Public Law and Legal Theory Commons^™

Impact Of 2001 - 2016 Supreme Court Establishment Clause Cases, Nicole Cumming

Honors Theses

This study will look at United States Supreme Court Establishment Clause cases from 2001-2016. During those 16 years, the Court decided 1,276 cases. Only 10 of those cases dealt with the establishment clause.

At an absolute minimum, the Establishment Clause was intended to prohibit the federal government from declaring and financially supporting a national religion, which existed in many other countries at the time of America's founding. This idea has become vital to the values Americans hold dear. Throughout history, religious freedom and tolerance have been celebrated, and most of that is due to the Establishment Clause. However, there is …

Characterizing Power For Separation-Of-Powers Purposes, Tuan N. Samahon

University of Richmond Law Review

The U.S. Constitution parcels "legislative," "executive," and "judicial" powers among the separate branches of the federal government, but leaves those powers undefined. Accordingly, characterizing exercises of power becomes an important threshold inquiry in separation-of-powers disputes. This symposium Essay canvasses four competing judicial approaches to the characterization of power: functional inquiry; identity-of-the-officer formalism; historical induction; and skepticism. In this area, Justice Scalia's formalism has been particularly influential but created considerable tension with original public meaning originalism. This Essay explains how Scalia's formalism led to his embrace of delegation and concludes by cautioning against judicial oversimplification in the characterization inquiry.

Whose Public Interest Is It Anyway?: Advice For Altruistic Young Lawyers, Patricia M. Wald

Maine Law Review

The Third Annual Frank M. Coffin Lecture on Law and Public Service was held on September 28, 1994. The Honorable Patricia M. Wald, Judge, United States Court of Appeals for the District of Columbia, presented “Whose Public Interest Is It Anyway?: Advice for Altruistic Young Lawyers.”

Justice Edward Godfrey And The "Public Purpose" Decision, Orlando E. Delogu

Maine Law Review

At the end of 1994 Dean Edward S. Godfrey III stepped down from his teaching position as Professor Emeritus of the University of Maine School of Law. In honor of his service to Maine’s only law school, to the Maine Supreme Judicial Court, to the Maine Bar, and to the people of the State of Maine, the Board and Staff dedicate Volume 47 of the Maine Law Review to Dean Edward Godfrey. Reviews by Maine Law School faculty members of Dean Godfrey’s Law Court decisions in several areas of the law follow.

Identity-Based Conflicts In Public Policy: The Case Of Hydraulic Fracturing Policy In Pennsylvania, Alison Peck

Law Faculty Scholarship

Americans are experiencing a communication crisis in public policy-a crisis that has become especially acute since the November 2016 elections. Research shows that Americans increasingly treat their policy views as constitutive of their identities and separate themselves from other groups based on these identities. New solutions are needed in the lawmaking process to soften participants' hardening of their own identities and negative characterizations of other groups. This Article studies one controversy that has proven to be entrenched, if not yet intractable, in many jurisdictions: hydraulic fracturing. The Article examines advances made by scholars of conflict resolution and peace and conflict …

The People Against The Constitution, Aziz Z. Huq

Michigan Law Review

A review of Jan-Werner Müller, What Is Populism?.

Some Theoritical Issues Of Modern Teaching Methods Of Civil Law, Sh.N. Ruzinazarov

Review of law sciences

This article discusses the aspects of the theory and practice of teaching methodology of civil law disciplines, tendences of developing contemporary legal education, scientific-inovative approaches in this sphere, high competence of teachers in legal education and problematic-purposeful issues of legal pedagogics in the process of training highly qualified cadres in legal field of our country

The Role Of Environmental Legal Awareness In Exercising Citizens' Right To A Favorable Environment, M.K. Najimov

Review of law sciences

The article analyzes the role of environmental legal awareness in the realization the rights of citizens to a favorable environment, also the issues of enhancing organizational and legal foundations of forming the environmental legal awareness.

Role Of The Constitutional Court Of The Republic Of Uzbekistan In Interpretation Of Legal Norms, M.M. Abdullayeva

Review of law sciences

the article analyzes the legal position of the Constitutional Court of the Republic of Uzbekistan in comprehending the modern realities, the essence of adopted normative-legal acts, law enforcement practice, and the role and significance of constitutional appeals. Due to the results of the study, scientifically substantiated proposals and recommendations on improving this sphere were suggested.

