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Articles 31 - 40 of 40
Full-Text Articles in Law
Ensuring Miranda’S Right To Counsel Abroad, David Henek '12
Ensuring Miranda’S Right To Counsel Abroad, David Henek '12
NYLS Law Review
No abstract provided.
The Vanishing Indian Returns: Tribes, Popular Originalism, And The Supreme Court, Kathryn E. Fort
The Vanishing Indian Returns: Tribes, Popular Originalism, And The Supreme Court, Kathryn E. Fort
Saint Louis University Law Journal
As the nation faces cultural divides over the meaning of the “Founding,” the Constitution, and who owns these meanings, the Court’s embrace of originalism is one strand that feeds the divide. The Court’s valuing of the original interpretation of the Constitution has reinforced the Founder fetishism also found in popular culture, specifically within the politics of those identified as the Tea Party. As addressed elsewhere, their strict worship of the Founders has historical implications for both women and African Americans, groups both marginalized and viewed as property in the Constitution. No one, however, has written about how the Court's cobbled …
Janus Capital Group, Inc. V. First Derivative Traders: Further Limited Liability, And Missing An Opportunity To Curb Corporate Misconduct, Zachary K. Ostro
Janus Capital Group, Inc. V. First Derivative Traders: Further Limited Liability, And Missing An Opportunity To Curb Corporate Misconduct, Zachary K. Ostro
Journal of Business & Technology Law
No abstract provided.
If It’S Not Broke, Don’T Fix It: Ignoring Criticisms Of Supreme Court Recusals, Kristen L. Henke
If It’S Not Broke, Don’T Fix It: Ignoring Criticisms Of Supreme Court Recusals, Kristen L. Henke
Saint Louis University Law Journal
No abstract provided.
The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman
The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman
Touro Law Review
No abstract provided.
The Continued Viability Of New York’S Juvenile Offender Act In Light Of Recent National Developments, Katherine Lazarow '12
The Continued Viability Of New York’S Juvenile Offender Act In Light Of Recent National Developments, Katherine Lazarow '12
NYLS Law Review
No abstract provided.
The New Voter Suppression: Why The Voting Rights Act Still Matters., Michael Ellement
The New Voter Suppression: Why The Voting Rights Act Still Matters., Michael Ellement
The Scholar: St. Mary's Law Review on Race and Social Justice
The Voting Rights Act of 1965 drastically transformed the ability of African Americans to exercise their right to vote in the South. The most influential policy under the Act was Section Five. This section instituted a new system of review for voting procedure changes in states with a history of racial discrimination. States subject to this section of the Voting Rights Act must get preclearance by submitting any changes to their voting laws to the United States Department of Justice or to the Federal District Court in the District of Columbia. Any law not cleared will not go into effect. …
Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole., Sonia Mardarewich
Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole., Sonia Mardarewich
The Scholar: St. Mary's Law Review on Race and Social Justice
In Miller v. Alabama, the United States Supreme Court held that mandatory life sentences without parole imposed upon juveniles was unconstitutional. The Court reasoned that the sentence was cruel and unusual punishment in violation of the Eighth Amendment. The Court, however, did not hold it was unconstitutional to sentence a juvenile to life without parole if there was “transferred intent” or “reckless disregard.” Nonetheless, the Court effectively abolished state discretion and required sentencing courts to consider an offender’s youth and attendant characteristics as mitigating circumstances. The Court, however, did not specify what sentencing guidelines should dictate. Thus, states are now …
E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler
E Pluribus Unum: Liberalism's March To Be The Singular Influence On Civil Rights At The Supreme Court, Aaron J. Shuler
Barry Law Review
This article seeks to apply Rogers Smith’s Multiple Traditions thesis to the United States Supreme Court’s treatment of the Fourteenth Amendment to uncover the influences behind its major civil rights decisions. It will argue that liberalism dominates at the Court after mostly, but not completely, shedding its illiberal tendencies. This article will argue that the Court’s focus on intent over impact and its “color-blind” approach to racial classifications in the era of subterranean prejudice and indifference or ignorance to inequality solidifies and perpetuates the hierarchies created by ascriptive forms of Americanism under the Court’s liberal notions. This article will also …
Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz
Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz
Touro Law Review
No abstract provided.