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Articles 1 - 12 of 12
Full-Text Articles in Law
Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito
Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito
Faculty Publications By Year
The primacy accorded individual civil and political rights is often touted as one of the United States' greatest achievements. However, mass incarcerations of indefinite duration have occurred consistently throughout U.S. history and have primarily targeted people of color. The dominant narrative insists that the United States is a political democracy and portrays each instance of indefinite detention in exceptionalist terms. This essay argues that the historical patterns of indefinite detention are better explained by recognizing the United States as a settler colonial state whose claimed prerogative to expand its territorial reach and contain/control populations over which it exercises jurisdiction inevitably …
Originalism And The Executive, Neil Kinkopf
Originalism And The Executive, Neil Kinkopf
Faculty Publications By Year
No abstract provided.
Personal Is Political For Roberts Court, Eric J. Segall
Personal Is Political For Roberts Court, Eric J. Segall
Faculty Publications By Year
No abstract provided.
What President Obama Should Have Said About The Supreme Court And The Affordable Care Act, Eric J. Segall
What President Obama Should Have Said About The Supreme Court And The Affordable Care Act, Eric J. Segall
Faculty Publications By Year
No abstract provided.
Is The Roberts Court Really A Court?, Eric J. Segall
Is The Roberts Court Really A Court?, Eric J. Segall
Faculty Publications By Year
When facing a question that the law does not clearly answer, courts are generally obligated to resolve legal disputes by examining, interpreting, and applying prior positive law such as text and precedent. This Article argues that three cases decided by the Roberts Court – Gonzales v. Carhart, District of Columbia v. Heller, and Citizens United v. Federal Election Commission – exemplify the Supreme Court’s propensity for disregarding prior positive law when deciding cases. The Author contends that the Roberts Court, quite possibly like all the Supreme Courts before it, is not a “court” at all because it does not take …
Can Congress Ban People From Threatening To Burn The Quran? Yes: No Rights Are Absolute, Especially Amid Legitimate Safety Issues, Jessica D. Gabel
Can Congress Ban People From Threatening To Burn The Quran? Yes: No Rights Are Absolute, Especially Amid Legitimate Safety Issues, Jessica D. Gabel
Faculty Publications By Year
No abstract provided.
Elena Kagan Can't Say That: The Sorry State Of Political Discourse Regarding Constitutional Interpretation, Neil J. Kinkopf
Elena Kagan Can't Say That: The Sorry State Of Political Discourse Regarding Constitutional Interpretation, Neil J. Kinkopf
Faculty Publications By Year
No abstract provided.
What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed): A Reply, Eric J. Segall
What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed): A Reply, Eric J. Segall
Faculty Publications By Year
No abstract provided.
What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed), Eric J. Segall
What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed), Eric J. Segall
Faculty Publications By Year
During her confirmation hearings, Justice Kagan backed away from numerous critical comments she had previously made about the nomination process. No one knows why she changed her mind but it is likely that the shift resulted more from a political calculation than a change of heart about the nature of the process. This Commentary suggests that Justice Kagan could have testified consistently with her previously expressed views and still have been confirmed.
The Corruption Of Civilizations, Timothy K. Kuhner
The Corruption Of Civilizations, Timothy K. Kuhner
Faculty Publications By Year
No abstract provided.
Deliberative Democracy And Campaign Finance Reform, Neil J. Kinkopf
Deliberative Democracy And Campaign Finance Reform, Neil J. Kinkopf
Faculty Publications By Year
No abstract provided.
Hugo Black's Congressional Investigation Of Lobbying And The Public Utility Holding Company Act: A Historical View Of The Power Trust, New Deal Politics, And Regulatory Propaganda, William A. Gregory, Rennard Strickland
Hugo Black's Congressional Investigation Of Lobbying And The Public Utility Holding Company Act: A Historical View Of The Power Trust, New Deal Politics, And Regulatory Propaganda, William A. Gregory, Rennard Strickland
Faculty Publications By Year
No abstract provided.