State Constitutional Law Declares Its Independence: Double Protecting Rights During A Time Of Federal Constitutional Upheaval,
2022
UC Law SF
State Constitutional Law Declares Its Independence: Double Protecting Rights During A Time Of Federal Constitutional Upheaval, Scott L. Kafker
UC Law Constitutional Quarterly
No abstract provided.
History And Tradition Or Fantasy And Fiction: Which Version Of The Past Will The Supreme Court Choose In Nysrpa V. Bruen?,
2022
UC Law SF
History And Tradition Or Fantasy And Fiction: Which Version Of The Past Will The Supreme Court Choose In Nysrpa V. Bruen?, Saul Cornell
UC Law Constitutional Quarterly
No abstract provided.
Faq On The New York State Equality Amendment,
2022
Columbia Law School
Faq On The New York State Equality Amendment, Center For Gender And Sexuality Law
Center for Gender & Sexuality Law
Adopted in 1938, the New York State Constitution’s equality protections fall far short of a modern notion of equality that would protect the rights of all New Yorkers. Legislation currently pending in the New York Legislature would update the state’s constitution by prohibiting forms of discrimination that are currently unrecognized by the law.
Masthead,
2022
UC Law SF
Unintentional Destruction: Torres V. Madrid, In Defining A Fourth Amendment Seizure Of The Person As A Common Law Arrest, Turned Terry V. Ohio Into Collateral Damage, George M. Dery Iii
UC Law Constitutional Quarterly
This article analyzes Torres v. Madrid, in which the Supreme Court ruled an officer seized a person when he shot her, even though the suspect temporarily eluded capture after the shooting. This work examines the logical implications of Torres’s reasoning. Torres equated a Fourth Amendment seizure of the person with a common law arrest and defined an arrest to include an officer’s slightest touching of a person, even with only a finger. This article asserts that the force of Torres’s logic has elevated the Terry stop and frisk to a full arrest because Terry’s intrusion involves official touching and control …
Texas Statute Conferring Jurisdiction On District Courts Over Election Contests Is Inapplicable To Contests Of Congressional Election.,
2022
St. Mary's University
Texas Statute Conferring Jurisdiction On District Courts Over Election Contests Is Inapplicable To Contests Of Congressional Election., Susan G. Wright
St. Mary's Law Journal
Abstract Forthcoming.
Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War,
2022
CUNY Graduate Center
Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain
Dissertations, Theses, and Capstone Projects
How far can a democracy go to protect itself without jeopardizing the liberties upon which democracy depends? This dissertation examines why wartime restrictions on civil liberties outlive their original justifications. Through a comparative historical analysis of five major American wars, it illustrates the decisive role of the U.S. Congress in preserving these restrictions during peacetime. This argument challenges the prevailing consensus in the literature, which identifies wartime executive power as the main threat to postwar freedoms. It also reveals broader narratives of American constitutional development, including the rise and fall of intrusive congressional investigations, the decline of sedition legislation since …
Tackling The Qualified Immunity Problem With State Law,
2022
University of Nevada, Las Vegas -- William S. Boyd School of Law
Tackling The Qualified Immunity Problem With State Law, Andréa Vieira, Addie C. Rolnick, Anona Su
Nevada Law Journal
No abstract provided.
State Is Required Under Texas Forfeiture Staute To Assume Burden Of Proving Proceeds Were Used In Gambling Activity.,
2022
St. Mary's University
State Is Required Under Texas Forfeiture Staute To Assume Burden Of Proving Proceeds Were Used In Gambling Activity., Curtis Vaughan Iii
St. Mary's Law Journal
Abstract Forthcoming.
Book Review: The Mighty Roe Has Fallen (Probably): A Call To Action As An Antidote To Despair,
2022
Brooklyn Law School
Book Review: The Mighty Roe Has Fallen (Probably): A Call To Action As An Antidote To Despair, Loreen Peritz
Journal of Law and Policy
Reviewing CONTROLLING WOMEN: WHAT WE MUST DO NOW TO SAVE REPRODUCTIVE FREEDOM. By Kathryn Kolbert & Julie Kay. New York, NY: Hachette Books, 2021. 304 pp., $29.00
Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”,
2022
Brooklyn Law School
Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta
Journal of Law and Policy
The Black Lives Matter protests in 2020 and ongoing reports of police brutality around the United States sparked extensive debate over qualified immunity and the legal protections that prevent police accountability. Individuals experiencing mental health crises are especially vulnerable to police violence, since police officers lack the requisite skills and knowledge to provide effective crisis support during mental health emergencies. Although the state-created danger doctrine was created by the courts as an exception to qualified immunity, it is so rarely applied that individuals harmed or even killed by police are left without legal remedy. This Note explores qualified immunity and …
Smith's Last Stand? Free Exercise And Foster Care Exceptionalism,
2022
William & Mary Law School
Smith's Last Stand? Free Exercise And Foster Care Exceptionalism, James G. Dwyer
Faculty Publications
Part I first situates Fulton [Fulton v. City of Philadelphia] within two broader contexts—the clash between social equality rights for sexual minorities and religious freedom, and a pattern of eliding children from legal contests over their lives. It then explains why the standard constitutional framing of social equality versus religious freedom contests is improper when the state is acting as guardian and proxy for children or other non-autonomous persons. Part II sets out a proper framework for analyzing these conflicts, elucidating the scope and nature of the state’s parens patriae authority—a lacuna in constitutional jurisprudence. Part III applies …
Separated At Baptism: What The Mortara Case Can Teach Us About The Rejection Of Natural Justice By Integralists And Progressives,
2022
Brigham Young University Law School
Separated At Baptism: What The Mortara Case Can Teach Us About The Rejection Of Natural Justice By Integralists And Progressives, Francis J. Beckwith
BYU Law Review
No abstract provided.
