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Articles 601 - 630 of 929
Full-Text Articles in Law and Politics
Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon
Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon
St. Mary's Law Journal
Abstract forthcoming
The Senate Blue-Slip Process As It Bears On Proposals To Split The Ninth Circuit, Wyatt Kozinski
The Senate Blue-Slip Process As It Bears On Proposals To Split The Ninth Circuit, Wyatt Kozinski
Journal of Legislation
No abstract provided.
Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll
Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll
Maine Law Review
Each day when I go to my study, I see a wood block print of two owls gazing at me with unblinking eyes. Ever alert, they remind me of the artist, who in his neat, fine hand, titled the print “Deux Hiboux,” inscribed it to the recipients and signed it simply “FMC 8-2-87.” In addition to his talents as an artist and friend in all seasons, FMC was a remarkable public servant in all three branches of the federal government and, with his friend and colleague Edmund S. Muskie, a creative political reformer for the State of Maine. Throughout his …
The Core Case For Weak-Form Judicial Review, Rosalind Dixon
The Core Case For Weak-Form Judicial Review, Rosalind Dixon
Cardozo Law Review
This Article contributes to debates over the democratic desirability of judicial review, by stating a quasi-general case for the desirability of judicial review that is "weak"-or broad but non-final-rather than "strong"-form in nature. Judicial review of this kind, the article argues, can help counter blockages in the legislative process-such as legislative "blind spots" and "burdens of inertia"-that can otherwise impair the enjoyment of individual rights even of a kind recognized by democratic majorities. This, the Article suggests, provides an important, if contingent, outcome-based case in favor of courts exercising powers of weak-form review. The case for weak judicial review of …
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Tailored Judicial Selection, Dmitry Bam
Tailored Judicial Selection, Dmitry Bam
University of Arkansas at Little Rock Law Review
No abstract provided.
In Defense Of Popular Elections, Former Justice Robert L. Brown
In Defense Of Popular Elections, Former Justice Robert L. Brown
University of Arkansas at Little Rock Law Review
No abstract provided.
Judicial Elections And Issue Advertising: A Two-State Study, Christopher Terry, Mitchell T. Bard
Judicial Elections And Issue Advertising: A Two-State Study, Christopher Terry, Mitchell T. Bard
University of Arkansas at Little Rock Law Review
No abstract provided.
Living With Judicial Elections, Raymond J. Mckoski
Living With Judicial Elections, Raymond J. Mckoski
University of Arkansas at Little Rock Law Review
No abstract provided.
Putting Equality To A Vote: Individual Rights, Judicial Elections, And The Arkansas Supreme Court, Billy Corriher
Putting Equality To A Vote: Individual Rights, Judicial Elections, And The Arkansas Supreme Court, Billy Corriher
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Why Amending The Consitution To Overrule Citizens United Is The Wrong Way To Fix Campaign Finance In The United States, Zachary Hale
University of Arkansas at Little Rock Law Review
No abstract provided.
Enhanced Campaing Finance Disclosure And Recusal Rules To Offset The Influence Of Dark Money In State Supreme Court Elections, Cathy R. Silak, Emily Siess Donnellan
Enhanced Campaing Finance Disclosure And Recusal Rules To Offset The Influence Of Dark Money In State Supreme Court Elections, Cathy R. Silak, Emily Siess Donnellan
University of Arkansas at Little Rock Law Review
No abstract provided.
Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster
Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster
Georgia State University Law Review
Money matters in the justice system. If you can afford to purchase your freedom pretrial, if you can afford to immediately pay fines and fees for minor traffic offenses and municipal code violations, if you can afford to hire an attorney, your experience of the justice system both procedurally and substantively will be qualitatively different than the experience of someone who is poor. More disturbingly, through a variety of policies and practices—some of them blatantly unconstitutional—our courts are perpetuating and criminalizing poverty. And when we talk about poverty in the United States, we are still talking about race, ethnicity, and …
Dueling Grants: Reimagining Cafa’S Jurisdictional Provisions, Tanya Pierce
Dueling Grants: Reimagining Cafa’S Jurisdictional Provisions, Tanya Pierce
Georgia State University Law Review
More than a decade after Congress passed the Class Action Fairness Act of 2005 (CAFA), courts continue to disagree as to its application and meaning in a variety of situations, many of which have wide-ranging effects. This article considers a fundamental issue that arises after a certification decision is reached: whether a court’s subject matter jurisdiction under CAFA depends on a class being certified. Specifically, the article considers what happens when a federal court’s subject matter jurisdiction derives solely from CAFA’s minimal diversity jurisdiction provision and a request for class certification under Federal Rule of Civil Procedure 23 (Rule 23) …
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
Senior Honors Theses
Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …
Reciprocal Legitimation In The Federal Courts System, Neil S. Siegel
Reciprocal Legitimation In The Federal Courts System, Neil S. Siegel
Faculty Scholarship
Much scholarship in law and political science has long understood the U.S. Supreme Court to be the “apex” court in the federal judicial system, and so to relate hierarchically to “lower” federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the “percolation” of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and other …
Emerging Constitutional Conflicts And The Role Of Courts, John M. Greabe
Emerging Constitutional Conflicts And The Role Of Courts, John M. Greabe
Law Faculty Scholarship
[Excerpt] "When a court exercises judicial review, it tells Congress, the executive branch or a state to refrain from action that is under way or to take some action that is not being taken. Either way, a democratically accountable institution is told that it cannot do what the people (presumably) want it to do, or that it must do what the people (presumably) do not want it to do."
Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine Baker
Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine Baker
All Faculty Scholarship
Part I of this article introduces the tension between constitutionally protected parental autonomy rights and functional parent doctrine by examining the constitutional rights of parents. This examination demonstrates how the marital status of a parent has a substantial impact on the strength of that parent's constitutional rights. In cases in which there are two unmarried (never married or divorced) parents, neither parent has particularly robust constitutionally protected autonomy rights because both parents have competing constitutional rights that must be balanced against each other. Each parent has the right to invoke a court's jurisdiction in vindication of his or her own …
The President's Role In Advancing Criminal Justice Reform, Barack Obama
The President's Role In Advancing Criminal Justice Reform, Barack Obama
United States Department of Justice: Publications
Criminal justice is a complex system, administered at all levels of government and shaped by a range of actors. Thanks to the dedicated efforts of so many in my Administration, the bipartisan push for reform from federal, state, and local officials, and the work of so many committed citizens outside government, America has made important strides. We have reduced overlong sentences for offenders and removed barriers for those with criminal records. We have made progress in helping people, especially young people, avoid getting entangled in the justice system in the first place. This Commentary talks about those achievements — and …
The Texas Supreme Court Retreats From Protecting Texas Students, Albert Kauffman
The Texas Supreme Court Retreats From Protecting Texas Students, Albert Kauffman
The Scholar: St. Mary's Law Review on Race and Social Justice
This Article criticizes the 2016 Texas Supreme Court school finance decision, the latest of seven decisions starting in 1989, for its disregard of both the record in the case and the realities of the Texas Constitution and Texas politics. The Article also focuses on how standards for reviewing legislation have changed and the Texas Supreme Court's irrational and unfounded retreat to the "money doesn't make a difference" theory of school finance. Finally, the Article recommends a return to an objective, comprehensible, enforceable and constitutional system of review, and concludes with a prayer for holdings that recognize the inequities of the …
The Supreme Court Of Canada And Federalism: Does / Should Anyone Care Anymore?, A. Wayne Mackay
The Supreme Court Of Canada And Federalism: Does / Should Anyone Care Anymore?, A. Wayne Mackay
Articles, Book Chapters, & Popular Press
Federalism is still a relevant and vital aspect of Canadian Constitutional Law. Although a lower profile aspect than the Charter of Rights and Aboriginal rights (and in common parlance less "sexy"), the division of powers continues to an important part of the work of the Supreme Court of Canada and part of what defines us as a nation. The author argues that the Supreme Court has pursued an increasingly contextualized approach to division of powers issues - one that abandons the arid legalism of earlier days, in favour of a broad social analysis of issues based on extensive use of …
Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin
Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Online Dispute Resolution: Stinky, Repugnant, Or Drab, Robert J. Condlin
Online Dispute Resolution: Stinky, Repugnant, Or Drab, Robert J. Condlin
Cardozo Journal of Conflict Resolution
In Part II, I provide a brief overview of ODR systems, describing the largest, most well-known, and most sophisticated platforms now in place, to give the reader a sense of the- richness, variety, and benefits of online disputing, and a hint of developments still to come. In Part III, I describe certain legal, political, and moral concerns that have yet to be addressed in the ODR literature, and identify some of the unintended consequences the widespread adoption of ODR systems might produce. And in Part IV, I describe ODR's unfinished agenda, the questions proponents of the process must answer, and …
Confirm Myra Selby For The Seventh Circuit, Carl W. Tobias
Confirm Myra Selby For The Seventh Circuit, Carl W. Tobias
Indiana Law Journal
This Article canvasses Myra Selby’s dynamic professional record, the federal judicial selection process under President Obama, and the Seventh Circuit. It ascertains that Selby is an exceptionally competent, mainstream prospect and that the appellate court requires all of its members to deliver justice. However, Republican senators did not collaborate, particularly after they had captured a Senate majority—a circumstance that this presidential election year aggravates. The last section, therefore, proffers recommendations for Selby’s prompt Senate consideration and confirmation.
