Law Commons^™

Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Scotus's 2016-17 Term: The Calm Before The Storm?, John M. Greabe

Law Faculty Scholarship

[Excerpt] “The court's just-completed 2016-17 term contained no . . . blockbusters. Its highest profile ruling was an unsigned opinion that modified preliminary injunctions issued by lower courts to prevent President Donald Trump's "travel ban" orders from going into immediate effect.

But that ruling did not decide whether the president's orders are in fact unconstitutional. Instead, the court put that important question off until the fall, by which time further factual developments -for example, the executive branch completing its review and deciding to lift or modify the bans -may well render the issue moot.”

Implementing The Refugee Eo: Add Grandparents, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Race, Partisan Gerrymandering And The Constitution, John M. Greabe

Law Faculty Scholarship

[Excerpt] “For the most part, the Constitution speaks in generalities. The 14th Amendment, for example, instructs the states to provide all persons the "equal protection of the laws." But obviously, this cannot mean that states are always forbidden from treating a person differently than any other person. Children can, of course, be constitutionally barred from driving, notwithstanding the Equal Protection Clause. Thus, there is a need within our constitutional system to refine the Constitution's abstract provisions.”

Textualism And Originalism In Constitutional Interpretation, John M. Greabe

Law Faculty Scholarship

[Excerpt] "In a 2016 lecture at the Case Western Reserve University School of Law, Judge Neil Gorsuch warmly praised former Supreme Court Justice Antonin Scalia's approach to constitutional interpretation. Because President Trump has nominated him to serve on the Supreme Court, it is important to understand the approach Judge Gorsuch favors."

Judge Gorsuch On Empathy And Institutional Design, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Emerging Constitutional Conflicts And The Role Of Courts, John M. Greabe

Law Faculty Scholarship

[Excerpt] "When a court exercises judicial review, it tells Congress, the executive branch or a state to refrain from action that is under way or to take some action that is not being taken. Either way, a democratically accountable institution is told that it cannot do what the people (presumably) want it to do, or that it must do what the people (presumably) do not want it to do."

Directv, Inc. V. Imburgia And The Continued Ascendance Of Federal Common Law: Class-Action Waivers And Mandatory Arbitration Under The Federal Arbitration Act, Michael Yelnosky

Law Faculty Scholarship

No abstract provided.

Franchise Tax Board Of California V. Hyatt: A Split Court, Full Faith And Credit, And Federal Common Law, Jonathan M. Gutoff

Law Faculty Scholarship

No abstract provided.

Justice Scalia's Labor Jurisprudence- Justice Denied, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Illegal Stops And The Exclusionary Rule: The Consequences Of Utah V. Strieff, Emily Sack

Law Faculty Scholarship

No abstract provided.

Difficult Questions For The Senate Minority, John M. Greabe

Law Faculty Scholarship

This column is the first in a biweekly Constitutional Connections series that will examine the constitutional implications of various topics in the news. The author, John Greabe, teaches constitutional law and related subject at the University of New Hampshire School of Law. He also serves on the board of trustees of the New Hampshire Institute for Civics Education.

My Turn: 'We The People' And The Garland Nomination, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Because I teach constitutional law, a friend recently asked me whether Judge Merrick Garland or President Obama might successfully sue to compel the Senate to take action on the nomination of Judge Garland to fill the vacancy on the United States Supreme Court.

Almost certainly not, I told him. Under settled precedent, a judge would dismiss such a case as raising a non-legal ''political" question. It would be very difficult to develop acceptable decisional standards for such a claim. Moreover, courts are reluctant to entertain lawsuits challenging mechanisms that the Senate uses to oversee the judiciary."

Executive Power And The Scotus Argument On President Obama’S Immigration Plan, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Religious Discrimination Based On Employer Misperception, Dallan F. Flake

Law Faculty Scholarship

This Article addresses the circuit split over whether Title VII prohibits discrimination based on an employer's misperception of an employee's religion. This is an especially critical issue because misperception-based religious discrimination is likely to increase as the United States continues to experience unprecedented religious diversification. Some courts read Title VII narrowly to preclude such claims, reasoning that the statutory text only prohibits discrimination based on an individual's actual religion. Other courts interpret the statute more expansively in concluding such claims are cognizable because the employer's intent is equally malicious in misperception and conventional discrimination cases. I argue that the statutory …

Harris V. Quinn: What We Talk About When We Talk About Right-To-Work Laws, Michael J. Yelnosky

Law Faculty Scholarship

No abstract provided.

Dynamic Surveillance: Evolving Procedures In Metadata And Foreign Content Collection After Snowden, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Al Bahlul Argument: Article Iii, Conspiracy, And Precepts Of International Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Judge Pauley’S Opinion In Clapper: Reset Button For Bulk Collection Debate?, Peter Margulies

Law Faculty Scholarship

This article was originally found in Lawfare, available here: https://www.lawfareblog.com/judge-pauleys-opinion-clapper-reset-button-bulk-collection-debate

Immigration Consequences To A Charge Of Simple Assault Or Battery, Deborah Gonzalez

Law Faculty Scholarship

No abstract provided.

Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Did Congress Authorize The Nlrb To Decide Cases With Only Two Sitting Board Members, Where The Nlra’S Statutory Language Provides For A Three-Member Board Quorum?, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Equitable Balancing In The Age Of Statutes, Jared Goldstein

Law Faculty Scholarship

No abstract provided.

Heller And Insurrectionism, Carl Bogus

Law Faculty Scholarship

No abstract provided.

The Military Commissions Act, Coerced Confessions, And The Role Of The Courts, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Democratic Prosecutor: Explaining The Constitutional Function Of The Federal Grand Jury, Niki Kuckes

Law Faculty Scholarship

No abstract provided.

Money As A "Specific" Remedy, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.