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Articles 1 - 11 of 11
Full-Text Articles in Law
No Right At All: Putting Consular Notification In Its Rightful Place After Medellin, Alberto R. Gonzales, Amy L. Moore
No Right At All: Putting Consular Notification In Its Rightful Place After Medellin, Alberto R. Gonzales, Amy L. Moore
Law Faculty Scholarship
This Article covers the history of consular notification and presentation in the U.S. federal and state courts and in the International Court of Justice. Article 36 of the Vienna Convention on Consular Relations provides that nation-states should notify detained foreign nationals of their right to contact their consulate about their detention. This Article argues that the U.S. Supreme Court, as matters of institutional responsibility and judicial economy, should have concluded that the Vienna Convention on Consular Relations does not contain an enforceable individual right. Moreover, no analog for this right has been found in American jurisprudence.
In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales
In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales
Law Faculty Scholarship
During 2005, President George W. Bush appointed Federal Circuit Court Judges John G. Roberts and Samuel A. Alito to the U.S. Supreme Court. These appointments were the culmination of years of examination of the work, character, and temperament of both men commencing during the 2000 presidential transition. Our evaluation included face-to-face interviews; an analysis of judicial opinions, speeches, and writings; and conversation with friends, colleagues, and court experts. Based on this work, a select group of Bush Administration officials developed a set of predictors that formed the basis of our recommendation to President Bush that he elevate Circuit Court Judges …
College Students And State Voter Id Laws: Can I Vote In The State Where I Attend College? I Have A Student Id Card, Tracey Carter
College Students And State Voter Id Laws: Can I Vote In The State Where I Attend College? I Have A Student Id Card, Tracey Carter
Law Faculty Scholarship
Presidential debates are purposely held on college campuses because it is well-known that college students are a large voting population who often serve as leaders when it comes to political activism and community involvement. Moreover, when students leave home to attend college, some of them want to vote in their college towns. In fact, the U.S. Supreme Court in its 1979 landmark decision in Symm v. United States held that students have the constitutional right to register and vote where they attend college. However, despite the Symm’s decision and other constitutional protections, college students also have to be knowledgeable about …
Finding The Lost Involuntary Public Figure, Jeffrey Omar Usman
Finding The Lost Involuntary Public Figure, Jeffrey Omar Usman
Law Faculty Scholarship
This Article begins in Part I through observation of the beginning and development of the Supreme Court’s jurisprudence on the constitutional limitations imposed upon defamation actions under the First Amendment to the United States Constitution. Part II of the Article then briefly sets forth the constitutional framework that the Supreme Court imposed in 1974 on defamation actions in Gertz v. Robert Welch, Inc. The Article then addresses in Part III how the pressures of the First Amendment have eroded the structure that Gertz built. In doing so, Part III specifically explores the expanding definition of who constitutes a public official …
Two Years Later And Counting: The Implications Of The Supreme Court's Taxing Power Decision On The Goals Of The Affordable Care Act, Alberto R. Gonzales, Donald B. Stuart
Two Years Later And Counting: The Implications Of The Supreme Court's Taxing Power Decision On The Goals Of The Affordable Care Act, Alberto R. Gonzales, Donald B. Stuart
Law Faculty Scholarship
In 2012, in a highly anticipated decision, the United States Supreme Court upheld the constitutionality of a requirement that most Americans obtain health insurance or pay a monetary penalty.' The statute in question that contained this requirement, the Patient Protection and Affordable Care Act (Act or ACA), often labeled as "Obamacare," or the Affordable Care Act, was a monumental piece of legislation (over 900 pages) that was passed by Congress and signed into law by President Barack Obama in 2010. The Act represented a significant overhaul of the country's health care system and structure. The primary objectives of this legislation …
Menu Labeling: The Unintended Consequences To The Consumer, Ellen A. Black
Menu Labeling: The Unintended Consequences To The Consumer, Ellen A. Black
Law Faculty Scholarship
