Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

UIdaho Law

Constitutional Law

Articles 1 - 20 of 20

Full-Text Articles in Law

Could The Pope's Call To End The Death Penalty Keep Catholics Off Juries?, Aliza Plener Cover Jan 2019

Could The Pope's Call To End The Death Penalty Keep Catholics Off Juries?, Aliza Plener Cover

Articles

No abstract provided.


The Pope And The Capital Juror, Aliza Plener Cover Dec 2018

The Pope And The Capital Juror, Aliza Plener Cover

Articles

In a significant change to Catholic Church doctrine, Pope Francis recently declared that capital punishment is impermissible under all circumstances. Counterintuitively, the Pope’s pronouncement might make capital punishment less popular but more prevalent in the United States. This Essay anticipates this possible dynamic and, in so doing, explores how “death qualification” of capital juries can insulate the administration of the death penalty when community morality evolves away from capital punishment.


Forfeiture Policy In The United States: Is There Hope For Reform, David Pimentel Jan 2018

Forfeiture Policy In The United States: Is There Hope For Reform, David Pimentel

Articles

No abstract provided.


Symposium Introduction: Terry V. Ohio At 50: The Past, Present, & Future Of Stop And Frisk, Katherine Macfarlane Jan 2018

Symposium Introduction: Terry V. Ohio At 50: The Past, Present, & Future Of Stop And Frisk, Katherine Macfarlane

Articles

No abstract provided.


Arbiters Of Decency: A Study Of Legislators' Eighth Amendment Role, Aliza Plener Cover Jan 2018

Arbiters Of Decency: A Study Of Legislators' Eighth Amendment Role, Aliza Plener Cover

Articles

Within Eighth Amendment doctrine, legislators are arbiters of contemporary values. The United States Supreme Court looks closely to state and federal death penalty legislation to determine whether a given punishment is out of keeping with “evolving standards of decency.” Those who draft, debate, and vote on death penalty laws thus participate in both ordinary and higher lawmaking. This Article investigates this dual role.

We coded and aggregated information about every floor statement made in the legislative debates preceding the recent passage of bills abolishing the death penalty in Connecticut, Illinois, and Nebraska. We categorized all statements according to their position ...


Religious Healing Exemptions And The Jurisprudential Gap Between Substantive Due Process And Free Exercise Rights, Shaakirrah R. Sanders Jan 2018

Religious Healing Exemptions And The Jurisprudential Gap Between Substantive Due Process And Free Exercise Rights, Shaakirrah R. Sanders

Articles

Religious healing parents have vexed state courts for almost a century. Religious healing is the belief that "prayer" or "spiritual means," rather than modern medicine, can cure individuals. Adults and emancipated minors have the right to refuse medical treatment. Some states go further and grant religious healing parents a statutory exemption against criminal and civil actions for child endangerment, neglect, negligence, manslaughter, and even homicide. This Article identifies these types of exemptions as an issue of religious childrearing.

Religious healing exemptions demonstrate the difficulty delineating the line between childrearing rights of parents and the state's duty to protect children ...


The New Jim Crow's Equal Protection Potential, Katherine Macfarlane Jan 2018

The New Jim Crow's Equal Protection Potential, Katherine Macfarlane

Articles

In 1954, the Supreme Court's Brown v. Board of Education opinion relied on social science research to overturn Plessy v. Ferguson's separate but equal doctrine. Since Brown, social science research has been considered by the Court in cases involving equal protection challenges to grand jury selection, death penalty sentences, and affirmative action. In 2016, Justice Sotomayor cited an influential piece of social science research, Michelle Alexander's The New Jim Crow: Mass Incarceration in the Age of Colorblindness, in her powerful Utah v. Strieff dissent. Sotomayor contended that the Court's holding overlooked the unequal racial impact of ...


Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel Jul 2017

Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel

Articles

No abstract provided.


Public Employee Speech: Answering The Unanswered And Related Questions In Lanke V. Franks, John E. Rumel Apr 2017

Public Employee Speech: Answering The Unanswered And Related Questions In Lanke V. Franks, John E. Rumel

Articles

No abstract provided.


