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Articles 1 - 6 of 6
Full-Text Articles in Law
Can't Do The Time, Don't Do The Crime?: Dixon V. State, Statutory Construction, And The Harsh Realities Of Mandatory Minimum Sentencing In Georgia, Suzanne Smith Williams
Can't Do The Time, Don't Do The Crime?: Dixon V. State, Statutory Construction, And The Harsh Realities Of Mandatory Minimum Sentencing In Georgia, Suzanne Smith Williams
Georgia State University Law Review
No abstract provided.
Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering
Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering
Indiana Law Journal
No abstract provided.
Discriminatory Filtering: Cipa's Effect On Our Nation's Youth And Why The Supreme Court Erred In Upholding The Constitutionality Of The Children's Internet Protection Act, Katherine A. Miltner
Discriminatory Filtering: Cipa's Effect On Our Nation's Youth And Why The Supreme Court Erred In Upholding The Constitutionality Of The Children's Internet Protection Act, Katherine A. Miltner
Federal Communications Law Journal
Congress introduced the Children's Internet Protection Act ("CIPA") in order to filter obscene and indecent material in response to a perceived threat to members of the public, specifically minors, who are exposed to pornographic material on the Internet. The provisions of CIPA have provoked tension between two competing interests: protecting minors from cyberpornography, and safeguarding First Amendment rights. This Note argues that the Supreme Court erred by upholding the constitutionality of CIPA. As a result of the Supreme Court's decision, the nation's youth will have restricted access to constitutionally protected information. The Court improperly relied on a provision of the …
Congressional Enforcement Of Affirmative Democracy Through Section 2 Of The Voting Rights Act, Michael J. Pitts
Congressional Enforcement Of Affirmative Democracy Through Section 2 Of The Voting Rights Act, Michael J. Pitts
Northern Illinois University Law Review
One might instinctively think, as suggested by several commentators, that section 2 of the Voting Rights Act, a race-based remedy imposed by Congress on state and local governments, has a good chance of being declared unconstitutional by the Supreme Court. This is because, in recent years, the Court has shown a general hostility to race-based remedies and to laws that impose federal requirements on state and local governments. The author, however, identifies three core values to demonstrate that section 2 remains clearly constitutional even in light of these trends. The first is that racial discrimination in voting is a context …
Punishing Tobacco Industry Misconduct: The Case For Exceeding A Single Digit Ratio Between Punitive And Compensatory Damages, Sara D. Guardino, Richard A. Daynard
Punishing Tobacco Industry Misconduct: The Case For Exceeding A Single Digit Ratio Between Punitive And Compensatory Damages, Sara D. Guardino, Richard A. Daynard
ExpressO
This article addresses large punitive damages awards that juries have granted to plaintiffs in recent cases against the tobacco industry, and demonstrates why such high awards are a warranted and necessary incentive for the companies to change their dangerous course of conduct.
In State Farm v. Campbell, the United States Supreme Court announced that “few awards exceeding a single-digit ratio between punitive and compensatory damages” will be constitutional. In a subsequent smoking and health case brought against Philip Morris, however, a state appeals court allowed a punitive damages award that was almost 97 times the compensatory damages award. This decision …
Defining The Constitutional Question In Partisan Gerrymandering, Richard Briffault
Defining The Constitutional Question In Partisan Gerrymandering, Richard Briffault
Faculty Scholarship
Vieth v. Jubelirer is a significant setback to efforts to challenge partisan gerrymandering in court. Four members of the Supreme Court repudiated Davis v. Bandemer and concluded that partisan gerrymanders present a nonjusticiable question, while the fifth, Justice Kennedy, determined that the Court ought to "refrain from intervention" at this time, although he left open the hope that gerrymandering might become justiciable if the right standard of proving a gerrymander is ever found. Yet, strikingly, all nine members of the Supreme Court agreed that, justiciable or not, partisan gerrymanders do raise a constitutional question and some partisan gerrymanders are unconstitutional. …