Constitutional Law Commons^™

The Mexican Constitution And Its Safeguards Against Foreign Investments, Álvaro Ramírez Martínez

Cornell Law School Inter-University Graduate Student Conference Papers

Every state has safeguards against foreign investment in its country. Most of the times these safeguards are contained in a main document which governs said countries. This document can take the form of a Constitution.

The Mexican constitution contains a safeguard against foreign investments in Article 27, where it is stated that the Mexican state can expropriate private property among other things, due to public interest. Any expropriation must be followed by an indemnification. The price to pay as indemnification shall not exceed the assessment for tax purposes.

Mexico has an invaluable opportunity to attract foreign investments but it must …

April 12, 2009: The Victory Over Death, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Victory Over Death“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

United States V. Chambers: Noncustodial Escapes Do Not Always Constitute A Violent Crime For Purposes Of The Armed Career Criminal Act, Jin Woo Oh

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

April 9, 2009: The Hard Secular Mindset, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Hard Secular Mindset“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Law Day Oral Argument Session 5th District Court Of Appeal, 2009, Honorable Jacqueline R. Griffin, Presiding Judge, Honorable C. Alan Lawson, Honorable Kerry I. Evander

Law Day Presentations

As part of Law Day, a panel of three justices from the Florida Fifth District Court of Appeal hear oral arguments for the following three cases: Huck v. State, Alsobiae v. Parkinson, and Demings, Sheriff v. Orange County Citizen Review Board. Following each oral argument, the Court takes questions on Court procedures and operations.

April 6, 2009: No Constitutional Right To Shoot Police Officers, Bruce Ledewitz

Hallowed Secularism

Blog post, “No Constitutional Right to Shoot Police Officers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Quick Off The Mark? In Favor Of Empowering The President-Elect, Nina A. Mendelson

NULR Online

No abstract provided.

April 4, 2009: The Two Cultures, 2009, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Two Cultures, 2009“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 2, 2009: The Secular Mind On The Huffington Post, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Secular Mind on the Huffington Post“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Gross V. Fbl Financial Services, Inc.: Determining The Evidentiary Requirements For Bringing A Non-Title Vii Mixed-Motive Case, Matthew Brod

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Equality, Conscience, And The Liberty Of The Church: Justifying The Controversiale Per Controversialius, Patrick Mckinley Brennan

Working Paper Series

This paper considers the central normative claim of Martha Nussbaum’s Liberty of Conscience: In Defense of America’s Tradition of Religious Equality, viz., that the U.S. Constitution’s religion clauses should be construed to provide equal (and extensive) protection to the vulnerable human faculty called conscience. The paper argues that Nussbaum’s argument from Rawlsian political liberalism that leads to her normative constitutional claim amounts, perversely, to an attempt to justify the controversial by the more controversial. The paper goes on to argue that while equality and conscience are concepts that are reasonably contested, Nussbaum illegitimately gives them priority over the also reasonably …

The Lexington Principles On The Rights Of Detainees: A Transnational Legal Process Approach To Due Process, David Alan Jordan, Frederic L. Kirgis, R. Brooke Lewis, Thomas Greenwood, Bennett L. Ross, Kathryn M. Zunich

Scholarly Articles

In Boumediene v. Bush, decided June 12, 2008, the U.S. Supreme Court extended the constitutional privilege of habeas corpus to noncitizens detained at Guantanamo Bay, Cuba. Courts will now be called upon to assess the propriety of American detainee treatment practices against unclear constitutional standards. The strength and contours of the due process protections the U.S. Constitution will afford these detainees is still an unsettled question. The Lexington Principles are designed to help guide the development of American due process standards as they move outside our borders. These Principles are also intended to serve as a model for those …

New Groups And Old Doctrine: Rethiking Congressional Power To Enforce The Equal Protection Clause, William D. Araiza

Faculty Scholarship

No abstract provided.

The "True" Right To Trial By Jury: The Founders' Formulation And Its Demise, John P. Mcclanahan

West Virginia Law Review

No abstract provided.

Burden Of Inaction: How Two States Set Different Paths For One Nonfederal Transborder Highway And Why The Courts Cannot Adequately Solve This Problem In Light Of Concerns For Federalism, The Separation Of Powers And Matters Of Justiciability, Matthew Lincoln Clark

West Virginia Law Review

No abstract provided.

Nevada's Clean Indoor Air Act - A Comparison And A Question: Is The Nciaa Constitutional, Diane Welch

Nevada Law Journal

No abstract provided.

Towards A More Reasonable Approach To Free Will In Criminal Law, Stephen O'Hanlon

Cardozo Public Law, Policy & Ethics Journal

This paper questions criminal law's strong presumption of free will. Part I assesses the ways in which environment, nurture, and society influence human action. Part II briefly surveys studies from the fields of genetics and neuroscience which call into question strong assumptions of free will and suggest explanations for propensities toward criminal activity. Part III discusses other "causes" of criminal activity including addiction, economic deprivation, gender, and culture. In light of Parts I through III, Part IV assesses criminal responsibility and the legitimacy ofpunishment. Part V considers the possibility of determiningpropensity for criminal activity based on assessing causal factors and …

Tinker And Viewpoint Discrimination, John E. Taylor

Law Faculty Scholarship

No abstract provided.

