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Articles 1051 - 1080 of 2539
Full-Text Articles in Law
Created Equal: How The Declaration Of Independence Recognizes And Guarantees The Right To Life For The Unborn, Mark Trapp
Pepperdine Law Review
No abstract provided.
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell
Pepperdine Law Review
No abstract provided.
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Pepperdine Law Review
No abstract provided.
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Pepperdine Law Review
No abstract provided.
The Gray Zone In The Power Of Local Municipalities: Where Zoning Authority Clashes With State Law, Skye L. Daley
The Gray Zone In The Power Of Local Municipalities: Where Zoning Authority Clashes With State Law, Skye L. Daley
The Journal of Business, Entrepreneurship & the Law
This article will explore the oft-overlooked area of police powers granted to local municipalities by the California Constitution through the lens of marijuana dispensaries. These dispensaries, and the obstacles they face, provide the perfect vantage point from which to survey the current status of zoning power in California. This article will consider the extent and limits of what is known as the “police powers” of local municipalities: the power of cities, towns and counties to regulate, restrict, and proscribe the way in which land can be utilized within its borders. If local municipalities are the creation of the state--indeed, an …
States' Rights Apogee, 1760-1840, Ryan Setliff
States' Rights Apogee, 1760-1840, Ryan Setliff
Masters Theses
America's states' rights tradition has held much influence since the ratification of the U.S. Constitution in 1788. In late 1798, in response to the Federalist administration's adoption of the Alien and Sedition Acts, the Virginia and Kentucky Resolutions were formally adopted by the legislatures of Virginia and Kentucky respectively. These resolutions set a lasting precedent for state interposition and nullification. As well concurrence with these doctrines can be found in the Virginia Resolves of 1790, the constitutional debates of 1787-1790, and all throughout the colonial-revolutionary period of the 1760s to 1780s. In time, the Virginia and Kentucky Resolutions would gain …
The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross Ii
The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall L. Ross Ii
Fordham Law Review
Challenges under the Equal Protection Clause require proof of intentional discrimination. Though rarely questioned by legal scholars or the courts, that conventional account cannot explain the success of equal protection challenges to electoral structures that dilute the vote of racial minorities. In the Supreme Court’s most recent decisions on vote dilution, the Court has invalidated local electoral structures under the Equal Protection Clause to the extent that they deprive African Americans of the opportunity for effective representation in the political process. The Court has reached its decisions despite the absence of any proof of intentional discrimination in the adoption of …
Seeking Liberty’S Refuge: Analyzing Legislative Purpose Under Casey’S Undue Burden Standard, Lucy E. Hill
Seeking Liberty’S Refuge: Analyzing Legislative Purpose Under Casey’S Undue Burden Standard, Lucy E. Hill
Fordham Law Review
In the 1992 decision Planned Parenthood of Southeastern Pennsylvania v. Casey, the U.S. Supreme Court crafted the “undue burden” standard for evaluating the constitutionality of abortion laws. Under that standard, a state is free to regulate abortion, as long as the regulation does not impose an undue burden on a woman’s right to an abortion. Although the standard is disjunctive, the Casey opinion focuses on the “effect” prong of the test, with little guidance as to what a “purpose” prong inquiry would look like. Subsequent Supreme Court abortion jurisprudence has served only to obscure the issue. Circuit courts, therefore, …
Defects, Due Process, And Protective Proceedings, Susan G. Haines, John J. Campbell
Defects, Due Process, And Protective Proceedings, Susan G. Haines, John J. Campbell
Marquette Elder's Advisor
This article discusses whether the requirements of due process in protective proceedings be any lower that those in criminal, juvenile, or civil commitment cases. The authors argue that the requirements should not be lower. The article discusses the application of Mathews v. Eldridge to due process analysis in guardianship and conservatorship proceedings.
Treated With Respect: Enforcing Patient Autonomy By Defending Advance Directives, Carol J. Wessels
Treated With Respect: Enforcing Patient Autonomy By Defending Advance Directives, Carol J. Wessels
Marquette Elder's Advisor
Wessels discusses the right of competent individuals to direct their own health care and the obstacles encountered in enforcing these rights under a power of attorney for health care or an advance directive. The rights to make such decisions are explored, as well as the barriers to enforcement, both statutory and provider related. Several causes of action against non-compliant actors are discussed.
The Abnormalcy Of Normal Delay, Kimberly Horsley
The Abnormalcy Of Normal Delay, Kimberly Horsley
Pepperdine Law Review
No abstract provided.
