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2015

Constitutional law

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Institution
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Articles 1 - 30 of 215

Full-Text Articles in Law

Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey Dec 2015

Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey

Nevada Supreme Court Summaries

The Court, sitting en banc, determined that by failing to answer questions from the jury that suggested confusion on a significant element of the law, failing to give an accomplice-distrust instruction, and by not bifurcating the guilt phase from the gang enhancement phase the district court violated the defendant’s right to a fair trial.


Scott V. First Jud. Dist. Ct., 131 Nev. Adv. Op. 101 (Dec. 31, 2015), Adrian Viesca Dec 2015

Scott V. First Jud. Dist. Ct., 131 Nev. Adv. Op. 101 (Dec. 31, 2015), Adrian Viesca

Nevada Supreme Court Summaries

The Court determined that Carson City Municipal Code (“CCMC”) 8.04.050(1) is (1) unconstitutionally overbroad because it “is not narrowly tailored to prohibit only disorderly conduct or fighting words” and (2) vague because it lacked sufficient guidelines and gave the police too much discretion in its enforcement.


Echoes From The Segregationist Past At Oral Argument, Mary Ellen Maatman Dec 2015

Echoes From The Segregationist Past At Oral Argument, Mary Ellen Maatman

Mary Ellen Maatman

Discussion of Supreme Court case Fisher v. University of Texas


The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush Dec 2015

The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush

Sharon E. Rush

Some books included in the canon of American literature no longer belong there, because they presently lack normative approval. Adapting concepts found in constitutional law, an anticanon of American literature functions the way the anticanon of constitutional law would operate and explicitly removes books from the canon. In law, the anticanon identifies outdated interpretations of the constitution. In education, it is time to consider removing from the canon and placing in an anticanon books that are inconsistent with multicultural education. One such book is Mark Twain's Huckleberry Finn, which is part of the canon of American literature and viewed ...


The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush Dec 2015

The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush

Sharon E. Rush

Some books included in the canon of American literature no longer belong there, because they presently lack normative approval. Adapting concepts found in constitutional law, an anticanon of American literature functions the way the anticanon of constitutional law would operate and explicitly removes books from the canon. In law, the anticanon identifies outdated interpretations of the constitution. In education, it is time to consider removing from the canon and placing in an anticanon books that are inconsistent with multicultural education. One such book is Mark Twain's Huckleberry Finn, which is part of the canon of American literature and viewed ...


The Second Amendment Is Not Absolute, Sonja R. West Dec 2015

The Second Amendment Is Not Absolute, Sonja R. West

Popular Media

This article written at Slate.com on December 7, 2015 explains that like many other constitutional rights, the right to possess firearms in the 2nd Amendment, may be regulated by Congress.


Not All Black And White, Alan E. Garfield Dec 2015

Not All Black And White, Alan E. Garfield

Alan E Garfield

No abstract provided.


The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt Dec 2015

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Mark P Nevitt

Climate change is the world’s greatest environmental threat. And it is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have certain constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are unclear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are ...


Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho Dec 2015

Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho

West Virginia Law Review

No abstract provided.


Conflicts Originalism: The "Original Content" Of The Full Faith And Credit Clause And The Compulsory Choice Of Marriage Law, J. Sephen Clark Dec 2015

Conflicts Originalism: The "Original Content" Of The Full Faith And Credit Clause And The Compulsory Choice Of Marriage Law, J. Sephen Clark

West Virginia Law Review

No abstract provided.


We Built This City: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee Dec 2015

We Built This City: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee

Research Collection School Of Law

This article considers the extent to which the legal framework for making land use decisions in Singapore allows for public participation. It examines the issue from two angles: the creation and preservation of the built environment, and the transient use of public space. The first angle is discussed primarily from a heritage law viewpoint, focusing on planning law, compulsory acquisition law, and the legal regime for creating national monuments. As for the second angle, the article looks at how the use of common spaces for assemblies and processions is regulated. The foregoing are examined in the context of Edward Soja ...


A Critical Assessment Of The Role Of The Venice Commission In Processes Of Domestic Constitutional Reform, Maartje De Visser Dec 2015

A Critical Assessment Of The Role Of The Venice Commission In Processes Of Domestic Constitutional Reform, Maartje De Visser

Research Collection School Of Law

On January 26, 2014, an overwhelming majority of the National Constituent Assembly of Tunisia approved the country's new constitution. Drafted in the aftermath of the Tunisian revolution, the constitution received considerable international critical acclaim, regarding the manner in which the text had been drafted and adopted as well as its content, notably the entrenchment of a host of fundamental rights and liberties. Comparisons have inevitably been drawn with Egypt's new constitution and those of other Arab nations, with the Tunisian text hailed as one of the most progressive in the region, providing the foundations for a modern and ...


Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen Nov 2015

Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen

Mark P. Gergen

Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing. Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.” Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without ...


The Dtsa: The Litigator's Full-Employment Act, Sharon K. Sandeen Nov 2015

The Dtsa: The Litigator's Full-Employment Act, Sharon K. Sandeen

Washington and Lee Law Review Online

Civil litigation is expensive, both for the party bringing suit and the party that must defend against such claims. For a variety of reasons, not the least of which are the usual requests for preliminary relief and protective orders, trade secret litigation is particularly expensive. These costs can have a crippling effect on small businesses and start-up companies that are accused of trade secret misappropriation, often resulting in litigation expenses that exceed the alleged harm to the plaintiff. Such litigation is particularly costly and unjust in cases where the plaintiff asserts rights that, due to common misunderstandings about the limited ...