Doing Gloss, Curtis A. Bradley
Doing Gloss, Curtis A. Bradley
Faculty Scholarship
It is common for courts, the political branches, and academic commentators to look to historical governmental practices when interpreting the separation of powers. There has been relatively little attention, however, to the proper methodology for invoking such “historical gloss.” This Essay contends that, in order to gain traction on the methodological questions, we need to begin by considering the potential justifications for crediting gloss. For judicial application of gloss, which is this Essay’s principal focus, there are at least four such justifications: deference to the constitutional views of nonjudicial actors; limits on judicial capacity; Burkean consequentialism; and reliance interests. As …
Opposing International Justice: Kenya’S Integrated Backlash Strategy Against The Icc, Laurence R. Helfer, Anne E. Showalter
Opposing International Justice: Kenya’S Integrated Backlash Strategy Against The Icc, Laurence R. Helfer, Anne E. Showalter
Faculty Scholarship
The government of Kenya has employed a wide range of strategies to undermine the recently-dismissed prosecutions of President Uhuru Kenyatta and Deputy President William Ruto before the International Criminal Court (ICC). This Article argues that these strategies are part of an integrated backlash campaign against the ICC, one that encompasses seemingly unrelated actions in multiple global, regional and national venues. We identify three overarching themes that connect these diverse measures— politicizing complementarity, regionalizing political opposition, and pairing instances of cooperation and condemnation to diffuse accusations of impunity. By linking its discrete acts of opposition to these three themes, the government …
What If The International Criminal Court Could Prosecute President Al-Assad For The Chemical Weapon Attacks In Ghouta?, Paul Cho
St. Mary's Law Journal
Abstract forthcoming.
Sub-Regional Courts In Africa: Litigating The Hybrid Right To Freedom Of Movement, Laurence R. Helfer
Sub-Regional Courts In Africa: Litigating The Hybrid Right To Freedom Of Movement, Laurence R. Helfer
Faculty Scholarship
Human rights attorneys and civil society groups in Africa have recently focused their advocacy efforts on sub-regional courts associated with economic integration communities in East, West and Southern Africa. The East African Court of Justice (EACJ), the Court of Justice of the Economic Community of West African States (ECOWAS), and the Tribunal of the Southern African Development Community (SADC) have received few suits challenging trade restrictions and other barriers to sub-regional integration. Instead, and surprisingly, the courts’ dockets are dominated by complaints alleging violations of international human rights law.
This article offers the first analysis of EACJ, ECOWAS Court and …
Reciprocal Legitimation In The Federal Courts System, Neil S. Siegel
Reciprocal Legitimation In The Federal Courts System, Neil S. Siegel
Faculty Scholarship
Much scholarship in law and political science has long understood the U.S. Supreme Court to be the “apex” court in the federal judicial system, and so to relate hierarchically to “lower” federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the “percolation” of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and other …
Judicial Activism In State Supreme Courts: Institutional Design And Judicial Behavior, Stefanie A. Lindquist
Judicial Activism In State Supreme Courts: Institutional Design And Judicial Behavior, Stefanie A. Lindquist
Scholarship@WashULaw
How governments and the electorate choose to structure judicial institutions has implications for the rule of law. In the state context, for example, judicial elections were instituted precisely because reformers expected elected judges to counter legislative action more vigorously through the power of judicial review. But when judges invalidate statutes more frequently, they reduce law’s predictability and stability. The same can be said for decisions overruling precedent: frequent overrulings undermine the norm of stare decisis and destabilize the legal status quo. These behaviors may also be viewed by some observers as more “activist” than those that defer to legislative judgments …