The First Amendment, Gaming Advertisements, And Congressional Inconsistency: The Future Of The Commercial Speech Doctrine After Greater New Orleans Broadcasting Ass'n V. United States, Nicholas P. Consula
The First Amendment, Gaming Advertisements, And Congressional Inconsistency: The Future Of The Commercial Speech Doctrine After Greater New Orleans Broadcasting Ass'n V. United States, Nicholas P. Consula
Pepperdine Law Review
No abstract provided.
Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan
Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan
Pepperdine Law Review
No abstract provided.
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Pepperdine Law Review
No abstract provided.
Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright
Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright
Pepperdine Law Review
No abstract provided.
Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding
Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding
Pepperdine Law Review
No abstract provided.
Scalia’S Ship Of Revulsion Has Sailed: Will Lawrence Protect Adults Who Adopt Lovers To Help Ensure Their Inheritance From Incest Prosecution?, Terry L. Turnipseed
Scalia’S Ship Of Revulsion Has Sailed: Will Lawrence Protect Adults Who Adopt Lovers To Help Ensure Their Inheritance From Incest Prosecution?, Terry L. Turnipseed
College of Law - Faculty Scholarship
SCALIA’S SHIP OF REVULSION HAS SAILED: WILL LAWRENCE PROTECT ADULTS WHO ADOPT LOVERS TO HELP ENSURE THEIR INHERITANCE FROM INCEST PROSECUTION? Terry L. Turnipseed Associate Professor of Law Syracuse University College of Law in•cest (ĭn'sěst') Sexual relations between family members or close relatives, including children related by adoption. There is a growing trend in this country – startling to many – of adopting one’s adult lover or spouse for various reasons, mostly inheritance-based. Should one who adopts his or her adult lover or spouse be prosecuted for incest? Think about it: the person is having sexual relations with his or …
Punishment Without Culpability, John F. Stinneford
Punishment Without Culpability, John F. Stinneford
UF Law Faculty Publications
For more than half a century, academic commentators have criticized the Supreme Court for failing to articulate a substantive constitutional conception of criminal law. Although the Court enforces various procedural protections that the Constitution provides for criminal defendants, it has left the question of what a crime is purely to the discretion of the legislature. This failure has permitted legislatures to evade the Constitution’s procedural protections by reclassifying crimes as civil causes of action, eliminating key elements (such as mens rea) or reclassifying them as defenses or sentencing factors, and authorizing severe punishments for crimes traditionally considered relatively minor.
The …
In Medias Res, Larry Yackle
In Medias Res, Larry Yackle
Faculty Scholarship
It’s common in academic circles to distinguish between positive arguments (which describe things as they are) and normative arguments (which prescribe the way things ought to be). The distinction dissolves as soon as accounts of how the world works spill over into justifications for the status quo. That happens a lot, especially in discussions of theory. It happens again in David Strauss’ wonderful monograph.1 Strauss offers a succinct exposition of the constitutional system we actually observe, coupled with a powerful explanation of how and why the scheme functions as it does and genuine reassurance that, on the whole, we can …
Constitutional Principles, David B. Lyons
Constitutional Principles, David B. Lyons
Faculty Scholarship
Principles that are not given by the constitutional text are sometimes attributed to the Constitution. This is done within Professor Balkin’s “framework originalism.”1 The question I wish to consider is how it may properly be done. How can it be shown that the Constitution is committed tacitly to a given principle? I shall discuss Balkin’s theory with that question in mind.
