Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 7 of 7
Full-Text Articles in Law
The New Deference-Based Approach To Adjudicating Political Questions In Corporate Ats Cases: Potential Pitfalls And Workable Fixes, Seth Korman
Richmond Journal of Global Law & Business
Much has been made of executive-branch attempts to exert control over cases brought against corporations under the Alien Tort Stat- ute. Under the Bush Administration, the executive branch repeatedly sought to influence district court opinions through targeted letters to the court or statements of interest. These letters, frequently written by the State Department legal advisor, sought to convince courts that adjudication of claims against corporate defendants would have an ad- verse effect on U.S. foreign policy, thus triggering the political question doctrine and forcing the courts to rule the claims nonjusticiable. Though some courts have, in fact, deferred entirely to …
Simplifying The Prophecy Of Justiciability In Cases Concerning Foreign Affairs: A Political Act Of State Question, Deborah Azar
Simplifying The Prophecy Of Justiciability In Cases Concerning Foreign Affairs: A Political Act Of State Question, Deborah Azar
Richmond Journal of Global Law & Business
Justiciability doctrines in the foreign affairs arena have been described as involving large elements of prophecy. First, this article will examine the justifications and application of the political question doctrine in cases involving foreign affairs. Second, this article will discuss the justifications and application of the act of state and political question doctrines. Third, this article will analyze whether the act of state doctrine can be encompassed within the political question doctrine. Fourth, this article will propose a framework that can be applied in cases involving political questions in foreign affairs.
Redistricting In A Post-Shaw Era: A Small Treatise Accompanied By Districting Guidelines For Legislators, Litigants, And Courts, Katharine Inglis Butler
Redistricting In A Post-Shaw Era: A Small Treatise Accompanied By Districting Guidelines For Legislators, Litigants, And Courts, Katharine Inglis Butler
University of Richmond Law Review
Legislators in jurisdictions with even modest minority populations will find adopting a challenge-resistant redistricting plan to be more difficult than ever before. The problem is how much consideration to give to race. Too little consideration may produce a plan subject to challenge under the Voting Rights Act (the "Act"). Too much consideration may produce a plan subject to challenge on constitutional grounds.
Constitutional And Statutory Challenges To Local At-Large Elections, Timothy G. O'Rourke
Constitutional And Statutory Challenges To Local At-Large Elections, Timothy G. O'Rourke
University of Richmond Law Review
On April 22, 1980, in City of Mobile v. Bolden the United States Supreme Court upheld the constitutionality of at-large elections for the three-member city commission in Mobile, Alabama. In so doing, the Court reversed the judgment of the Fifth Circuit Court of Appeals that Mobile's at-large plan impermissibly diluted the electoral influence of black voters in violation of the fourteenth and fifteenth amendments to the Constitution. The Supreme Court's decision in Bolden [I] emerged from a sharply divided court. A six-person majority in the case consisted of four justices-Stewart, Burger, Powell, and Rehnquist-who joined in a plurality opinion; Justice …
Right To Privacy- Direct Injury Must Be Shown Before A Court May Grant Relief From General Governmental Surveillance
University of Richmond Law Review
The right of privacy is an aggregate of many separate rights, each of which is guaranteed in the Bill of Rights. Although the right of privacy was not recognized per se at common law, today it is acknowledged by a majority of jurisdictions as a separate actionable legal right.
Administration Of Municipal Services In Light Of The Equal Protection Clause
Administration Of Municipal Services In Light Of The Equal Protection Clause
University of Richmond Law Review
Disparities in the quality of human existence have been present throughout civilized societies whenever men have assembled, forming urban communities. The larger and more established these communities have become, the more pronounced have become the social disparities which separate their citizenry. Much of this social division is attributable to the age-old economic differences between the "haves" and the "have nots" differences accentuated by the complexities of modern urban life. However, with the modernization and increase of all varieties of municipal services, it has become clear that those "on the other side of the tracks" often do not enjoy the same …
One Man-One Vote In The Selection Of Presidential Nominating Delegates By State Party Conventions
One Man-One Vote In The Selection Of Presidential Nominating Delegates By State Party Conventions
University of Richmond Law Review
If any conclusion can safely be drawn from the presidential nominating conventions of 1968, it is that the success of potential third party movements looms as a substantial threat to the traditional two party system in the United States. To a large degree, this fact may be attributed to the lack of balanced voter participation inherent in the nominating processes now employed by the two major parties. This lack of participation has engendered a sense of futility in the minds of the individual party members, causing them to limit their support for the slate of candidates their party ultimately chooses.