First Amendment Right To A Remedy, Benjamin Plener Cover Jan 2017

First Amendment Right To A Remedy, Benjamin Plener Cover

Articles

Scholars and jurists agree that the First Amendment right “to petition the Government for a redress of grievances” includes a right of court access, but narrowly define this right as the right to file a lawsuit. This dominant view fails to meaningfully differentiate between the right to petition, the freedom of speech, and due process, missing the distinct significance of the Petition Clause when individuals petition courts. The most significant threats to court access today occur after the filing stage, when courts deny or limit remedies to legally injured persons — by enforcing a mandatory arbitration provision or an exhaustion requirement ...


Ag-Gag Free Detroit, Shaakirrah R. Sanders Oct 2016

Ag-Gag Free Detroit, Shaakirrah R. Sanders

Articles

No abstract provided.


The Value Of Confrontation As A Felony Sentencing Right, Shaakirrah R. Sanders Jan 2016

The Value Of Confrontation As A Felony Sentencing Right, Shaakirrah R. Sanders

Articles

No abstract provided.


Deconstructing Juryless Fact-Finding In Civil Cases, Shaakirrah R. Sanders Jan 2016

Deconstructing Juryless Fact-Finding In Civil Cases, Shaakirrah R. Sanders

Articles

In many states, legislatures have mandated juryless fact-finding in common law– based civil cases by imposing compensatory damage caps that effectively lessen the jury’s traditional and historic role as injury valuator. The primary purpose of most caps was to reign in “excessive” civil jury verdicts, which allegedly caused “skyrocketing” medical malpractice insurance premiums and litigation costs. But no legislatively imposed cap is triggered by a preliminary finding of excessiveness. Trial judges have no authority to determine whether application of a cap is just or fair to the (often) severely injured plaintiff. Despite a shared interpretive methodology with regards to ...


Eighth Amendment's Lost Jurors: Death Qualification And Evolving Standards Of Decency, Aliza Plener Cover Jan 2016

Eighth Amendment's Lost Jurors: Death Qualification And Evolving Standards Of Decency, Aliza Plener Cover

Articles

The Supreme Court’s inquiry into the constitutionality of the death penalty has overlooked a critical “objective indicator” of society’s “evolving standards of decency”: the rate at which citizens are excluded from capital jury service under Witherspoon v. Illinois due to their conscientious objections to the death penalty. While the Supreme Court considers the prevalence of death verdicts as a gauge of the nation’s moral climate, it has ignored how the process of death qualification shapes those verdicts. This blind spot biases the Court’s estimation of community norms and distorts its Eighth Amendment analysis.

This Article presents ...


Community Rights And The Municipal Police Power, Stephen R. Miller Jan 2015

Community Rights And The Municipal Police Power, Stephen R. Miller

Articles

No abstract provided.


The Impact Of Obergefell: Tradition Marriage's New Lease On Life, David Pimentel Jan 2015

The Impact Of Obergefell: Tradition Marriage's New Lease On Life, David Pimentel

Articles

The Supreme Court's decision in Obergefell v. Hodges in June 2015 provided a dramatic turn in America's ongoing debate over same-sex marriage. Justice Kennedy's opinion speaks in emotionally evocative terms about the compelling societal and personal significance of marriage, holding that the right to marry is a fundamental right under the Fourteenth Amendment, a right that extends to same-sex couples. Justice Kennedy's rhetoric about the importance of marriage is noteworthy, even curious, given marriage's steady decline over the past 50 years. Just when it seemed that marriage was losing its significance in our society-because marriages ...


Archetypes Of Faith: How Americans See, And Believe In, Their Constitution, Aliza Plener Cover Jan 2015

Archetypes Of Faith: How Americans See, And Believe In, Their Constitution, Aliza Plener Cover

Articles

In this Article, I offer a new framework to illuminate how American faith in the Constitution is sustained over time. I build upon the evocative Passover story of the Four Sons—one of whom is wise, one wicked, one simple, and one who does not know how to ask—and argue that these archetypes resonate deeply in the constitutional context. I identify the “wise sons” of the American constitutional community—the legal elites who maintain the vitality of the constitutional faith through a fastidious, intergenerational, yet somewhat detached analysis of the intricacies of law; the “simple sons”—the People writ ...


Preserving The Foundation Of Liberty, Elizabeth Brandt Jan 2005

Preserving The Foundation Of Liberty, Elizabeth Brandt

Articles

No abstract provided.


Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt Jan 1993

Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt

Articles

No abstract provided.


Myth Of The Classic Property Clause Doctrine, Dale D. Goble Jan 1986

Myth Of The Classic Property Clause Doctrine, Dale D. Goble

Articles

No abstract provided.