Law Commons^™

Echoes From The Segregationist Past At Oral Argument, Mary Ellen Maatman

Mary Ellen Maatman

Reflexiones Jurídicas Sobre El Atentado Contra Juan Pablo Ii A La Luz Del Debido Proceso.®, Daniel Fernando Gómez Tamayo

Daniel Fernando Gómez Tamayo

¿Qué sentido tiene que la oficial americana inculpe a un musulmán de un ilícito que posiblemente no cometió? ¿Qué sentido tiene generar un conflicto con los musulmanes, si la Santa Sede mantiene un diálogo interreligioso, respetuoso y pacífico con los musulmanes?

Not All Black And White, Alan E. Garfield

Alan E Garfield

No abstract provided.

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Mark P Nevitt

Climate change is the world’s greatest environmental threat. And it is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have certain constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are unclear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are faithfully …

The Role Of Courts In Improving The Legislative Process, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

ג'ון הארט גרוניס?: פסיקתו של הנשיא גרוניס לאור התיאוריה החוקתית של אילי (John Hart Grunis?: The Jurisprudence Of Chief Justice Grunis In Light Of Ely's Constitutional Theory), Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen

Mark P. Gergen

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 …

Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose

Meg Penrose

This paper takes a closer look at the First Amendment rights of college athletes to access social media while simultaneously participating in intercollegiate athletics. The question posed is quite simple: can a coach or athletic department at a public university legally restrict a student-athlete's use of social media? If so, does the First Amendment provide any restraints on the type or length of restrictions that can be imposed? Thus far, neither question has been presented to a court for resolution. However, the answers are vital, as college coaches and athletic directors seek to regulate their athletes in a constitutional manner.

Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose

Meg Penrose

Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes' social media usage attempt to urge policy directives clothed in constitutional analysis. In this author's opinion, these articles have lost perspective-constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.

The Tuttle Trilogy: Habeas Corpus And Human Rights, Anne S. Emanuel

Anne S. Emanuel

No abstract provided.

Lynching And The Law In Georgia Circa 1931: A Chapter In The Legal Career Of Judge Elbert Tuttle, Anne S. Emanuel

Anne S. Emanuel

Elbert Parr Tuttle joined the federal bench in 1954, shortly after the Supreme Court decided Brown v. Board of Education. In 1960, he became the Chief Judge of the United States Court of Appeals for the Fifth Circuit, the court with jurisdiction over most of the deep south. As Chief Judge, he forged a jurisprudence that proved effective in overcoming the intransigence and outright rebellion of those who had long denied fundamental constitutional rights to African Americans. This Essay traces an episode that occurred in 1931, when Tuttle spearheaded an effort to obtain a fair trial for John Downer, a …

Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success, stability and …

Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey

Russell D. Covey

No abstract provided.

Adventures In The Zone Of Twilight: Separation Of Powers And National Economic Security In The Mexican Bailout, Russell D. Covey

Russell D. Covey

No abstract provided.

Death, Desuetude, And Original Meaning, John F. Stinneford

John F. Stinneford

One of the most common objections to originalism is that it cannot cope with cultural change. One of the most commonly invoked examples of this claimed weakness is the Cruel and Unusual Punishments Clause, whose original meaning would (it is argued) authorize barbaric punishment practices like flogging and branding, and disproportionate punishments like the death penalty for relatively minor offenses. This Article shows that this objection to originalism is inapt, at least with respect to the Cruel and Unusual Punishments Clause. As I have shown in prior articles, the original meaning of “cruel and unusual” is “cruel and contrary to …

Direitos Sociais, Estado De Direito E Desigualdade: Reflexões Sobre As Críticas À Judicialização Dos Direitos Prestacionais, Jane Reis Gonçalves Pereira

Jane Reis Gonçalves Pereira

A tensão ancestral entre democracia e poder judicial é aparentemente acentuada quando se trata de conferir efetividade aos direitos sociais. O presente artigo discute as principais críticas à implementação de direitos positivos pelo Poder Judiciário. Primeiramente, é apresentada uma revisão dos tópicos mais importantes na dogmática sobre os direitos sociais. Em sequência, busca-se enfrentar as objeções postas à ampliação do papel do Judiciário na realização desses direitos, sem deixar de reconhecê-las como referenciais importantes para a construção de um modelo interpretativo adequado. A hipótese central é de que as críticas à intervenção do Judiciário em políticas públicas sobrevalorizam as falhas …

Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015), Timothy P. O'Neill

Timothy P. O'Neill

No abstract provided.

Antisemitism And Hate Speech Studies, Alexander Tsesis

Alexander Tsesis

No abstract provided.

Doctrines Of Delusion: How The History Of The G.I. Bill And Other Inconvenient Truths Undermine The Supreme Court’S Affirmative Action Jurisprudence, Juan F. Perea

Juan F. Perea

No abstract provided.

The Impact Of “Standing” Is Anything But Boring, Alan E. Garfield

Alan E Garfield

No abstract provided.

7 Things You Need To Know About: Constitutional Law, Corey A. Ciocchetti

Corey A Ciocchetti

These slides cover the 7 most important things you need to know about Constitutional Law - especially as it relates to business. Topics covered include the Supremacy Clause & preemption, Commercial Speech & the First Amendment, the Commerce Clause, the Bill of Rights and Constitutional History.

7 Things You Need To Know About: The American Court System, Corey A. Ciocchetti

Corey A Ciocchetti

These presentation slides cover the 7 most important things you need to know about the American Court System. They cover: personal jurisdiction, subject matter jurisdiction, removal, change of venue, and the steps in bringing a lawsuit.

Book Review: The Once And Future King: The Rise Of Crown Government In America, Ronald D. Rotunda

Ronald D. Rotunda

If you want to understand your own language, learn a foreign tongue. Similarly, if you want to understand the American system of government, learn what our intellectual kin—Great Britain and Canada—have done. As Professor F.H. Buckley notes, “He who knows only his own country knows little enough of that.” He is one of the few people who has thoroughly mastered the legal structure and history of all three countries.

The Conservatives’ 2015 Fiscal Charter: A Wanting Desire For Constitutional Change, Brian Christopher Jones, Paolo Sandro

Brian Christopher Jones

In Defense Of Corporate Persons, Kent Greenfield

Kent Greenfield

This essay is a critique of this attack on corporate personhood. It explains that the corporate separateness - corporate “personhood” - is an important legal principle as a matter of corporate law. What’s more, as a matter of constitutional law, corporate “personhood” deserves a more nuanced analysis than has been typically offered in arguing in favor of an amendment to overturn Citizens United. Indeed, the concept of corporate “personhood” can in fact be marshaled in arguments against corporations being able to assert constitutional rights. In the nascent category of cases brought by corporations asserting rights of religious freedom, for example, …

Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead

O. Carter Snead

Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The FDA …

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

Section 1983 Civil Rights Litigation Colloquium, Erwin Chemerinsky, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

Section 1983 Cases In The October 2004 Term, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

Supreme Court 2003-2004 Term: The § 1983 Decisions, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.