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Articles 1 - 30 of 41
Full-Text Articles in Law
Enforcement Of The Reconstruction Amendments, Alexander Tsesis
Enforcement Of The Reconstruction Amendments, Alexander Tsesis
Faculty Publications & Other Works
This Article systematically analyzes the delicate balance of congressional and judicial authority granted by the Reconstruction Amendments. The Thirteenth, Fourteenth, and Fifteenth Amendments vest Congress with powers to enforce civil rights, equal treatment, and civic participation. Their reach extends significantly beyond the Rehnquist and Roberts Courts’ narrow construction of congressional authority. In recent years, the Court has struck down laws that helped secure voter rights, protect religious liberties, and punish age or disability discrimination. Those holdings encroach on the amendments’ allocated powers of enforcement.
Textual, structural, historical, and normative analyses provide profound insights into the appropriate roles of the Supreme …
Enforcement Of The Reconstruction Amendments, Alexander Tsesis
Enforcement Of The Reconstruction Amendments, Alexander Tsesis
Faculty Publications & Other Works
This Article systematically analyzes the delicate balance of congressional and judicial authority granted by the Reconstruction Amendments. The Thirteenth, Fourteenth, and Fifteenth Amendments vest Congress with powers to enforce civil rights, equal treatment, and civic participation. Their reach extends significantly beyond the Rehnquist and Roberts Courts’ narrow construction of congressional authority. In recent years, the Court has struck down laws that helped secure voter rights, protect religious liberties, and punish age or disability discrimination. Those holdings encroach on the amendments’ allocated powers of enforcement.
Textual, structural, historical, and normative analyses provide profound insights into the appropriate roles of the Supreme …
Sanctuary Cities? Asylum? Dreamers? When A House Is Not A Home: The Legal And Socioeconomic Implications Of National Populism On Local Governance And Individual Liberties, Rawle Andrews Jr., Sanchita Bose
Sanctuary Cities? Asylum? Dreamers? When A House Is Not A Home: The Legal And Socioeconomic Implications Of National Populism On Local Governance And Individual Liberties, Rawle Andrews Jr., Sanchita Bose
University of the District of Columbia Law Review
Since the 1950s, the U.S. has proudly boasted itself as "a nation of immigrants," However, immigration reform is amongst the most intensely confusing, divisive, and polarizing issues in America's public square. Immigration remains front and center in the public debate across the U.S., especially since the September 11th terrorist attacks. The fear and turmoil, which ebbed and flowed since the 9/11 tragedy, reached a boiling point during the 2016 general election cycle, and ultimately the election of the 45th president, Donald J. Trump. This article examines the impact and implications of a broken federal government on America's cities which are …
Public Defenders' Offices In Brazil: Access To Justice, Courts, And Public Defenders, Alexandre Dos Santos Cunha
Public Defenders' Offices In Brazil: Access To Justice, Courts, And Public Defenders, Alexandre Dos Santos Cunha
Indiana Journal of Global Legal Studies
This essay discusses the impact of public defenders' offices in promoting equality through the enforcement of the right to access to justice in Brazil. To achieve this goal, this note is divided into two parts.
Part I presents the Brazilian public defenders' offices, their history, institutional design, rights, and prerogatives. Part II discusses the role played by public defenders in the enforcement of the right to access to justice in Brazil, as well as the relations established between public defenders and courts. The Conclusion attempts to assess the sustainability of the Brazilian model, in order to determine if there is …
The Legal And Medical Necessity Of Abortion Care Amid The Covid-19 Pandemic, Greer Donley, Beatrice Chen, Sonya Borrero
The Legal And Medical Necessity Of Abortion Care Amid The Covid-19 Pandemic, Greer Donley, Beatrice Chen, Sonya Borrero
Articles
In response to the COVID-19 pandemic, states have ordered the cessation of non-essential healthcare. Unfortunately, many conservative states have sought to capitalize on those orders to halt abortion care. In this short paper, we argue that abortion should not fall under any state’s non-essential healthcare order. Major medical organizations recognize that abortion is essential healthcare that must be provided even in a pandemic, and the law recognizes abortion as a time-sensitive constitutional right. Finally, we examine the constitutional arguments as to why enforcing these orders against abortion providers should not stand constitutional scrutiny. We conclude that no public health purpose …
Civil Liberty Or National Security: The Battle Over Iphone Encryption, Karen Lowell
Civil Liberty Or National Security: The Battle Over Iphone Encryption, Karen Lowell
Georgia State University Law Review
On June 5, 2013, Edward Snowden released what would be the first of many documents exposing the vast breadth of electronic surveillance the Federal Bureau of Investigation (FBI) and the National Security Agency (NSA) had been conducting on millions of United States citizens. Although the federal agencies had legal authority under the Foreign Intelligence Surveillance Act (FISA) to collect metadata from companies such as Verizon, many Americans considered this data collection to be a massive invasion of privacy.
