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Articles 2491 - 2520 of 3555
Full-Text Articles in Constitutional Law
A Roundtable Discussion With Stephen L. Carter & Michael J. Gerhardt, Thomas E. Baker
A Roundtable Discussion With Stephen L. Carter & Michael J. Gerhardt, Thomas E. Baker
Faculty Publications
Transcript of a discussion regarding the United States Supreme Court, the Supreme Court justices and justice nominees, the Senate process for confirming nominees and related issues such as fitness to serve on the court and judicial activism.
The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman
The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman
Articles
The adjudication of child abuse claims poses an excruciatingly difficult conundrum. The crime is a terrible one, but false convictions are abhorrent. Often the evidence does not support a finding of guilt or innocence with sufficient clarity to allow a decision free of gnawing doubt. In many cases, a large part of the problem is that the prosecution's case depends critically on the statement or testimony of a young child. Even with respect to adult witnesses, the law of hearsay and confrontation is very perplexing, as anyone who has studied American evidentiary law and read Supreme Court opinions on the …
Is The Rehnquist Court An "Activist" Court? The Commerce Cause Cases, Randy E. Barnett
Is The Rehnquist Court An "Activist" Court? The Commerce Cause Cases, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In United States v. Lopez, the Supreme Court, for the first time in sixty years, declared an act of Congress unconstitutional because Congress had exceeded its powers under the Commerce Clause. In 2000, the Court reaffirmed the stance it took in Lopez in the case of United States v. Morrison, once again finding that Congress had exceeded its powers. Are these examples of something properly called "judicial activism"? To answer this question, we must clarify the meaning of the term "judicial activism." With this meaning in hand, the author examines the Court's Commerce Clause cases. The answer he …
Dial-In Testimony, Richard D. Friedman, Bridget Mary Mccormack
Dial-In Testimony, Richard D. Friedman, Bridget Mary Mccormack
Articles
For several hundred years, one of the great glories of the common law system of criminal justice has been the requirement that prosecution witnesses give their testimony in the presence of the accused" face to face," in the time-honored phrase-under oath, subject to cross-examination, and, unless unfeasible, in open court. In the United States, this principle is enshrined in the Confrontation Clause of the Sixth Amendment, which provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him." But now a new way is developing for witnesses for the prosecution …
Proposed Amendments To Fed. R. Crim. P. 26: An Exchange: Remote Testimony, Richard D. Friedman
Proposed Amendments To Fed. R. Crim. P. 26: An Exchange: Remote Testimony, Richard D. Friedman
Articles
Recently, the Supreme Court declined to pass on to Congress a proposed change to Federal Rule of Criminal Procedure 26 submitted to it by the Judicial Conference. In this Article, Professor Friedman addresses this proposal, which would allow for more extensive use of remote, video-based testimony at criminal trials. He agrees with the majority of the Court that the proposal raised serious problems under the Confrontation Clause. He also argues that a revised proposal, in addition to better protecting the confrontation rights of defendants, should include more definite quality standards, abandon its reliance on the definition of unavailability found in …
The Bush Administration And Appeals Court Nominees, Carl Tobias
The Bush Administration And Appeals Court Nominees, Carl Tobias
William & Mary Bill of Rights Journal
No abstract provided.
The "Blue Slip": Enforcing The Norms Of The Judicial Confirmation Process, Brannon P. Denning
The "Blue Slip": Enforcing The Norms Of The Judicial Confirmation Process, Brannon P. Denning
William & Mary Bill of Rights Journal
No abstract provided.
Introduction To The Symposium: The Judicial Process Appointments Process, Carly Van Orman
Introduction To The Symposium: The Judicial Process Appointments Process, Carly Van Orman
William & Mary Bill of Rights Journal
No abstract provided.
Comparing Judicial Selection Systems, Lee Epstein, Jack C. Knight, Olga Shvetsova
Comparing Judicial Selection Systems, Lee Epstein, Jack C. Knight, Olga Shvetsova
William & Mary Bill of Rights Journal
No abstract provided.
The Aba's Role In Prescreening Federal Judicial Candidates: Are We Ready To Give Up On The Lawyers?, Laura E. Little
The Aba's Role In Prescreening Federal Judicial Candidates: Are We Ready To Give Up On The Lawyers?, Laura E. Little
William & Mary Bill of Rights Journal
No abstract provided.
The Questioning Of Lower Federal Court Nominees At Senate Confirmation Hearings, William Ross
The Questioning Of Lower Federal Court Nominees At Senate Confirmation Hearings, William Ross
William & Mary Bill of Rights Journal
No abstract provided.
The Pathological Politics Of Criminal Law, William J. Stuntz
The Pathological Politics Of Criminal Law, William J. Stuntz
Michigan Law Review
Substantive criminal law defines the conduct that the state punishes. Or does it? If the answer is yes, it should be possible, by reading criminal codes (perhaps with a few case annotations thrown in), to tell what conduct will land you in prison. Most discussions of criminal law, whether in law reviews, law school classrooms, or the popular press, proceed on the premise that the answer is yes. Law reform movements regularly seek to broaden or narrow the scope of some set of criminal liability rules, always on the assumption that by doing so they will broaden or narrow the …
Felons, Firearms, And Federalism: Reconsidering Scarborough In Light Of Lopez, Brent E. Newton
Felons, Firearms, And Federalism: Reconsidering Scarborough In Light Of Lopez, Brent E. Newton
The Journal of Appellate Practice and Process
The application of the federal prohibition of felons possessing firearms is a stretch of the Commerce Clause. Most cases involve a felon who merely happened to be in possession of a firearm. The only relationship to interstate commerce in these cases is that the firearms found were usually manufactured in another state. The application of this prohibition leaves the future of federalism in question.
Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff
Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff
Cornell Law Faculty Publications
The political process theory introduced by the Carolene Products footnote and developed through subsequent scholarship has shaped much of the modern constitutional landscape. Process theory posits that courts may justifiably intervene in the political arena when institutional obstacles impede corrective action by political actors themselves. Judged by this standard, the United States Supreme Court's decision in Bush v. Gore was a failure, because the majority could not explain why its interference was necessary. More broadly, Bush v. Gore points to a central deficiency in process theory: it relies upon the Justices to guard against their own overreaching, but does not …
Balancing "Parents Are" And "Parents Do" In The Supreme Court's Constitutionalized Family Law: Some Implications For The Ali Proposals On De Facto Parenthood, David M. Wagner
BYU Law Review
No abstract provided.
Supreme Court Power Play: Assessing The Appropriate Role Of The Senate In The Confirmation Process, Jeff Yates, William Gillespie
Supreme Court Power Play: Assessing The Appropriate Role Of The Senate In The Confirmation Process, Jeff Yates, William Gillespie
Washington and Lee Law Review
The Bush Administration will likely have the opportunity to make a number of appointments to the Supreme Court; however, such nominations may lead to contentious confirmation hearings in the Senate. When such an appointment opportunity does present itself, questions are bound to arise concerning the appropriate role of the United States Senate in the confirmation of Supreme Court nominees under the "advice and consent" provisions of article H of the Unite States Constitution. Disputes over the Senate 's proper role and scope of inquiry seem to emerge whenever a nominee has faced the confirmation process and have been a timeworn …
Privatization And Political Accountability, Jack M. Beermann
Privatization And Political Accountability, Jack M. Beermann
Faculty Scholarship
This article is an attempt to draw some general connections between privatization and political accountability. Political accountability is to be understood as the amenability of a government policy or activity to monitoring through the political process. Although the main focus of the article is to examine different types of privatization, specifically exploring the ramifications for political accountability of each type, I also engage in some speculation as to whether there are there situations in which privatization might raise constitutional concerns related to the degree to which the particular privatization reduces political accountability for the actions or decisions of the newly …
Perspectives On Freedom Of Conscience And Religion In The Jurisprudence Of Constitutional Courts, Leszek Lech Garlicki
Perspectives On Freedom Of Conscience And Religion In The Jurisprudence Of Constitutional Courts, Leszek Lech Garlicki
BYU Law Review
No abstract provided.
Freedom Of Religion In The Case Law Of The Spanish Constitutional Court, Javier Martinez-Torron
Freedom Of Religion In The Case Law Of The Spanish Constitutional Court, Javier Martinez-Torron
BYU Law Review
No abstract provided.
Constitutionality Of "No-Citation" Rules, Salem M. Katsh, Alex V. Chachkes
Constitutionality Of "No-Citation" Rules, Salem M. Katsh, Alex V. Chachkes
The Journal of Appellate Practice and Process
No-citation rules raise serious constitutional concerns. Assuming that it is constitutional to designate an opinion as nonprecedential, it is not constitutional to prohibit citing an opinion. No-citation rules are unconstitutional for two reasons. The first, citation prohibitions interfere with a litigant’s First Amendment right of speech and petition. Second, citation prohibitions violate the separation of powers.
Publicity And The Judicial Power, Daniel N. Hoffman
Publicity And The Judicial Power, Daniel N. Hoffman
The Journal of Appellate Practice and Process
The judicial branch was created in order to ensure that the rule of law and not the rule of man prevailed. Judges must use reasoning and analysis to fulfill this role. Making decisions based on mere coin tosses or without giving a reason for the decision detracts from the rule of law. Issuing decisions that cannot be published or cited also detracts the judicial role of ensuring that law rules the land.
Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin
Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin
The Journal of Appellate Practice and Process
Judicial review allows the Supreme Court of the United States to perform revolutionary constitutional change. The United States Courts of Appeals could also be a vehicle for revolutionary constitutional adjudication.
A Funny Thing Happened On The Way To The Multiple-Choice Exam: Or, The Schoolroom Lessons From Bush V. Gore, Marcella David
A Funny Thing Happened On The Way To The Multiple-Choice Exam: Or, The Schoolroom Lessons From Bush V. Gore, Marcella David
Journal of Legal Education
No abstract provided.
Social Meaning And School Vouchers, Neal Devins
Social Meaning And School Vouchers, Neal Devins
William & Mary Law Review
No abstract provided.
Free? Exercise, Marci A. Hamilton
In The Wake Of Crosby V. National Foreign Trade Council: The Impact Upon Selective Purchasing Legislation Throughout The United States, 34 J. Marshall L. Rev. 827 (2001), Ako Miyaki-Murphy
In The Wake Of Crosby V. National Foreign Trade Council: The Impact Upon Selective Purchasing Legislation Throughout The United States, 34 J. Marshall L. Rev. 827 (2001), Ako Miyaki-Murphy
UIC Law Review
No abstract provided.
The Commercial Activity Exception Under The Fsia, Personhood Under The Fifth Amendment And Jurisdiction Over Foreign States: A Partial Roadmap For The Supreme Court In The New Millennium, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova
Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova
Faculty Scholarship
No abstract provided.
Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight
Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight
Faculty Scholarship
No abstract provided.
The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin
The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin
Faculty Scholarship
No abstract provided.