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Articles 1 - 7 of 7
Full-Text Articles in Law
Cbm Development On The Southern Ute Reservation, Bob Zahradnik
Cbm Development On The Southern Ute Reservation, Bob Zahradnik
Coalbed Methane Development in the Intermountain West (April 4-5)
6 pages (includes color illustrations and maps).
'Rogue States' Within American Borders: Remedying State Noncompliance With The International Covenant On Civil And Political Rights, Margaret S. Thomas
'Rogue States' Within American Borders: Remedying State Noncompliance With The International Covenant On Civil And Political Rights, Margaret S. Thomas
Journal Articles
Nearly a decade after the United States ratified the International Covenant on Civil and Political Rights, the treaty's implementation is incomplete. A complex maze of reservations, understandings, and declarations has hindered domestic implementation, as has Congress 's failure to pass national implementing legislation. Almost every state in the Union has laws that violate the Covenant. For example, the treaty requires that in criminal matters, juveniles must be tried in a manner that takes account of their age. Nevertheless, California and many other states frequently treat minors as adults in such matters. Because the Senate declared the treaty to be non-self-executing, …
Reasonable Expectations And The Erosion Of Privacy, Shaun Spencer
Reasonable Expectations And The Erosion Of Privacy, Shaun Spencer
Faculty Publications
This Article examines how the prevailing legal conception of privacy facilitates the erosion of privacy. The law generally measures privacy by reference to society’s reasonable expectation of privacy. If we think of the universe of legally private matters as a sphere, the sphere will contract (or least in theory) expand in accordance with changing social expectations. This expectations-driven conception of privacy in effect establishes a privacy marketplace, analogous in both a literal and metaphorical sense to a marketplace of ideas. In this marketplace, societal expectations of privacy fluctuate in response to changing social practices. For this reason, privacy is susceptible …
Does Federalism Advance Liberty?, Erwin Chemerinsky
Does Federalism Advance Liberty?, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Consequences Of Enlisting Federal Grand Juries In The War On Terrorism: Assessing The Usa Patriot Act’S Changes To Grand Jury Secrecy, Sara Sun Beale, James E. Felman
The Consequences Of Enlisting Federal Grand Juries In The War On Terrorism: Assessing The Usa Patriot Act’S Changes To Grand Jury Secrecy, Sara Sun Beale, James E. Felman
Faculty Scholarship
No abstract provided.
World War Ii Compensation And Foreign Relations Federalism, Curtis A. Bradley
World War Ii Compensation And Foreign Relations Federalism, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Federalism, Law Enforcement, And The Supremacy Clause: The Strange Case Of Ruby Ridge, Seth P. Waxman
Federalism, Law Enforcement, And The Supremacy Clause: The Strange Case Of Ruby Ridge, Seth P. Waxman
Georgetown Law Faculty Publications and Other Works
There is no "federalism clause" in the Constitution, and the case law ranges over a number of different provisions - the Commerce and General Welfare Clauses, and the Eleventh and Fourteenth Amendments, for example. But the two provisions that most directly implicate the doctrine are the Supremacy Clause and the Tenth Amendment. The former states that "[t]his Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land ....”, The latter provides that "[t]he powers not delegated to the United States by the Constitution, nor prohibited by …