Trending @ Rwu Law: Mikela Almeida's Post: Esther Clark Competition Held In R. I. Supreme Court, Mikela Almeida Nov 2015

Trending @ Rwu Law: Mikela Almeida's Post: Esther Clark Competition Held In R. I. Supreme Court, Mikela Almeida

Law School Blogs

No abstract provided.


The Worms And The Octopus: Religious Freedom, Pluralism, And Conservatism, Richard Garnett Nov 2015

The Worms And The Octopus: Religious Freedom, Pluralism, And Conservatism, Richard Garnett

Richard W Garnett

formidable challenge for an academic lawyer hoping to productively engage and intelligently assess “American Conservative Thought and Politics” is answering the question, “what, exactly, are we talking about?” The question is difficult, the subject is elusive. “American conservatism” has always been protean, liquid, and variegated – more a loosely connected or casually congregating group of conservatisms than a cohesive and coherent worldview or program. There has always been a variety of conservatives and conservatisms – a great many shifting combinations of nationalism and localism, piety and rationalism, energetic entrepreneurism and romanticization of the rural, skepticism and crusading idealism, elitism and populism – in ...


Too Much Collateral Damage; Fatca: The Well-Intentioned, Yet Misguided And Unconstitutional, Tax Law, Zac Delap Nov 2015

Too Much Collateral Damage; Fatca: The Well-Intentioned, Yet Misguided And Unconstitutional, Tax Law, Zac Delap

Journal of the National Association of Administrative Law Judiciary

This paper will examine FATCA in five parts: beginning with an introduction in Part I, Part II will provide the pertinent background that gave rise to the law, Part III will present the essential elements of FATCA, Part IV will offer pertinent liberty and constitutional arguments against FATCA, and Part V will analyze each argument's possibility of succeeding.


The Impact Of “Standing” Is Anything But Boring, Alan E. Garfield Nov 2015

The Impact Of “Standing” Is Anything But Boring, Alan E. Garfield

Alan E Garfield

No abstract provided.


A Benign Prior Restraint Rule For Public School Classroom Speech, Scott R. Bauries Nov 2015

A Benign Prior Restraint Rule For Public School Classroom Speech, Scott R. Bauries

Law Faculty Scholarly Articles

This Article is a contribution to a symposium on schools and free speech. It advances the claim that the First Amendment doctrines that apply to the classroom should adopt a benign prior restraint rule. In the case of teacher classroom speech, the Garcetti rule should apply where the government’s action in interfering with the speech constitutes a prior restraint—the First Amendment should not reach such interference. In cases where a teacher first speaks and then is later punished for that speech, however, basic notions of due process and the dangers of arbitrary governmental decision making are far more ...


From The Editors: Ferguson And Its Impact On Legal Education Symposium, Marc Spindelman, Thomas D. Cobb, Kellye Testy, Kate O'Neill Nov 2015

From The Editors: Ferguson And Its Impact On Legal Education Symposium, Marc Spindelman, Thomas D. Cobb, Kellye Testy, Kate O'Neill

Journal of Legal Education

No abstract provided.


The Fire This Time: Black Lives Matter, Abolitionist Pedagogy And The Law, Charles R. Lawrence Iii Nov 2015

The Fire This Time: Black Lives Matter, Abolitionist Pedagogy And The Law, Charles R. Lawrence Iii

Journal of Legal Education

No abstract provided.


Reverse Broken Windows, Christopher R. Green Nov 2015

Reverse Broken Windows, Christopher R. Green

Journal of Legal Education

No abstract provided.


Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey Nov 2015

Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey

Journal of Legal Education

No abstract provided.


Moral Shock And Legal Education, Susan A. Bandes Nov 2015

Moral Shock And Legal Education, Susan A. Bandes

Journal of Legal Education

No abstract provided.


Police Violence And Ferguson: (En)Racing Criminal Procedure, Jeannine Bell Nov 2015

Police Violence And Ferguson: (En)Racing Criminal Procedure, Jeannine Bell

Journal of Legal Education

No abstract provided.


Teaching "Ferguson", Chad Flanders Nov 2015

Teaching "Ferguson", Chad Flanders

Journal of Legal Education

No abstract provided.


Law's Exposure: The Movement And The Legal Academy, Amna A. Akbar Nov 2015

Law's Exposure: The Movement And The Legal Academy, Amna A. Akbar

Journal of Legal Education

No abstract provided.


Legal Education And The Legitimation Of Racial Power, Gary Peller Nov 2015

Legal Education And The Legitimation Of Racial Power, Gary Peller

Journal of Legal Education

No abstract provided.


A Reader's Guide To Pre-Modern Procedure, David L. Noll Nov 2015

A Reader's Guide To Pre-Modern Procedure, David L. Noll

Journal of Legal Education

No abstract provided.


Book Review Of "The Once And Future King: The Rise Of Crown Government In America" By F.H. Buckley, Ronald Rotunda Nov 2015

Book Review Of "The Once And Future King: The Rise Of Crown Government In America" By F.H. Buckley, Ronald Rotunda

Journal of Legal Education

No abstract provided.