Why are Americans, along with the rest of the most populous nations, more overweight than twenty or thirty years ago? Most nutritionists and scientists agree that the answer is complex and multifaceted, with genetics, exercise, and diet all playing at least a partial role. Americans, for the last thirty years, have been reportedly eating out at restaurants more frequently than they have been eating at home; as a result, the restaurant industry has been blamed, in part, for the rise in obesity, based upon the presumption that more calories are consumed at restaurants than at home. Yet determining the underlying …
The Quest For Finality: Five Stories Of White Collar Criminal Prosecution, Lucian E. Dervan
The Quest For Finality: Five Stories Of White Collar Criminal Prosecution, Lucian E. Dervan
Law Faculty Scholarship
In this symposium article, Professor Dervan examines the issue of finality and sentencing. In considering this issue, he argues that prosecutors, defendants, and society as a whole are drawn to the concept of finality in various ways during criminal adjudications. Further, far from an aspirational summit, he argues that some outgrowths of this quest for finality could be destructive and, in fact, obstructive to some of the larger goals of our criminal justice system, including the pursuit of truth and the protection of the innocent. Given the potential abstraction of these issues, Professor Dervan decided to discuss the possible consequences …
Rife With Latent Power: Exploring The Reach Of The Irs To Determine Tax-Exempt Status According To Public Policy Rationale In An Era Of Judicial Deference, Amy L. Moore
Law Faculty Scholarship
Using the case of Bob Jones University v. United States as a springboard, this article contends that the IRS has the legal authority to revoke the 501(c)(3) tax-exempt statuses of any institution that the IRS deems to be in violation of public policy. The first step to such an expansion might be to apply to private, religious universities that practice discrimination in areas other than race (e.g. gender and sexual orientation). This article traces the background and analysis of the Supreme Court decision in Bob Jones and how the Court left the door open for the IRS to make other …
Reality Over Ideology: A Practical View Of Special Needs Voucher Programs, Elizabeth Adamo Usman
Reality Over Ideology: A Practical View Of Special Needs Voucher Programs, Elizabeth Adamo Usman
Law Faculty Scholarship
In many school systems across the country, children with disabilities are not receiving the education that they are entitled to by law and need in order to reach their full potential. Although there are certainly triumphant examples of school systems that have succeeded in supporting students with special needs, there are unfortunately far too many examples of neglect, misunderstanding, and, ultimately, failure across the country. Into this struggling system emerges an expanding and difficult challenge that only adds further pressure. Due to the growing numbers of children diagnosed with Autism and the level of expertise required to deal with many …
Resolving The Great Divide In Pregnancy Discrimination, Lynn Ridgeway Zehrt
Resolving The Great Divide In Pregnancy Discrimination, Lynn Ridgeway Zehrt
Law Faculty Scholarship
The Supreme Court granted certiorari on July 1, 2014, in the Fourth Circuit case of Young v. United Parcel Service, to resolve a fundamental disagreement between the federal courts of appeals over the extent to which employers are required to provide reasonable accommodations to pregnant workers under the Pregnancy Discrimination Act of 1978. Prior to granting certiorari, the Supreme Court invited the Solicitor General to submit an amicus curiae brief providing the position of the United States. It was the opinion of the Solicitor General that the Fourth Circuit “erred in holding that petitioner failed to establish a prima facie …
Twenty Years Of Compromise: How The Caps On Damages In The Civil Rights Act Of 1991 Codified Sex Discrimination, Lynn Ridgeway Zehrt
Twenty Years Of Compromise: How The Caps On Damages In The Civil Rights Act Of 1991 Codified Sex Discrimination, Lynn Ridgeway Zehrt
Law Faculty Scholarship
This article takes a novel approach and reexamines the legislative history surrounding the enactment of the Civil Rights Act of 1991 with a central focus on exploring the issue of capped damages. Part I begins by briefly contrasting and summarizing the diverging remedies available under 42 U.S.C. § 1981 and Title VII. The article then shifts in Part II to an examination of the political climate and legislative history that forged the enactment of the 1991 Act, paying particular attention to the debate surrounding damages. This history reveals that many members of Congress had a discriminatory motive in capping damages …