Equipped with the knowledge of sweeping domestic surveillance programs, citizens and technology firms fighting for strong privacy and security protection, have started …
When Immigrants Speak: The Precarious Status Of Non-Citizen Speech Under The First Amendment, Michael Kagan
When Immigrants Speak: The Precarious Status Of Non-Citizen Speech Under The First Amendment, Michael Kagan
Scholarly Works
The legal protection of free speech for immigrants in the United States is surprisingly limited, and it may be under more threat than is commonly understood. Although many unauthorized immigrants have become politically active in campaigning for immigration reform, their ability to speak out publicly may depend more on political discretion than on the Constitutional protections that we normally take for granted. Potential threats to immigrant free speech may be seen in three areas of law. First, a broad claim has been made by the Department of Justice that immigrants who have not been legally admitted to the country have …
Vilifying The Vigilante: A Narrowed Scope Of Citizen's Arrest, Ira P. Robbins
Vilifying The Vigilante: A Narrowed Scope Of Citizen's Arrest, Ira P. Robbins
Ira P. Robbins
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Liberty, Security, And Judicial Review In The War On Terror: An Analysis Of Supreme Court Approaches To Deference In A Post-9/11 Context, Jacob Oppler
Senior Independent Study Theses
In times of war, the government acts to suppress threats to national security, often curtailing or restricting American civil liberties. Over the course of American history, the Supreme Court has reviewed this legal conflict between civil liberties and national security policies during war. Scholars generally observe the Court’s judicial review as deferential to the government. The War on Terror presents new and different challenges to American civil liberties. While this legal conflict has emerged again under the conditions of a war against terrorism, the war itself is markedly unlike past wars in American history. This research seeks to explain how …
Unintended Consequences: The Posse Comitatus Act In The Modern Era, Mark P. Nevitt
Unintended Consequences: The Posse Comitatus Act In The Modern Era, Mark P. Nevitt
Mark P Nevitt
America was born in revolution. Outraged at numerous abuses by the British crown—to include the conduct of British soldiers in the colonists’ daily lives— Americans declared their independence, creating a new republic with deep suspicions of a standing Army. These suspicions were intensely debated at the time of the nation’s formation and enshrined in the Constitution. But congressional limitations on the role of the military in day-to-day affairs would have to wait. They were not put in place until after the Civil War when southern congressmen successfully co- opted the framers’ earlier concerns of a standing Army and passed a …
The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen
The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen
Pepperdine Law Review
No abstract provided.
Infringement On Civil Liberties After 9/11, Donna Lieberman
Infringement On Civil Liberties After 9/11, Donna Lieberman
NYLS Law Review
No abstract provided.
