Red-Flag Laws, Civilian Firearms Ownership And Measures Of Freedom,
2023
University of Missouri School of Law
Red-Flag Laws, Civilian Firearms Ownership And Measures Of Freedom, Royce De R. Barondes
Faculty Publications
This essay provides context for an assessment of a part of the recently-enacted Bipartisan Safer Communities Act--federal legislation funding state red-flag procedures, which allow for seizures of firearms from persons who have not committed crimes.
First, it assesses Maryland’s experience during the first year of implementing these procedures. The essay details computations, extrapolating from Maryland’s first-year experience, showing that adoption of these statutes causes blameless persons to be subject to being killed by the government at a rate comparable to or in excess of the murder rate.
Second, the essay identifies an overlooked impact of this federal legislation ...
Macro-Judging And Article Iii Exceptionalism,
2023
University of Florida Levin College of Law
Macro-Judging And Article Iii Exceptionalism, Merritt E. Mcalister
UF Law Faculty Publications
Over the last half-century, the federal courts have faced down two competing crises: an increase in small, low-value litigation thought unworthy of Article III attention and an increase in the numbers and complexity of “big” cases thought worthy of those resources. The choice was what to prioritize and how, and the answer the courts gave was consistent across all levels of the federal judiciary. Using what this Article calls “macro-judging,” Article III judges entrenched their own power and autonomy to focus on the work they deemed most “worthy” of their attention, while outsourcing less “important” work to an array of ...
Racial Transitional Justice In The United States,
2023
Allard School of Law at the University of British Columbia
Racial Transitional Justice In The United States, Yuvraj Joshi
All Faculty Publications
For years, the United States government has endorsed transitional justice approaches abroad while ignoring the need for transitional justice at home. Recently, racial justice uprisings have shifted U.S.-based discussions of transitional justice, from gazing outward toward the international community to attending to the legacies of slavery, segregation, and white supremacy at home. This chapter demonstrates that the centuries-long oppression of Black Americans is precisely the kind of massive human rights violation that necessitates a systematic transitional justice response. Using historical, legal, and comparative analyses, it reveals that the United States has employed its own versions of transitional justice ...
On Fires, Floods, And Federalism,
2023
University of Florida Levin College of Law
On Fires, Floods, And Federalism, Andrew Hammond
UF Law Faculty Publications
In the United States, law condemns poor people to their fates in states. Where Americans live continues to dictate whether they can access cash, food, and medical assistance. What’s more, immigrants, territorial residents, and tribal members encounter deteriorated corners of the American welfare state. Nonetheless, despite repeated retrenchment efforts, this patchwork of programs has proven remarkably resilient. Yet, the ability of the United States to meet its people’s most basic needs now faces an unprecedented challenge: climate change. As extreme weather events like wildfires and hurricanes become more frequent and more intense, these climate-fueled disasters will displace and ...
Bottom-Rung Appeals,
2023
University of Florida Levin College of Law
Bottom-Rung Appeals, Merritt E. Mcalister
UF Law Faculty Publications
There are haves and have-nots in the federal appellate courts, and the haves get more attention. For decades the courts have used a triage regime where they distribute judicial attention selectively: some appeals receive a lot of judicial attention, some appeals receive barely any. What this work unearths is that this triage system produces demonstrably unequal results depending on the circuit handling the appeal and whether the appellant has counsel or not. Together, these two factors produce dramatic disparities: in one circuit, for example, an unrepresented appellant receives, on average, a decision less than a tenth the length of a ...
Lower Court Originalism,
2022
Boston College Law School
Lower Court Originalism, Ryan C. Williams
Boston College Law School Faculty Papers
Originalism is among the most significant and contentious topics in all of constitutional law and has generated a massive literature addressing almost every aspect of the theory. But curiously absent from this literature is any sustained consideration of the distinctive role of lower courts as expositors of constitutional meaning and the particular challenges that such courts may confront in attempting to incorporate originalist interpretive methods into their own decisionmaking. Like most constitutional theories, originalism has tended to focus myopically on a select handful of decisionmakers—paradigmatically, the Justices of the Supreme Court—as the principal expositors of constitutional meaning. While ...
Textualism And The Indian Canons Of Statutory Construction,
2022
University of Utah S.J. Quinney College of Law
Textualism And The Indian Canons Of Statutory Construction, Alex Tallchief Skibine
University of Michigan Journal of Law Reform
When interpreting statutes enacted for the benefit or regulation of Indians or construing treaties signed with Indian nations, courts are supposed to apply any of five specific canons of construction relating to Indian Affairs. Through examining the modern line of Supreme Court cases involving statutory or treaty interpretation relating to Indian nations, this Article demonstrates that the Court has generally been faithful in applying canons relating to treaty interpretation or abrogation. The Court has also respected the canon requiring unequivocal expression of congressional intent before finding an abrogation of tribal sovereign immunity. However, there are two other canons that the ...
The Presidential Succession Act At 75 | The 1947 Act And The Judiciary: Would The Courts Decide Who Is President?,
2022
O'Mulveny & Myers
The Presidential Succession Act At 75 | The 1947 Act And The Judiciary: Would The Courts Decide Who Is President?, Gregory F. Jacob
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and ...
The Presidential Succession Act At 75 | The Twentieth Amendment, The Presidential Succession Act Of 1947, And Pre-Inaugural Problems,
2022
Michigan State University College of Law
The Presidential Succession Act At 75 | The Twentieth Amendment, The Presidential Succession Act Of 1947, And Pre-Inaugural Problems, Brian C. Kalt
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and ...
