Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Originalism (2)
- Aggregate harmony metric (1)
- Breyer (1)
- Candor (1)
- Citation (1)
-
- Comparative (1)
- Comparativism (1)
- Conservatives (1)
- Constitutional interpretation (1)
- Constitutional law (1)
- Constitutional theory (1)
- Constitutionalism (1)
- Dialogic (1)
- Dialogue (1)
- Domestice surveillance (1)
- Due Process Clause (1)
- Due process rights (1)
- Establishment Clause (1)
- Exceptionalism (1)
- Federal courts (1)
- First Amendment (1)
- Foreign (1)
- Foreign law (1)
- Foreign litigants (1)
- Foreign nationals (1)
- George W. Bush administration (1)
- Government ethics (1)
- Grutter (1)
- International law (1)
- Interrogation (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
Storm In A Teacup: The U.S. Supreme Court’S Use Of Foreign Law, Austen L. Parrish
Storm In A Teacup: The U.S. Supreme Court’S Use Of Foreign Law, Austen L. Parrish
Articles by Maurer Faculty
In this Article, Professor Parrish explores the legitimacy of the U.S. Supreme Court's use of foreign law in constitutional adjudication. In recent years, the U.S. Supreme Court has used foreign law as persuasive authority in a number of highly contentious cases. The backlash has been spirited, with calls for foreign law to be categorically barred from constitutional adjudication, and even for Justices to be impeached if they cite to foreign sources. Last year, the condemnation of comparative constitutionalism reached a high note, as a barrage of scholarship decried the practice as illegitimate and a threat to our national sovereignty. The …
The Establishment Clause And Religious Expression In Governmental Settings: Four Variables In Search Of A Standard, Daniel O. Conkle
The Establishment Clause And Religious Expression In Governmental Settings: Four Variables In Search Of A Standard, Daniel O. Conkle
Articles by Maurer Faculty
In his controversial but controlling opinion in Van Orden v. Perry, Justice Breyer rejected an Establishment Clause challenge to a Ten Commandments monument on the grounds of the Texas State Capital. Breyer argued that existing Establishment Clause formulations, including the Lemon and endorsement tests, were inadequate to resolve the case, so he relied instead on legal judgment, an approach informed by doctrinal and policy considerations but not controlled by any formal test. In this Essay, I suggest that Justice Breyer may have been right in Van Orden-if not in his result, then at least in approaching the question as he …
Challenging The Assumption Of Equality: The Due Process Rights Of Foreign Litigants In U.S. Courts (Panel), Austen L. Parrish, Paul R. Dubinsky
Challenging The Assumption Of Equality: The Due Process Rights Of Foreign Litigants In U.S. Courts (Panel), Austen L. Parrish, Paul R. Dubinsky
Articles by Maurer Faculty
No abstract provided.
The Politics Of Preclearance, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
The Politics Of Preclearance, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Articles by Maurer Faculty
This Essay examines recent charges of political motivation against the Department of Justice and its enforcement of the Voting Rights Act. These accusations appear well-deserved, on the strength of the Department’s recent handling of the Texas redistricting submission and Georgia’s voting identification requirement. This Essay reaches two conclusions. First, it is clear that Congress wished to secure its understanding of the Act into the future through its preclearances requirement. Many critics of the voting rights bill worried about the degree of discretion that the legislation accorded the Attorney General. Supporters worried as well, for this degree of discretion might lead …
Are Senior Judges Unconstitutional?, Ryan W. Scott, David R. Stras
Are Senior Judges Unconstitutional?, Ryan W. Scott, David R. Stras
Articles by Maurer Faculty
With burgeoning caseloads and persistent vacancies in many federal courts, senior judges play a vital role in the continued well-being of our federal judiciary. Despite the importance of their participation in the judicial process, however, senior judges raise a host of constitutional concerns that have escaped the notice of scholars and courts. Many of the problems originate with recent changes to the statute authorizing federal judges to elect senior status, including a 1989 law that permits senior judges to fulfill their statutory responsibilities by performing entirely nonjudicial work. Others arise from the ambiguity of the statutory scheme itself, which seems …
The Progressive Political Power Of Balkin's "Original Meaning", Dawn E. Johnsen
The Progressive Political Power Of Balkin's "Original Meaning", Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
The Aggregate Harmony Metric And A Statistical And Visual Contextualization Of The Rehnquist Court: 50 Years Of Data, Peter A. Hook
The Aggregate Harmony Metric And A Statistical And Visual Contextualization Of The Rehnquist Court: 50 Years Of Data, Peter A. Hook
Articles by Maurer Faculty
This article contains aggregated data from fifty years of the annual matrixes of justice inter-agreement for particular Supreme Court terms published by the Harvard Law Review (1956 to 2005 terms). Aggregating how often any two justices sided together on cases for a particular term relative to the amount of cases the two justices heard together allows one to derive a measure of the particular term that reflects the relative amount of agreement or disagreement for the term. This new metric, called the Aggregate Harmony Metric, allows for comparative benchmarks. For instance, the 2005 term, with an aggregate agreement of 70%, …
Domestic Surveillance And The Decline Of Legal Oversight, Fred H. Cate
Domestic Surveillance And The Decline Of Legal Oversight, Fred H. Cate
Articles by Maurer Faculty
JURIST Guest Columnist Fred Cate of Indiana University School of Law Bloomington says that a series of dramatic moves over the past five years - most recently the passage of the Protect America Act - has weakened statutory and judicial oversight of domestic surveillance to the point that one wonders whether, by the time the Bush Administration and Congress are finished, there is going to be any legal oversight of domestic surveillance at all.
Lessons From The Right: Progressive Constitutionalism For The Twenty-First Century, Dawn E. Johnsen
Lessons From The Right: Progressive Constitutionalism For The Twenty-First Century, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Faithfully Executing The Laws: Internal Legal Constraints On Executive Power, Dawn E. Johnsen
Faithfully Executing The Laws: Internal Legal Constraints On Executive Power, Dawn E. Johnsen
Articles by Maurer Faculty
Since September 11, 2001 the Bush Administration has engaged in a host of controversial counterterrorism actions that threaten civil liberties and even the physical safety of those targeted: enemy combatant designations, extreme interrogation techniques, extraordinary renditions, secret overseas prisons, and warrantless domestic surveillance. To justify otherwise-unlawful policies, President Bush and his lawyers have espoused an extreme view of expansive presidential power during times of war and national emergency. Debate has raged about the details of desirable external checks on presidential excesses, with emphasis appropriately on the U.S. Congress and the courts. Yet an essential internal source of constraint is often …