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Articles 9271 - 9300 of 34975

Full-Text Articles in Constitutional Law

Searching For Cliven Bundy: The Constitution And Public Lands, Ian Bartrum Feb 2018

Searching For Cliven Bundy: The Constitution And Public Lands, Ian Bartrum

Nevada Law Journal Forum

On April 5th, 2014, BLM temporarily closed over 500,000 acres of public land in Clark and Lincoln Counties in order to impound cattle grazing there in violation of a federal district court order. These cattle belonged, principally, to Cliven Bundy and his family—ranchers from Bunkerville, Nevada—who had stopped paying BLM permitting fees in the early 1990s. In anticipation of the roundup, the Bundys put out a distress call to militia-like groups around the country, and seven days later, an armed crowd confronted federal and state officers in the desert near Gold Butte. Another week later, federal authorities backed down, citing …

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An Essay Concerning Some Problems With The Constitutional-Doubt Canon, Benjamin M. Flowers Feb 2018

An Essay Concerning Some Problems With The Constitutional-Doubt Canon, Benjamin M. Flowers

Washington and Lee Law Review Online

The constitutional-doubt canon instructs that statutes should be interpreted in a way that avoids placing their constitutionality in doubt. This canon is often said to rest on the presumption that Congress does not intend to exceed its constitutional authority. That presumption, however, is inconsistent with the notion that government actors tend to exceed their lawful authority—a notion that motivates our constitutional structure, and in particular the series of checks and balances that the Constitution creates. This tension between the constitutional- doubt canon and the Constitution’s structure would be acceptable if the canon accurately reflected the manner in which the public …

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February 20, 2018: Just A Judicial Power Grab, Bruce Ledewitz Feb 2018

February 20, 2018: Just A Judicial Power Grab, Bruce Ledewitz

Hallowed Secularism

Blog post, “Just a Judicial Power Grab“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

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February 17, 2018: Nihilism, Opioid Epidemics And School Shootings, Bruce Ledewitz Feb 2018

February 17, 2018: Nihilism, Opioid Epidemics And School Shootings, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Nihilism, Opioid Epidemics and School Shootings“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

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Standing Under State Search And Seizure Provision: Why The Minnesota Supreme Court Should Have Rejected The Federal Standards And Instead Invoked Greater Protection Under Its Own Constitution In State V. Carter, Rebecca C. Garrett Feb 2018

Standing Under State Search And Seizure Provision: Why The Minnesota Supreme Court Should Have Rejected The Federal Standards And Instead Invoked Greater Protection Under Its Own Constitution In State V. Carter, Rebecca C. Garrett

Maine Law Review

In State v. Carter, the Minnesota Supreme Court considered whether a criminal defendant had “standing” to challenge an alleged search under the Fourth Amendment and Article 1, Section 10 of the Minnesota Constitution. The defendant moved to suppress evidence obtained by a police officer who had peered in the window of an apartment where the defendant was participating in a drug-packaging operation with the apartment's leaseholder. A divided court held that the defendant had a legitimate expectation of privacy in the apartment. Therefore, the defendant had standing to challenge the legality of the police officer's observations pursuant to the Fourth …

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Identifying And Preventing Improper Prosecutorial Comment In Closing Argument, Robert W. Clifford Feb 2018

Identifying And Preventing Improper Prosecutorial Comment In Closing Argument, Robert W. Clifford

Maine Law Review

In recent years, several decisions of the Maine Supreme Judicial Court sitting as the Law Court have addressed the comments of prosecutors in final argument before criminal juries. Three of those decisions in particular have caused concern among prosecutors and have stirred discussion in the Maine legal community. In vacating convictions in State v. Steen, State v. Casella, and State v. Tripp, the Law Court focused on the language used by the prosecutors during closing argument and concluded that those prosecutors impermissibly expressed personal opinion concerning the credibility of the defendants, or witnesses called by the defendants. This Article examines …

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Maine's Sex Offender Registration And Notification Act: Wise Or Wicked?, James A. Billings, Crystal L. Bulges University Of Maine School Of Law Feb 2018

Maine's Sex Offender Registration And Notification Act: Wise Or Wicked?, James A. Billings, Crystal L. Bulges University Of Maine School Of Law

Maine Law Review

The purpose of this Comment is to discuss both the constitutionality and advisability of such sex offender notification statutes with specific reference to Maine's Sex Offender Registration and Notification Act (the SORNA). This Comment will discuss, independent of their constitutionality, the advisability of such statutes on a policy level. It is the Authors' thesis that the SORNA will survive constitutional challenges, but as a means of alleviating the problem of sex offender recidivism in this country, the SORNA and similar statutes fail both in theory and in practice. Alternative approaches based on interdisciplinary study will be suggested.

