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Brief For Amici Curiae Constitutional Law, Federal Courts, Citizen, And Remedies Scholars In Support Of Respondent: Lynch V. Morales-Santana, Judith Resnick, Stephen I. Vladeck, Mier Feder, Muneer I. Ahmad, Erwin Chemerinsky, Gillian E. Metzger, Gerald L. Neuman, Linda Bosniak, Michael C. Dorf, Burt Neuborne, Doug Rendleman, David L. Shapiro, Michael J. Wishnie
Brief For Amici Curiae Constitutional Law, Federal Courts, Citizen, And Remedies Scholars In Support Of Respondent: Lynch V. Morales-Santana, Judith Resnick, Stephen I. Vladeck, Mier Feder, Muneer I. Ahmad, Erwin Chemerinsky, Gillian E. Metzger, Gerald L. Neuman, Linda Bosniak, Michael C. Dorf, Burt Neuborne, Doug Rendleman, David L. Shapiro, Michael J. Wishnie
Scholarly Articles
None available.
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Scholarly Articles
Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing.
Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.”
Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without proof …
The Bin Laden Exception, Erik Luna
The Bin Laden Exception, Erik Luna
Scholarly Articles
Osama bin Laden's demise provides an opportune moment to reevaluate the extraordinary measures taken by the U.S. government in the "war on terror," with any reassessment incorporating the threat posed by al Qaeda and other terrorist organizations. Some modest analysis suggests that terrorism remains a miniscule risk for the average American, and it hardly poses an existential threat to the United States. Nonetheless, terrorism-related fears have distorted the people's risk perception and facilitated dubious public policies, exemplified here by a series of programs implemented by the Transportation Security Administration (TSA). Among other things, this agency has adopted costly technology and …
Balancing Security And Liberty In Germany, Russell A. Miller
Balancing Security And Liberty In Germany, Russell A. Miller
Scholarly Articles
Scholarly discourse over America’s national security policy frequently invites comparison with Germany’s policy. Interest in Germany’s national security jurisprudence arises because, like the United States, Germany is a constitutional democracy. Yet, in contrast to the United States, Germany’s historical encounters with violent authoritarian, anti-democratic, and terrorist movements have endowed it with a wealth of constitutional experience in balancing security and liberty. The first of these historical encounters – with National Socialism – provided the legacy against which Germany’s post-World War II constitutional order is fundamentally defined. The second encounter – with leftist domestic radicalism in the 1970s and 1980s – …
Where To Go From Here? The Roberts Court At The Crossroads Of Sentencing, Nora V. Demleitner
Where To Go From Here? The Roberts Court At The Crossroads Of Sentencing, Nora V. Demleitner
Scholarly Articles
As the Supreme Court has turned federal sentencing upside down in Booker, it has left a host of open questions in the wake of that decision. The outcome of these questions is often difficult to predict, for lower courts and commentators alike, as the Court has failed to develop an overarching sentencing philosophy to replace the rehabilitation-focused one that animated sentencing for so long. If the Court were to reach consensus on that issue, it would be better able to speak coherently on unresolved sentencing matters. This introduction to an Issue of the Federal Sentencing Reporter highlights some of the …
Speaking Outdoors, Lewis H. Larue
"Neither Force Nor Will", Lewis H. Larue
Telling Stories About Constitutional Law, Lewis H. Larue
Telling Stories About Constitutional Law, Lewis H. Larue
Scholarly Articles
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Constitutional Law And Constitutional History, Lewis H. Larue
Constitutional Law And Constitutional History, Lewis H. Larue
Scholarly Articles
Not available.
Taking Libel Reform Seriously, Rodney A. Smolla
Living With Gertz: A Practical Look At Constitutional Libel Standards, Lewis H. Larue
Living With Gertz: A Practical Look At Constitutional Libel Standards, Lewis H. Larue
Scholarly Articles
None available.
Integration Maintenance: The Unconstitutionality Of Benign Programs That Discourage Black Entry To Prevent White Flight, Rodney A. Smolla
Integration Maintenance: The Unconstitutionality Of Benign Programs That Discourage Black Entry To Prevent White Flight, Rodney A. Smolla
Scholarly Articles
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Prospective Remedies In Constitutional Adjudication, Doug Rendleman
Prospective Remedies In Constitutional Adjudication, Doug Rendleman
Scholarly Articles
None available
The New Due Process: Rights And Remedies, Doug Rendleman
The New Due Process: Rights And Remedies, Doug Rendleman
Scholarly Articles
None available