Civil Society Of Uzbekistan In The Conditions Of Radical Transformations, I.V. Kudryatsev

Review of law sciences

The article focuses on formation processes of bases of civil society in the Republic of Uzbekistan, further development of non-state non-profit organizations and ensuring their activity

Supreme Council Of Judges In Ensuring The Constitutionality Of The Judiciary's Independence, O'. Davletov

Review of law sciences

Article reveals the real independence of judicial authority, securing of openness and publicity of its activity and also the legal basis of increasing the effeciency and prestige of judges activity. Also elucidated important aspects of the law “About supreme council of judges of the Republic of Uzbekistan

The Role And Importance Of The Working Body In The Fight Against Corruption In The Republic Of Uzbekistan, E.A. Djabborov

Review of law sciences

The article considers the role and significance of the Republican interdepartmental Commission against corruption and the working body of the Republic of Uzbekistan, features of legal framework and functions of specialized institutions established in foreign countries

The Main Goal And Strategic Priorities Of Modern Legal Reforms In The Country, I.E Xojanazarov

Review of law sciences

The article studies opinions on reforming the legal sphere, legal system, maintenancing promptly the rights and freedom of citizens, the further formation of a civil society

Implementation Of The Welfare Of The Republic Of Uzbekistan On Social Partnership: Current Issues And Ways To Solve Them, Sh.U. Yakubov

Review of law sciences

This article analyzes the Law of the Republic of Uzbekistan “On Social Partnership” and its implementation. Specific proposals and recommendations on certain problems arising in the execution of this law and the measures of their solution have been suggested

The Beginning Of The End: Implications Of Violating Userra, Jessica Vasil

DePaul Journal for Social Justice

No abstract provided.

Legislative, Executive, And Judicial Shaping Of The Foreign Intelligence Surveillance Act (Fisa) And The Need For A Cleared Federal Public Defender, Max W. Rerucha

DePaul Journal for Social Justice

No abstract provided.

A Treatise On International Development Law, David H. Lempert

DePaul Journal for Social Justice

No abstract provided.

Lost In Trans*-Lation: Why Title Vii Jurisprudence Fails To Address Issues Of Gender Identity In Employment Discrimination Litigation, Samantha Grund-Wickramasekera

DePaul Journal for Social Justice

No abstract provided.

The Detainment Of Families: Moral Implications Lacking In Legal Justifications, Stephanie Costa

DePaul Journal for Social Justice

No abstract provided.

The Dilemma Of Judicial Appointment In Egypt Questions Of Gender Equality, Elimination Of Political Opposition And Underprivileged Citizens, Shams Al Din Al Hajjaji

DePaul Journal for Social Justice

No abstract provided.

Letter From The Editors, Editorial Board

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents, Editorial Board

DePaul Journal for Social Justice

No abstract provided.

The Unanswered Conundrum: Inconclusive Record And The Burden Of Proof For Immigration Relief, Yanie Yuan

Richmond Public Interest Law Review

In 2017, the Ninth Circuit Court of the United States decided a case of an undocumented noncitizen that went against United States Su- preme Court precedent. The appellant in Marinelarena v. Sessions was removed despite the fact that she had not been convicted of any crimes. This comment examines the arguments and strategies of the case that the judges relied upon in their opinion.

2017 Symposium Lecture: Special Immigrant Juvenile Status In Virginia, Madeline Taylor Diaz

Richmond Public Interest Law Review

No abstract provided.

2017 Symposium Keynote Address, Shahan Mufti

Richmond Public Interest Law Review

No abstract provided.

2017 Symposium Panel Discussion: The Life Of An Immigration Attorney, William Benos, Tanishka V. Cruz, Cori Alonso-Yoder, Naureen Hyder, Ashley Shapiro

Richmond Public Interest Law Review

No abstract provided.

2017 Symposium Lecture: Economic Impact Of Immigration Regulations, Lakshmi Challa

Richmond Public Interest Law Review

No abstract provided.

2017 Symposium Lecture: Challenges Of Working With Immigrant Farmers In The Trump Administration, Margaret Hennessy

Richmond Public Interest Law Review

No abstract provided.

The Criminalization Of The Immigration System: The Dehumanizing Impact Of Calling A Person "Illegal", Ashley R. Shapiro

Richmond Public Interest Law Review

In the context of immigration, words matter. The increasingly used term “criminal alien” is not only used as an adjective to define a noncitizen who has committed a crime, but it also acts as a descrip- tion of his or her personhood. The use of the term “illegals,” which is the shortened version of “illegal alien,” is pervasive in the media as well as policy debate. In Part I, this paper discusses the evolution of the immigration system in the United States from a discretionary and humanitarian system to a criminalized process. In Part II, this paper examines the convergence …

Five Steps To A Better U: Improving The Crime-Fighting Visa, Jason A. Cade, Meghan L. Flanagan

Richmond Public Interest Law Review

Congress created the U nonimmigrant status to assist noncitizen vic- tims of serious crime and to encourage them to assist law enforce- ment in the investigation of that crime. Despite these laudable goals, the process has been flawed since the outset. U visas were capped at 10,000 per year, eventually precipitating a multi-year backlog that diminishes the incentive to report crime for persons who fear depor- tation. Of particular importance, the willingness of law enforcement officers to provide a certification of helpfulness—a mandatory com- ponent of an application for U status—varies tremendously across agencies. Eligibility for U status is thus …