Ensuring The Stability Of Presidential Succession In The Modern Era: Report Of The Fordham University School Of Law Clinic On Presidential Succession, Fordham Law School Clinic On Presidential Succession
Ensuring The Stability Of Presidential Succession In The Modern Era: Report Of The Fordham University School Of Law Clinic On Presidential Succession, Fordham Law School Clinic On Presidential Succession
Reports
This Report outlines the recommendations of Fordham Law's first Presidential Succession Clinic, whose nine students conducted their work during the 2010-2011 academic year under the guidance of Dean John D. Feerick and Adjunct Professors Dora Galacatos and Nicole A. Gordon. Their recommendations for resolving the gaps and weaknesses in the presidential succession system include: (1) statutes and executive branch actions to account for the absence of procedures for declaring the Vice President unable; (2) removing legislators from the line of succession and resolving ambiguities regarding the line of the succession; and (3) reforms for addressing the death or resignation of …
Dubious Delegation: Article Iii Limits On Mental Health Treatment Decisions, Adam Teitelbaum
Dubious Delegation: Article Iii Limits On Mental Health Treatment Decisions, Adam Teitelbaum
Michigan Law Review
A common condition of supervised release requires a defendant, post-incarceration, to participate in a mental health treatment program. Federal district courts often order probation officers to make certain decisions ancillary to these programs. However Article III delegation doctrine places limits on such actions. This Note addresses the constitutionality of delegating the "treatment program" decision, in which a probation officer decides which type of treatment the defendant must undergo; the choice is often between inpatient treatment and other less restrictive alternatives. The resolution of this issue ultimately depends on whether this decision constitutes a "judicial act." Finding support in lower court …
Avoiding Independent Agency Armageddon, Kent H. Barnett
Avoiding Independent Agency Armageddon, Kent H. Barnett
Scholarly Works
In Free Enterprise Fund v. Public Company Accounting Oversight Board, the U.S. Supreme Court invalidated Congress’ use of two layers of tenure protection to shield Public Company Accounting Oversight Board (PCAOB) members from the President’s removal. The SEC could appoint and remove PCAOB members. An implied tenure-protection provision protected the SEC from the President’s at-will removal. And a statutory tenure-protection provision protected PCAOB members from the SEC’s at-will removal. The Court held that these “tiered” tenure protections unconstitutionally impinged upon the President’s removal power because they prevented the President from holding the SEC responsible for PCAOB’s actions in the same …
Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell
Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell
Scholarly Works
From its conceptual origin in Magna Charta, due process of law has required that government can deprive persons of rights only pursuant to a coordinated effort of separate institutions that make, execute, and adjudicate claims under the law. Originalist debates about whether the Fifth or Fourteenth Amendments were understood to entail modern “substantive due process” have obscured the way that many American lawyers and courts understood due process to limit the legislature from the Revolutionary era through the Civil War. They understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was …
Disengage And Obstruct: The Un-Of-Values And The Human Rights Council, Kenneth Anderson
Disengage And Obstruct: The Un-Of-Values And The Human Rights Council, Kenneth Anderson
Contributions to Books
The following is a sample chapter from a book on US-UN relations, "Living with the UN." The book offers an analysis of policies available to the United States in its dealings with the United Nations, and offers "heuristics" of engagement to guide US dealings with different parts and functions of the UN. These policy rules of thumb are framed around a larger (mostly sharply critical, particularly in this chapter) analysis of "multilateral engagement" that is presented earlier in the book and which is a combination of analysis specific to US-UN relations and to US foreign policy generally. This book breaks …
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
All Faculty Scholarship
In this article, I address the historical and doctrinal development of § 1983 local government liability, beginning with Monroe v. Pape in 1961 and culminating in the Supreme Court’s controversial 2011 failure to train decision in Connick v. Thompson. Connick has made it exceptionally difficult for § 1983 plaintiffs to prevail against local governments in failure to train cases. In the course of my analysis, I also consider the oral argument and opinions in Connick as well as various aspects of § 1983 doctrine. I ultimately situate Connick in the Court’s federalism jurisprudence which doubles back to Justice Frankfurter’s view …
Protecting The Living And The Dead: How Missouri Can Enact A Constitutional Funeral-Protest Statute, Madison Marcolla
Protecting The Living And The Dead: How Missouri Can Enact A Constitutional Funeral-Protest Statute, Madison Marcolla
Missouri Law Review
This Note will analyze the constitutionality of Missouri's funeral-protest statutes under the First Amendment. This Note argues that, with certain changes, Missouri's funeral-protest statutes should pass constitutional muster. In Part II, this Note analyzes the facts and holding of Phelps-Roper v. Koster. Next, in Part III, this Note explores the legal background of the First Amendment, time, place, and manner restrictions, and how other courts have decided cases involving funeral-protest laws. Part IV examines the court's rationale in Phelps-Roper v. Koster. Lastly, Part V explains where the district court erred and how Missouri's funeral-protest statutes can be changed to become …
State Drug Testing Requirements For Welfare Recipients: Are Missouri And Florida's New Laws Constitutional, Abby E. Schaberg
State Drug Testing Requirements For Welfare Recipients: Are Missouri And Florida's New Laws Constitutional, Abby E. Schaberg
Missouri Law Review
This Summary examines the framework set up by the Supreme Court for analyzing the constitutionality of drug testing on welfare recipients. It discusses the states' implementation of such programs, and specifically analyzes laws recently passed by Florida and Missouri that authorize drug-testing requirements on welfare recipients. The likely outcome of challenges to these laws appears to be dependent, at least in part, on whether the law provides for suspicionless drug testing or calls for drug testing based on some reasonable suspicion of drug use.