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"Dignity In Living And In Dying": The Henry H. H. Remak Memorial Lecture, George P. Smith Feb 2018

"Dignity In Living And In Dying": The Henry H. H. Remak Memorial Lecture, George P. Smith

Indiana Journal of Global Legal Studies

This Article derives from the Henry H.H. Remak Memorial Lecture given at the Maurer School of Law, Indiana University on March 22, 2017.

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A Lost Opportunity To Reach A Consensus On Gerrymandering, Bruce Ledewitz Feb 2018

A Lost Opportunity To Reach A Consensus On Gerrymandering, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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February 13, 2018: David Brooks: “It’S Time To Start Something New”, Bruce Ledewitz Feb 2018

February 13, 2018: David Brooks: “It’S Time To Start Something New”, Bruce Ledewitz

Hallowed Secularism

Blog post, “David Brooks: 'it’s time to start something new'." discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

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The Tradition Of Sustantive Judicial Review: A Case Study Of Continuity In Constitutional Jurisprudence, David M. Gold Feb 2018

The Tradition Of Sustantive Judicial Review: A Case Study Of Continuity In Constitutional Jurisprudence, David M. Gold

Maine Law Review

Until the 1970s, scholars routinely asserted that courts in the late nineteenth century initiated a radical reinterpretation of due process of law in their attempt to stem an onrushing tide of legislation designed to regulate business activity. This protection-of-business theory of due process development originated with the efforts of socialist and progressive commentators of the early twentieth century to discredit what they saw as a “revolutionary” transformation of due process from a term of “nominal significance in American constitutional law” into a bulwark of property. Progressive intellectuals assailed the judiciary in similar terms. Yale University president Arthur T. Hadley, an …

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The Law Of Taking Elsewhere And, One Suspects, In Maine, Orlando E. Delogu Feb 2018

The Law Of Taking Elsewhere And, One Suspects, In Maine, Orlando E. Delogu

Maine Law Review

The debate as to the meaning of the Taking Clause in the Fifth Amendment of the United States Constitution seems unending. This short, almost cryptic constitutional provision, “nor shall private property be taken for public use, without just compensation,” has over the years given rise to both court challenges and philosophic debate aimed at parsing out the meaning and parameters of this language. As the need for regulatory controls (imposed by every level of government) has increased, the number of challenges and the stridency of the debate has also increased. Moreover, these challenges have increasingly found their way to the …

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When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler Feb 2018

When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler

Maine Law Review

In his well-known article, Property, Speech, and the Politics of Distrust, Professor Richard Epstein—a leading contemporary voice in the fields of property theory and constitutional law—makes a simple but compelling argument. There has been, he argues, a mistake in “the dominant mode of thinking about property rights during the past fifty years [that] has been ... of constitutional dimensions.” This mistake, in Professor Epstein's view, is the refusal of the federal courts to accord to individual property rights the same kind of protection from government regulation that is accorded to other constitutional rights. Using free speech as his example, Professor …

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Mixed Messages: An Analysis Of The Conflicting Standards Used By The United States Circuit Courts Of Appeals When Awarding The Compensatory Education For A Violation Of The Individuals With Disabilities Education Act, James C. Schwellenbach Feb 2018

Mixed Messages: An Analysis Of The Conflicting Standards Used By The United States Circuit Courts Of Appeals When Awarding The Compensatory Education For A Violation Of The Individuals With Disabilities Education Act, James C. Schwellenbach

Maine Law Review

With the passage of the Education for All Handicapped Children Act (EAHCA) of 1975, now titled the Individuals with Disabilities Education Act (IDEA or the Act), each child with a disability was guaranteed the right to a free and appropriate public education. It fell to the public schools to provide that free and appropriate education to students with disabilities, many of whom had been denied access to public schools prior to that time. It was inevitable that parents would disagree with their local school district, or the state educational agency, as to whether their child was being provided the kind …

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The Maine Civil Rights Act: History, Enforcement, Application, And Analysis, J. Christopher Parr Feb 2018

The Maine Civil Rights Act: History, Enforcement, Application, And Analysis, J. Christopher Parr

Maine Law Review

Since the passage of the “Maine Civil Rights Act” (MCRA, Act) in 1989, the Maine Department of the Attorney General has made enforcement of that civil “hate crime” law one of its highest priorities. According to one statistic, “more than 125 people have been prosecuted in Maine's civil courts on hate crime charges since 1994,” and only two of those actions have been lost by the State. The Attorney General at the time of this writing, Andrew Ketterer, has stated that he takes the perpetration of hate crimes seriously, and that it has been important to him “that the message …

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State Immunity Doctrine: Demoting The Patent System, Charles C. Wong Feb 2018