Praying For America: The Anti-Theocracy And Equal Status Principles Of The Free Exercise, Equal Protection And Establishment Clauses,
2022
Brigham Young University Law School
Praying For America: The Anti-Theocracy And Equal Status Principles Of The Free Exercise, Equal Protection And Establishment Clauses, Corey Brettschneider
BYU Law Review
In this essay I argue that the Constitution’s Equal Protection, Establishment, and Free Exercise Clauses share common principled limits on the role that religion can play in public life. Specifically, drawing on the free-exercise case of Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, the equal protection case of Romer v. Evans, and the establishment clause case of Town of Greece v. Galloway, I propose two principles to describe the proper place of religious justification as a basis for law. The first requirement is that in addition to any religious reasons for laws, the state must have …
Political Partisanship And Sincere Religious Conviction,
2022
Brigham Young University Law School
Political Partisanship And Sincere Religious Conviction, Mark Satta
BYU Law Review
In order for a religious conviction to receive protection under the First Amendment or the Religious Freedom Restoration Act (RFRA), it must be a sincere religious conviction. Some critics of the Supreme Court’s ruling in Burwell v. Hobby Lobby have suggested that the plaintiffs in that case and in related cases were motivated more by political ideology than by sincere religious conviction. The remedy, they argue, is for courts to be quicker to scrutinize claims of religious sincerity. In this Article, I consider another possibility—namely, that current sociopolitical partisanship in the United States has eroded a clear distinction between political …
Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment,
2022
Brigham Young University Law School
Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.
BYU Law Review
No abstract provided.
Kewenangan Daerah Dalam Negara Kesatuan Republik Indonesia,
2022
Commission for the Study of State Constitutional of the People's Consultative Assembly of the Republic of Indonesia
Kewenangan Daerah Dalam Negara Kesatuan Republik Indonesia, Ahmad Farhan Hamid, Saripudin Saripudin
Jurnal Konstitusi & Demokrasi
This paper describes the development of the authority of the regional government in governmental affairs, and it closed by an effort to see the future of regional autonomy in the unity state of Indonesia.
Mekanisme Penetapan Ambang Batas (Threshold) Terhadap Stabilitas Sistem Presidensial Dan Sistem Multipartai Sederhana Di Indonesia,
2022
Faculty of Law, University of Indonesia
Mekanisme Penetapan Ambang Batas (Threshold) Terhadap Stabilitas Sistem Presidensial Dan Sistem Multipartai Sederhana Di Indonesia, Songga Aurora Abadi, Fitra Arsil
Jurnal Konstitusi & Demokrasi
This journal discusses the Threshold Mechanism for the Stability of the Presidential System and the Simple Multiparty System in Indonesia, with the aim of knowing concretely the essential conditions for the realization of an effective presidential government, through the substance of the policy setting limits in force in Indonesia, and the implications of setting thresholds on the stability of Indonesia's presidential and multiparty systems. This research was conducted using normative legal research methods, through library research, with prescriptive research typologies that are conducting intensive, in-depth and detailed and comprehensive approaches to explore deeply about research issues. The results showed that …
Appointing And Training Judges In Egypt And Comparative Systems,
2022
The American University in Cairo AUC
Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros
Theses and Dissertations
The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …
We Clerked For Justices Scalia And Stevens. America Is Getting Heller Wrong.,
2022
Benjamin N. Cardozo School of Law
We Clerked For Justices Scalia And Stevens. America Is Getting Heller Wrong., Katherine A. Shaw, John Bash
Online Publications
In the summer of 2008, the Supreme Court decided District of Columbia v. Heller, in which the court held for the first time that the Second Amendment protected an individual right to gun ownership. We were law clerks to Justice Antonin Scalia, who wrote the majority opinion, and Justice John Paul Stevens, who wrote the lead dissent.