From Substance To Shadows: An Essay On Salazar V. Buono And Establishment Clause Remedies, David B. Owens
From Substance To Shadows: An Essay On Salazar V. Buono And Establishment Clause Remedies, David B. Owens
Articles
Most disputes about the Establishment Clause center on its substantive meaning; whether, for example, a state subsidy promotes religion, the phrase “In God We Trust” can appear on currency, or a display of the Ten Commandments is unconstitutional. Often overlooked and lurking behind these substantive disputes is a question about what remedies are available when an Establishment Clause violation is found. Typically, an injunction prohibiting the subsidy, practice, or display is the choice. In Salazar v. Buono, however, the Supreme Court was confronted with an unusual case for two reasons. First, the doctrine of res judicata formally barred the …
The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder
The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder
C. Peter Erlinder
ABSTRACT The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, or Juridically-Constructed “Victor’s Impunity”? Prof. Peter Erlinder [1] ________________________ “…if the Japanese had won the war, those of us who planned the fire-bombing of Tokyo would have been the war criminals….” [2] Robert S. McNamara, U.S. Secretary of State “…and so it goes…” [3] Billy Pilgrim (alter ego of an American prisoner of war, held in the cellar of a Dresden abattoir, who survived firebombing by his own troops, author Kurt Vonnegut Jr.) Introduction Unlike the postWW- II Tribunals, the U.N. Security Council tribunals for the former Yugoslavia [10] …
Book Review, Eric Heinze
Book Review, Eric Heinze
Prof. Eric Heinze, Queen Mary University of London
Book Review of: MURRAY DRY. Civil Peace and the Quest for Truth: The First Amendment Freedoms in Political Philosophy and American Constitutionalism. Lanham, Maryland: Lexington Books, 2004. x, 307 pp. $88.00 (cloth); 29.95 (paper). Murray Dry attempts to draw a number of links between the ‘speech’ and ‘religion’ clauses of the First Amendment. Unfortunately, he fails in a number of respects. He confuses core elements of the Establishment and Free Exercise Clauses, and fails to examine Freedom of Speech within the context of fundamental controversies that have arisen throughout the post-World War II era. The errors he makes stand as …
The Torture Of Sami Al Arian, C. Peter Erlinder
The Torture Of Sami Al Arian, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
How To Justify An Emergency Regime And Preserve Civil Liberties In Times Of Terrorism, Emmanuel Gross
How To Justify An Emergency Regime And Preserve Civil Liberties In Times Of Terrorism, Emmanuel Gross
South Carolina Journal of International Law and Business
No abstract provided.
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David A. Schultz
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David A. Schultz
David A Schultz
Post 9-11 concerns in the United States, among the European Union (EU) members, and other western democracies regarding international terrorism forced convergence of the traditionally distinct policy areas of domestic criminal justice and national security. This convergence has produced several policy and institutional conflicts that pit individual rights against homeland security, domestic law and institutions against international norms and tribunals, and criminal justice agencies against national security organizations. This Article examines regime responses to international terrorism, principally in the United States, in comparison to the European Union, seeking to describe the consequences of the merger of criminal justice norms with …
Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue
Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
This article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States—two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes—and accepts—the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts—flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …
Remarks Of Denyse Sabagh, Denyse Sabagh
Remarks Of Denyse Sabagh, Denyse Sabagh
University of the District of Columbia Law Review
No abstract provided.
Presentation By Councilmember Kathy Patterson, Kathy Patterson
Presentation By Councilmember Kathy Patterson, Kathy Patterson
University of the District of Columbia Law Review
No abstract provided.
The War On Terrorism And The Constitution, Michael I. Meyerson
The War On Terrorism And The Constitution, Michael I. Meyerson
All Faculty Scholarship
Discussion of civil liberties during wartime often omit the fact that there can be no meaningful liberty at all if our homes and offices are bombed or our loved ones are killed or injured by acts of terror. The Government must be given the tools necessary to accomplish its vital mission. The first priority must be to win the war against terrorism. There are, however, other priorities. The United States, in its just battle for freedom, must ensure that freedom is preserved during that battle as well. Moreover, care must be taken so that an exaggerated cry of “emergency” is …
Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder
Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Civil Rights And Civil Liberties In A Crisis: A Few Pages Of History, Thomas E. Baker
Civil Rights And Civil Liberties In A Crisis: A Few Pages Of History, Thomas E. Baker
Faculty Publications
Tribute to Judge Procter Hug of the United States Court of Appeals for the 9th Circuit, based on a talk adapted from Thomas E. Baker's At War With the Constitution: A History Lesson from the Chief Justice, 14 BYU J. Pub.L. 69 (1999).
It is but a truism that the powers of the government are greatest when the Nation is at war. All of our wartime Commanders-in-Chief have conducted themselves based on this belief. For its part, the Supreme Court has acquiesced in draconian measures undertaken by the Executive that would not be permitted during peacetime. The lasting problem …
Police Tactics Against Protestors Violate Civil Liberties, C. Peter Erlinder
Police Tactics Against Protestors Violate Civil Liberties, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
The Story Of Civil Liberty In The United States, By Leon Whipple, Ivan M. Stone
The Story Of Civil Liberty In The United States, By Leon Whipple, Ivan M. Stone
Indiana Law Journal
No abstract provided.
Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist
Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist
Indiana Law Journal
No abstract provided.
Developments In Civil Liberties: 1984-85 Term, Ivan E. Bodensteiner, Rosalie Levinson
Developments In Civil Liberties: 1984-85 Term, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
1983-84 Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson
1983-84 Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.