State Immunity Doctrine: Demoting The Patent System, Charles C. Wong

Maine Law Review

Congress enacted the Patent Remedy Clarification Act (PRCA) in 1992, which authorized patent holders to sue a state for patent infringement in federal court. The PRCA clearly expressed Congress's intent to abrogate Eleventh Amendment state sovereign immunity as required by Atascadero State Hospital v. Scanlon. In 1996, Seminole Tribe v. Florida changed the landscape of congressional power to abrogate state immunity by declaring Congress may do so only if acting pursuant to its powers under section 5 of the Fourteenth Amendment. In his dissent, Justice Stevens forecasted that the Seminole Tribe decision would effectively leave patent holders injured by an …

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Sovereign Immunity And The Crisis Of Constitutional Absolutism: Interpreting The Eleventh Amendment After Alden V. Maine, Matthew Mustokoff Feb 2018

Sovereign Immunity And The Crisis Of Constitutional Absolutism: Interpreting The Eleventh Amendment After Alden V. Maine, Matthew Mustokoff

Maine Law Review

Toward the end of her article, The History of Mainstream Legal Thought, Elizabeth Mensch identifies federalism as a dominant theme in recent Supreme Court decisions. The Court's focus on questions of federalism, however, cannot be directly attributed to the emergence of any specific social or political issues dividing champions of strong central government from defenders of state sovereignty. Instead, the Court's scrutiny seems to have arisen from a perplexing, frustrating, and self-contradictory body of Eleventh Amendment jurisprudence and the perpetual call for judicial clarification it has produced. While the text of the Eleventh Amendment is unambiguous—its language specifically bestows immunity …

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Where The Right Went Wrong In Southworth: Underestimating The Power Of The Marketplace, Clay Calvery Feb 2018

Where The Right Went Wrong In Southworth: Underestimating The Power Of The Marketplace, Clay Calvery

Maine Law Review

When the United States Supreme Court unanimously declared in March 2000 that mandatory student activity fees at public universities do not offend the First Amendment if distributed in viewpoint-neutral fashion, the decision dealt a severe blow to the conservative movement that had both supported the challenge to fee assessments and long railed against a perceived leftist/liberal bias in higher education. The New York Times, acknowledging the political implications of the case, hailed the Court's decision in Board of Regents v. Southworth as “a surprisingly broad and decisive victory for universities on an ideologically charged issue that has roiled higher education.” …

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Life In No Trump: Property And Speech Under The Constitution, Richard A. Esptein Feb 2018

Life In No Trump: Property And Speech Under The Constitution, Richard A. Esptein

Maine Law Review

The editors of the Maine Law Review have been kind enough to offer me the opportunity to respond to Laura Underkuffler's criticism of my work in her recent Godfrey Lecture, “When Should Rights ‘Trump’? An Examination of Speech and Property,” which appears in the preceding issue. In my earlier writings on constitutional law, more specifically, in my paper, Property, Speech and the Politics of Distrust, I took the position that modern Supreme Court jurisprudence had taken a turn for the worse insofar as it used different standards of review in passing on the constitutionality of legislation. The current position, roughly …

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Surrogate Mothers, Gestational Carriers, And A Pragmatic Adaptation Of The Uniform Parentage Act Of 2000, John C. Sheldon Feb 2018

Surrogate Mothers, Gestational Carriers, And A Pragmatic Adaptation Of The Uniform Parentage Act Of 2000, John C. Sheldon

Maine Law Review

Recent medical advances that permit human conception without intercourse, in combination with sociological changes in our country, dramatically enlarge the population of adults who can produce or raise children. The legal price for this broadening of opportunity, however, is a diminishment of certainty: We are no longer sure whom we should identify as a child's parents. These are important questions, of course, because ready answers will quickly dampen disputes about custody and will immediately establish support obligations and the children's eligibility for health insurance, for inheritance, for Workers' Compensation benefits, and for Social Security survivor benefits. But as important as …

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Hate Speech - The United States Versus The Rest Of The World?, Kevin Boyle Feb 2018

Hate Speech - The United States Versus The Rest Of The World?, Kevin Boyle

Maine Law Review

The search for a commonly agreed upon international legal understanding of the meaning of free speech or freedom of expression, as an individual human right, was a major international preoccupation from the 1940s to the 1980s. During the Cold War it was, of course, also a highly ideological debate. There were three positions, broadly speaking: the Soviet Union and its allies, who had little enthusiasm for the idea at all; the United States, which believed in it—many thought—too much; and the rest, the other Western democracies and developing countries, who tried to hold the middle ground. These contrasting positions were …

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Creating Mischief: The Tenth Circuit Declares The Sec’S Administrative Law Judges Unconstitutional In Bandimere V. Securities Exchange Commission, Casey M. Olesen Feb 2018

Creating Mischief: The Tenth Circuit Declares The Sec’S Administrative Law Judges Unconstitutional In Bandimere V. Securities Exchange Commission, Casey M. Olesen