The Presidential Succession Act At 75 | A Defense Of The Legislative “Officer” Succession Provisions,
2022
Maynooth University School of Law and Criminology
The Presidential Succession Act At 75 | A Defense Of The Legislative “Officer” Succession Provisions, Seth Barrett Tillman
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and ...
The Presidential Succession Act At 75 | History Of The Legislative Succession Provisions In The Presidential Succession Act Of 1947,
2022
Saint Louis University School of Law
The Presidential Succession Act At 75 | History Of The Legislative Succession Provisions In The Presidential Succession Act Of 1947, Joel K. Goldstein
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and ...
The Presidential Succession Act At 75 | The Relationship Between The Presidential Succession Act Of 1947 And The Twenty-Fifth Amendment,
2022
Fordham University School of Law
The Presidential Succession Act At 75 | The Relationship Between The Presidential Succession Act Of 1947 And The Twenty-Fifth Amendment, John Rogan
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and ...
The Presidential Succession Act At 75 | Opening Address,
2022
Fordham University School of Law
The Presidential Succession Act At 75 | Opening Address, John D. Feerick
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and ...
The Status Of The Saudi Political System Among Contemporary Political Systems: A Comparative Study,
2022
Postgraduate Student - Qassim University - Kingdom of Saudi Arabia
The Status Of The Saudi Political System Among Contemporary Political Systems: A Comparative Study, Nashmaih Mohammad Al-Otaibi Ms.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
This study has dealt with explanation and analysis of the position of Saudi political system among contemporary political systems. This necessitated dealing with the relationship among authorities in Saudi political system, in addition to verification through investigating in relationship among authorities in general.
The research depth of this study lies in discussing the legal adaptation of Saudi political system through investigating its distinctive characteristics, then comparing it to other contemporary political systems in order to recognize conformity of description with anyone of them.
The study indicated the uniqueness of Saudi political system in obvious, stable characteristics that make it a ...
The Right To Happiness Between Legal Basis And Judicial Practice: A Comparative Constitutional Study,
2022
Assistant Professor-Public Law-College of Law- UAEU
The Right To Happiness Between Legal Basis And Judicial Practice: A Comparative Constitutional Study, Tarek Abo El Wafa Dr.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The title of our research may surprise or astonish some people, as happiness, in fact, is something that is sought inside the man’s body, which makes it searched for and studied as a psychological and philosophical matter, not a legal one. However, this matter is aroused in the western legal jurisprudence a long time ago in terms of acknowledging it as one of the human rights. In reality, we can say that the supposed purpose of every law and every right embodies in achieving happiness for man. In other words, we can say that law and right are originally ...
The Dobbs Effect: Abortion Rights In The Rear-View Mirror And The Civil Rights Crisis That Lies Ahead,
2022
William & Mary Law School
The Dobbs Effect: Abortion Rights In The Rear-View Mirror And The Civil Rights Crisis That Lies Ahead, Terri Day, Danielle Weatherby
William & Mary Law Review Online
On June 24, 2022, seven weeks after the first-ever leak of a draft opinion, the United States Supreme Court circulated its decision in Dobbs v. Jackson Women’s Health Organization, defying stare decisis, overruling fifty years of precedent, and shattering the hopes of millions of Americans, who wished the leaked opinion was a fiction that would never come to be.
As the leaked draft forewarned, Roe v. Wadeis no longer the law of the land. No longer is a woman’s right to terminate a pregnancy—to exercise bodily autonomy and be free to control the trajectory of her life ...
Two Approaches To Equality, With Implications For Grutter,
2022
Boston University School of Law
Two Approaches To Equality, With Implications For Grutter, Keith N. Hylton
Faculty Scholarship
The question “what is equality?”, applied to the distribution of resources across races, suggests the following answer: when there appears to be no need for a policy that focuses on improving the welfare of one race relative to another. There is another way to approach the same question: equality is when traditionally-recognized paths to advancement do not give preference to or disadvantage an individual because of his race. Notice the difference here is between end-state and process-based notions of equality, a distinction Nozick emphasized in his examination of justice in distribution. Nozick rejected end-state theories of justice in distribution. I ...
Where There Is A Right, There Is A Remedy—Or Is There?,
2022
Saint Louis University School of Law
Where There Is A Right, There Is A Remedy—Or Is There?, Grace Panicola
SLU Law Journal Online
Courts have repeatedly declined to allow causes of actions under the Constitution when Plaintiffs’ constitutional rights are violated by government officials. In this article, Grace Panicola discusses a pocket of governmental immunity that creates serious implications for Plaintiffs as they ultimately face inadequate remedies.
More On The Varying Meanings Of “Congress” And “Legislature”,
2022
Benjamin N. Cardozo School of Law
More On The Varying Meanings Of “Congress” And “Legislature”, Michael Herz
Online Publications
In a recent Election Law Blog post regarding the Independent State Legislature doctrine, Rick Pildes observes that the term “Congress” in the U.S. Constitution sometimes means Congress acting alone and sometimes means Congress acting through legislation. Given that, it makes perfect sense that the term “legislature” can also sometimes mean the one and sometimes the other. I agree. This post just expands the intratextual analysis.
2022 Justice Festival Program: Breakout Sessions,
2022
Morehead State University
2022 Justice Festival Program: Breakout Sessions, Caudill College Of Arts, Humanities, And Social Sciences
Justice Festival at Morehead State University
2022 Justice Festival Program: Breakout Sessions Program.
