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Articles 1 - 13 of 13
Full-Text Articles in Law
Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan
Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan
Faculty Scholarship
Over the past six decades, United States Supreme Court decisions have dramatically reshaped the criminal justice process to provide significant protections for defendants charged in federal and state proceedings, reflecting a remarkable expansion of due process and specific constitutional guarantees. For criminal defendants seeking relief based on recognition of new rules of constitutional criminal procedure, application of existing rules or precedent to novel factual scenarios, or in some cases, enforcement of existing precedent, obtaining relief requires further action on the Court’s part. In those situations, the Court’s exercise of its certiorari jurisdiction is the exclusive remedy offering an avenue for …
A Note On The Fordham Law Review Online Fall Issue, Novel Perspectives On Due Process, Nora Stewart
A Note On The Fordham Law Review Online Fall Issue, Novel Perspectives On Due Process, Nora Stewart
Fordham Law Review Online
2019 has seen extensive discussion of due process in the American public sphere. There is a cultural sense of eroding norms, of institutions and procedural protections under threat. In response to the central role of due process in the cultural discourse and to the publication of Ingrid Wuerth’s Article, The Due Process and Other Constitutional Rights of Foreign Nations, in the November Issue of our print edition, Fordham Law Review Online presents a Fall Issue comprised both of response pieces to Professor Wuerth’s Article and of Essays engaging other thorny questions about due process.
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
State V. Violette: Harsher Resentencing Encounters A Bolder Resumption Of Vindictiveness, Thomas C. Bradley
State V. Violette: Harsher Resentencing Encounters A Bolder Resumption Of Vindictiveness, Thomas C. Bradley
Maine Law Review
Twenty-one years ago, in Weeks v. State, the Maine Supreme Judicial Court, sitting as the Law Court, adopted a rule to prevent judicial vindictiveness when resentencing defendants who had successfully appealed their conviction and been reconvicted. The Weeks court adopted as a state due process protection the United States Supreme Court's rule laid down the preceding year in North Carolina v. Pearce. The Pearce rule provides that harsher resentencing of such defendants creates a presumption of constitutionally prohibited vindictiveness unless the harsher sentence is explicitly based on some identifiable misconduct by the defendant since the prior sentencing. Thus, the Law …
State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?, Lars Noah
State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?, Lars Noah
Dickinson Law Review (2017-Present)
In order to prevent further overuse of prescription opioids, states have adopted a variety of strategies. This article summarizes the growing use of prescription drug monitoring programs, crackdowns on “pill mills,” prohibitions on the use of particularly hazardous opioids, limitations on the duration and dosage of prescribed opioids, excise taxes, physician education and patient disclosure requirements, public awareness campaigns, and drug take-back programs. Although occasionally challenged on constitutional grounds, including claims of federal preemption under the Supremacy Clause, discrimination against out-of-state businesses under the dormant Commerce Clause doctrine, and interference with rights of commercial free speech, this article evaluates the …
For Once, A Defense Of Amtrak: Do Market Participants With Regulatory Authority Violate Due Process?, Blayne Justus Yudis
For Once, A Defense Of Amtrak: Do Market Participants With Regulatory Authority Violate Due Process?, Blayne Justus Yudis
University of Miami Business Law Review
The National Basketball Association (“NBA”) regulates American professional basketball.. After acquiring the New Orleans Hornets in 2010, the NBA temporarily became both the league regulator and a franchise owner. As owner, the NBA vetoed a trade that would have sent the Hornets’s best player to another team. Was the NBA acting out of self-interest when it blocked the trade? In other words, was its trade block fair?
Federal Courts have recently dealt with this issue in Association of American Railroads v. U.S. Department of Transportation. Following a decade of litigation, the D.C. Circuit Court of Appeals decided that granting …
Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History, Kirandeep Kaur
Journal of Race, Gender, and Ethnicity
No abstract provided.
Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza
Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza
Journal of Race, Gender, and Ethnicity
No abstract provided.
Prescription Restriction: Why Birth Control Must Be Over-The-Counter In The United States, Susannah Iles
Prescription Restriction: Why Birth Control Must Be Over-The-Counter In The United States, Susannah Iles
Michigan Journal of Gender & Law
This Note argues that it is harmful and unnecessary to require women to obtain prescriptions for access to hormonal birth control. Requiring a prescription is necessarily a barrier to access which hurts women and hamstrings the ability to dictate their own reproductive plans. It is also an irrational regulation in light of the relative safety of hormonal birth control pills, particularly progestin-only formulations, compared to other drugs readily available on the shelves.
Leading medical organizations, including the American College of Obstetrics and Gynecologists, advocate for over-the-counter access to hormonal birth control. While acknowledging that not every woman will have positive …
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright
Journal of Race, Gender, and Ethnicity
No abstract provided.
Reconceptualizing Hybrid Rights, Dan T. Coenen
Reconceptualizing Hybrid Rights, Dan T. Coenen
Scholarly Works
In landmark decisions on religious liberty and same-sex marriage, and many other cases as well, the Supreme Court has placed its imprimatur on so called “hybrid rights.” These rights spring from the interaction of two or more constitutional clauses, none of which alone suffices to give rise to the operative protection. Controversy surrounds hybrid rights in part because there exists no judicial account of their justifiability. To be sure, some scholarly treatments suggest that these rights emanate from the “structures” or “penumbras” of the Constitution. But critics respond that hybrid rights lack legitimacy for that very reason because structural and …
Making Litigating Citizenship More Fair, Ming H. Chen
Making Litigating Citizenship More Fair, Ming H. Chen
Publications
No abstract provided.
Reproductive Health Care Exceptionalism And The Pandemic, Helen Norton
Reproductive Health Care Exceptionalism And The Pandemic, Helen Norton
Publications
No abstract provided.