Maine Law Review

Since the passage of the APA, administrative agencies’ use of Administrative Law Judges (ALJs) to preside over hearings has exploded, and now far outpaces the number trials conducted before federal judges. The Securities and Exchange Commission (SEC) is one such agency that heavily utilizes ALJs to conduct their hearings. Recently, following an apparent higher percentage of SEC wins before their own ALJs as compared to before federal judges, a new constitutional challenge on the basis of the Appointments Clause has been brought before several circuits; that the SEC’s ALJs are inferior officers of the SEC, not employees, and therefore are …

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Overawed And Overwhelmed: Juvenile Miranda Incomprehension, Sara P. Cressey Feb 2018

Overawed And Overwhelmed: Juvenile Miranda Incomprehension, Sara P. Cressey

Maine Law Review

Each year approximately one million juveniles in the United States are arrested and read the Miranda warnings. Though studies have shown that the majority of those children do not understand the warnings, most of them must decide alone whether to waive their constitutional rights— and nearly all ultimately make that choice without the help of an attorney. The Supreme Court has recognized that children differ from adults in critical ways, and those differences have important implications for juveniles’ ability to meaningfully waive their Miranda rights. To ensure that juveniles’ constitutional rights are protected, the Supreme Court should take up the …

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“Frankly Unthinkable”: The Constitutional Failings Of President Trump’S Proposed Muslim Registry, A. Reid Monroe-Sheridan Feb 2018

“Frankly Unthinkable”: The Constitutional Failings Of President Trump’S Proposed Muslim Registry, A. Reid Monroe-Sheridan

Maine Law Review

On several occasions during the 2016 presidential campaign, Donald Trump endorsed the creation of a mandatory government registry for Muslims in the United States— not just visitors from abroad, but American citizens as well. This astonishing proposal has received little attention in legal scholarship to date, even though Trump has refused to renounce the idea following his election to the presidency. In this Article, I attempt to address President Trump’ s proposal in several ways. First, I aim to provide a thorough analysis demonstrating unequivocally that such a “ Muslim registry,” with the characteristics President Trump has endorsed, would violate …

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Waiting For Justice, Jeffrey Bellin Feb 2018

Waiting For Justice, Jeffrey Bellin

Popular Media

One man’s seven-year wait for a trial reveals the ways mandatory minimums distort our courts.

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Religion Lessons From Europe: Intolerant Secularism, Pluralistic Neutrality, And The U.S. Supreme Court, Antony Barone Kolenc Feb 2018

Religion Lessons From Europe: Intolerant Secularism, Pluralistic Neutrality, And The U.S. Supreme Court, Antony Barone Kolenc

Pace International Law Review

Case law from the European Court of Human Rights demonstrates to the U.S. Supreme Court how a pluralistic neutrality principle can enrich the American society and harness the value of faith in the public sphere, while at the same time retaining the vigorous protection of individual religious rights. The unfortunate alternative to a jurisprudence built around pluralistic neutrality is the inevitability of intolerant secularism—an increasingly militant separation of religious ideals from the public life, leading ultimately to a repressive society that has no room in its government for religious citizens. The results of intolerant secularism are seen in a recent …

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Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden Feb 2018

Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

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Preserving The ‘Jewel Of Their Souls’: How North Carolina’S Common Law Could Save Cyber-Bullying Statutes, Nick Mcguire Feb 2018

Preserving The ‘Jewel Of Their Souls’: How North Carolina’S Common Law Could Save Cyber-Bullying Statutes, Nick Mcguire

Duke Journal of Constitutional Law & Public Policy Sidebar

In State v. Bishop, the North Carolina Supreme Court struck down the state’s cyber-bullying statute on the grounds that it violated the First Amendment right to freedom of speech. Cyber-bullying, bullying that occurs through electronic technology, has become more prevalent in recent years as much of adolescent life shifts to social media and digital communications. Increasing evidence of cyber-bullying’s negative effects on children has prompted numerous state legislatures to take action. Many states have enacted generic policies for school personnel to take reasonable action to combat cyber-bullying during school hours. This note, however, argues for an alternative approach to …

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Miller, John Goodrum, Sr., 1853-1936 (Mss 629), Manuscripts & Folklife Archives Feb 2018

Miller, John Goodrum, Sr., 1853-1936 (Mss 629), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Collection 629. Writings of John Goodrum Miller, Sr., a lawyer and native of Caldwell County, Kentucky. Includes a family history, a personal memoir, and manuscript chapters on early Kentucky history, English church history, and the U.S. Constitution. Also includes a small amount of material related to The Black Patch War, Miller’s book on the Night Riders.

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Newsroom: Interrogation Expert Warns Against Use Of Torture 2-2-2018, Roger Williams University School Of Law Feb 2018

Newsroom: Interrogation Expert Warns Against Use Of Torture 2-2-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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