Revisiting Prosecutorial Disclosure, Alafair S. Burke

Indiana Law Journal

After the exoneration of more than 200 people based on post-conviction DNA evidence, a growing movement against wrongful convictions has called increased attention to the prosecutorial suppression of material exculpatory evidence. Commentators frequently study prosecutorial failures to disclose as a form of intentional misconduct, coloring both the description of the problem and the recommended solutions. This Article, in contrast, explores how even ethical prosecutors might fail to disclose exculpatory evidence because off laws in the Brady doctrine itself-specifically, the Court's limitation of the doctrine to "material" exculpatory evidence. The materiality standard amplifies cognitive biases that distort even an ethical prosecutor's …

Aedpa, Saucier, And The Stronger Case For Rights-First Constitutional Adjudication, Stephen I. Vladeck

Scholarly Articles in Law Reviews & Journals

As part of a symposium on new affirmative visions of the judicial role, this essay takes on the Supreme Court's increasing unwillingness to resolve constitutional questions in post-conviction habeas cases under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), as seen in decisions such as Wright v. Van Patten, 128 S. Ct. 743 (2008). In most cases in which AEDPA applies, a petitioner is only eligible for relief if a state court's constitutional error was unreasonable based on prior Supreme Court decisions (and not dicta). As a result, the Court has repeatedly concluded that a state court did …

Not Very Collegial: Exploring Bans On Illegal Immigrant Admissions To State Colleges And Universities, Marcia A. Yablon-Zug, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.

A Proposed Transjudicial Approach To S. 15(2) Charter Adjudication, Vanita Goela

Dalhousie Law Journal

Canada and India are both pluralistic democracies with diverse populations. Both countries have drafted constitutional provisions which enshrine equality rights and permit affirmative action. In India, various disadvantaged groups receive special protection from the Constitution of India, such as the Other Backward Classes (OBC). The Supreme Court of India has held that States and the Central government must identify the "creamy layer" within the OBC category so that reservations target members who are most in need. Otherwise, the OBC category is overinclusive. The creamy layer includes those who are socially and economically advanced and who no longer require the benefits …

Caesar's Faith: Limited Government And Freedom Of Religion In Bruker V. Marcovitz, F C. Decoste

Dalhousie Law Journal

The Supreme Court of Canada has long pursued the view that our law is somehow an expression and repository of what it terms "Canada 's fundamental values." In Bruker v. Marcovitz, the Court added to the catalogue of these judicially decreed and enforced values one concerning religion, namely, the protection of Canadians against the arbitrary disadvantages of their religions. This comment argues that the Court's judgment in this regard constitutes a fundamental threat to religious liberty inasmuch as it subordinates religious beliefand practice to state values by making the legal acceptability of the former turn on their conformity to the …

The Supreme Court Of Canada, Charter Dialogue, And Deference, Rosalind Dixon

Osgoode Hall Law Journal

For those concerned about the democratic legitimacy of Charter review by Canadian courts, the idea of dialogue offers a promising middle path between the extremes of judicial and legislative supremacy. Current dialogue theory, however, largely fails to live up to this promise of compromise. Instead of distinguishing democratic worries associated with US style, strong-form judicial review, it largely endorses the legitimacy of such review. For dialogue to live up to its original promise, a new theory that more clearly distinguishes Canada from the United States is required. This article offers a new theory of dialogue in which the willingness of …

Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech, Johnny Rex Buckles

Indiana Law Journal

No abstract provided.

The Central Intelligence Agency's "Family Jewels": Legal Then? Legal Now?, Daniel L. Pines

Indiana Law Journal

Congress and the media recently have claimed that various activities of the Central Intelligence Agency (CIA)-from rendition operations, to the destruction of videotapes, to the maintenance of secret detention facilities overseas--are illegal. Critics levied similar charges against the CIA thirty-five years ago, with regard to activities contained in the "Family Jewels"--the 1973 compilation of the CIA's darkest secrets. The recent release of the Family Jewels provides the opportunity to try to put today's concerns in perspective. This Article evaluates the key activities conducted by the CIA as described in the Family Jewels-experimentation on unconsenting individuals, attempted targeted killings of foreign …

Petition Clause Interests And Standing For Judicial Review Of Administrative Lawmaking, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

One of the primary roles of agencies in the modern administrative state is the promulgation of rules and regulations governing primary conduct. Separation of powers and non-delegation concerns have evolved into very weak limits on the scope of agency lawmaking authority. Once the executive branch agencies have acted, Article III courts routinely step in to review the consistency of these regulations with congressional mandates. Particularly in the case of controversial regulations, the lawmaking process is not complete until judicial review. Entities burdened by such regulations--so called “regulatory objects”-- enjoy presumed standing to challenge the scope of agency regulations. Groups of …

Confronting Scientific Reports Under Crawford V. Washington, Bennett L. Gershman

Pace Law Review

No abstract provided.

The Perilous Dialogue, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The master metaphor in the national security dialogue is, indeed, “security or freedom”. It dominates the counterterrorist discourse both in the United States and abroad. Transcripts from debates in Ireland’s Dáil Éireann, Turkey’s Büyük Millet Meclisi, and Australia’s Parliament are filled with reference to the need to weigh the value of liberty against the threat posed by terrorism. Perhaps nowhere is this more pronounced than in the United Kingdom, where, for decades, counterterrorist debates have turned on this framing. Owing in part, though, to different constitutional structures, what “security or freedom” means in America differs from what it means in …

Standing As An Article Ii Nondelegation Doctrine, Tara Leigh Grove

Faculty Publications

No abstract provided.