissible discrimination under the Fourteenth Amendment’s Equal Protection Clause. By issuing a doctrinally muddled decision that included discussions of federalism, liberty, due process, and equal protection, Justice Kennedy missed an …
Partially Concurrent Sentences, Statutory Interpretation, And Legislative Intent: Amicus Brief Filed In State V. Bryant Wilson (Indiana Supreme Court), Adam Lamparello, Charles Maclean
Partially Concurrent Sentences, Statutory Interpretation, And Legislative Intent: Amicus Brief Filed In State V. Bryant Wilson (Indiana Supreme Court), Adam Lamparello, Charles Maclean
Adam Lamparello
Indiana Code § 35-50-1-2 states that terms of imprisonment “shall be served concurrently or consecutively.” The Code’s plain language does not authorize courts to impose partially consecutive, blended, or “split sentences. Partially consecutive sentences would impermissibly read into the Code a third sentencing option, thus contradicting Indiana’s well-settled jurisprudence and undermining the goal of reasonable uniformity in sentencing. The decision of the Indiana Court of Appeals should therefore be reversed.