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Akram Faizer

Selected Works

Articles 1 - 5 of 5

Full-Text Articles in Law

Reinforced Polarization: How The Roberts Court's Recent, Akram Faizer Dec 2014

Reinforced Polarization: How The Roberts Court's Recent, Akram Faizer

Akram Faizer

No abstract provided.

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Exacerbating The Divide: Why The Roberts Court’S Recent Same-Sex Jurisprudence Is An Improvident Use Of The Court’S Judicial Review Powers, Akram Faizer Dec 2014

Exacerbating The Divide: Why The Roberts Court’S Recent Same-Sex Jurisprudence Is An Improvident Use Of The Court’S Judicial Review Powers, Akram Faizer

Akram Faizer

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Death Penalty Jurisprudence By Tallying State Legislative Enactments: Harmonizing The Eighth And Tenth Amendments, Akram Faizer, Charles E. Maclean Dec 2014

Death Penalty Jurisprudence By Tallying State Legislative Enactments: Harmonizing The Eighth And Tenth Amendments, Akram Faizer, Charles E. Maclean

Akram Faizer

Whenever most legislatures in death penalty states have rejected a particular application of capital punishment, the Supreme Court has held that no state may retain that application, reasoning that any death penalty approach rejected by the majority of states is, perforce, unconstitutionally “cruel and unusual” under the Eighth Amendment. Although some laud these decisions, they ignore the States’ Tenth Amendment rights to govern themselves within broad constitutional parameters. Rather than defer to opinion polls or tallying state legislative enactments, the Court should engage in true constitutional analysis, forbidding cruel and unusual punishments, but simultaneously honoring states’ rights to govern themselves.

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Legal Update: A Tortured Path To Same-Sex Marriage In Tennessee - A Practitioner's Guide, Akram Faizer Aug 2013

Legal Update: A Tortured Path To Same-Sex Marriage In Tennessee - A Practitioner's Guide, Akram Faizer

Akram Faizer

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Chief Justice John “Marshall” Roberts – How The Chief Justice’S Majority Opinion Upholding The Federal Patient Protection And Affordable Care Act Of 2010 Evokes Chief Justice Marshall’S Decision In Marbury V. Madison, Mohamed Akram Faizer Dec 2012

Chief Justice John “Marshall” Roberts – How The Chief Justice’S Majority Opinion Upholding The Federal Patient Protection And Affordable Care Act Of 2010 Evokes Chief Justice Marshall’S Decision In Marbury V. Madison, Mohamed Akram Faizer

Akram Faizer

The United States Supreme Court sustained the Federal Patient Protection and Affordable Care Act of 2010 based on Chief Justice John G. Roberts, Jr.’s majority opinion in National Federation of Independent Business v. Sebelius, 132 S. Ct. 2566 (2012). The Chief Justice’s decision to uphold the Act obviated a potentially harmful confrontation with the Obama Administration in advance of the November 2012 general election. However, the decision accomplished more than merely avoid a confrontation with the executive branch. Rather, the Chief Justice’s rationale for sustaining the Act under the Taxing and Spending Power and not the Commerce Clause is a …

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