Novel Perspectives On Due Process Symposium: A Commentary On Ingrid Wuerth's The Due Process And Other Constitutional Rights Of Foreign Nations,
2020
Georgetown University Law Center
Novel Perspectives On Due Process Symposium: A Commentary On Ingrid Wuerth's The Due Process And Other Constitutional Rights Of Foreign Nations, David P. Stewart
Fordham Law Review Online
Are foreign States and governments (and their state-owned enterprises) “persons” for constitutional purposes? Do they—should they—have “due process” rights under the U.S. Constitution? Ingrid Wuerth’s thoughtful and thoroughly researched article addresses those important questions from both the historical and doctrinal perspectives and proposes an innovative approach to resolving the issues. The following commentary provides additional background and context, briefly tracing the origins and history of relevant U.S. case law and noting some of the practical implications of answering the questions affirmatively or negatively, particularly in light of the various exceptions to U.S. jurisdiction under the Foreign Sovereign Immunities Act. It …
Novel Perspectives On Due Process Symposium: Foreign Nations, Constitutional Rights, And International Law,
2020
Indiana University Bloomington, Maurer School of Law
Novel Perspectives On Due Process Symposium: Foreign Nations, Constitutional Rights, And International Law, Austen Parrish
Fordham Law Review Online
Some of the more pressing issues related to global governance and world order lie at the intersection of foreign relations law, international law, and constitutional law. What role does the Constitution play in ensuring the United States lives up to the nation’s international law obligations in an evolving period of globalization? More provocatively, to what degree will the United States uphold its international legal obligations if not mandated by the Constitution? And what role do domestic courts play in enforcing these international law obligations? In this regard, the U.S. Supreme Court has not directly addressed the question of the rights, …
Novel Perspectives On Due Process Symposium: Rights, Immunities, And Sovereigns,
2020
University of California, Davis, School of Law
Novel Perspectives On Due Process Symposium: Rights, Immunities, And Sovereigns, Katherine Florey
Fordham Law Review Online
This response first looks at the historical understanding of foreign sovereign immunity and the ways in which it should inform our reading of Article III. It then considers the role that sovereign immunity protections for foreign nations currently play. It closes with a suggestion that—while the sovereign immunity regime is largely adequate to protect other nations’ interests—Professor Wuerth’s insights nonetheless have a role to play in our understanding of cases involving foreign sovereigns.
Novel Perspectives On Due Process Symposium: Questioning The Constitutional Rights Of Foreign Nations,
2020
Pepperdine University School of Law
Novel Perspectives On Due Process Symposium: Questioning The Constitutional Rights Of Foreign Nations, Donald Earl Childress Iii
Fordham Law Review Online
This response evaluates whether Professor Wuerth’s reading of the Constitution is correct. In so doing, this response considers the original understanding of these provisions, the law of nations as understood during the founding era, and Supreme Court case law close to the time of the founding. As explained below, I conclude that it is questionable that the Constitution extends rights to foreign nations.
Novel Perspectives On Due Process Symposium: Constructing The Original Scope Of Constitutional Rights,
2020
University of Georgia School of Law
Novel Perspectives On Due Process Symposium: Constructing The Original Scope Of Constitutional Rights, Nathan S. Chapman
Fordham Law Review Online
This response argues that Wuerth’s paper illustrates the most persuasive way to go about the task—one question at a time, with an emphasis on conventional legal materials and forms of argumentation. Some questions will call for especially imaginative constructions. This does not render them irrelevant, but it does caution some modesty about the extent to which they ought to trump competing constructions arising from practice and precedent. Despite her reluctance, then, Wuerth’s methods are entirely consistent with a confident originalism.
Novel Perspectives On Due Process Symposium: Punishment Without Process: “Victim Impact” Proceedings For Dead Defendants,
2020
Fordham University School of Law
Novel Perspectives On Due Process Symposium: Punishment Without Process: “Victim Impact” Proceedings For Dead Defendants, Bruce A. Green, Rebecca Roiphe
Fordham Law Review Online
When women accuse powerful men of sexual assault, there is increasing public pressure to resolve any doubts in the accusers’ favor before the criminal process is over, if not from the outset. Private individuals and institutions often do so without worrying about due process, but it is different for the trial court, where the presumption of innocence is supposed to apply. This is especially true where public shaming and the accompanying reputational consequences already constitute a kind of punishment. Although they may be sympathetic to accusers, especially those whose cause is championed by a strong and popular social movement, courts …
Novel Perspectives On Due Process Symposium: Uncoupling Habeas Corpus And Due Process,
2020
Fordham University School of Law
Novel Perspectives On Due Process Symposium: Uncoupling Habeas Corpus And Due Process, Jonathan G. D’Errico
Fordham Law Review Online
This exploration concludes by finding that select elements of the Due Process Clause persist even during suspension and thus restrict otherwise forbidden Executive action. Part I overviews the scope of the Great Writ and the effect of its suspension. Part II details two conflicting views of the writ’s relationship with the constitutional demands of due process. Finally, Part III asserts that suspension quiets some facets of the Due Process Clause but does not entirely extinguish the right to procedural due process.
A Note On The Fordham Law Review Online Fall Issue, Novel Perspectives On Due Process,
2020
Fordham University School of Law
A Note On The Fordham Law Review Online Fall Issue, Novel Perspectives On Due Process, Nora Stewart
Fordham Law Review Online
2019 has seen extensive discussion of due process in the American public sphere. There is a cultural sense of eroding norms, of institutions and procedural protections under threat. In response to the central role of due process in the cultural discourse and to the publication of Ingrid Wuerth’s Article, The Due Process and Other Constitutional Rights of Foreign Nations, in the November Issue of our print edition, Fordham Law Review Online presents a Fall Issue comprised both of response pieces to Professor Wuerth’s Article and of Essays engaging other thorny questions about due process.
Covid-19 And Domestic Travel Restrictions,
2020
Martin Luther King, Jr. Professor of Law, University of California, Davis, School of Law
Covid-19 And Domestic Travel Restrictions, Katherine Florey
Notre Dame Law Review Reflection
The strict controls that many jurisdictions, including most U.S. states, established to contain the COVID-19 pandemic have proven difficult to sustain over time, and most places are moving to lift them. Internationally, many plans to ease lockdowns have retained some form of travel restrictions, including the “green zone” plans adopted by France and Spain, which limit travel between regions with widespread community transmission of COVID-19 and those without it. By contrast, most U.S. states lifting shelter-in-place orders have opted to remove limits on movement as well. This Essay argues that this situation is unwise: it tends to create travel patterns …
Here’S Everything Libertarians Like Russ Diamond Get Wrong About Mask-Wearing,
2020
Duquesne University
Here’S Everything Libertarians Like Russ Diamond Get Wrong About Mask-Wearing, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
August 27, 2020: What Libertarians Get Wrong About Masks,
2020
Duquesne University
August 27, 2020: What Libertarians Get Wrong About Masks, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Libertarians Get Wrong About Masks“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Cryptography, Passwords, Privacy, And The Fifth Amendment,
2020
Gary Kessler Associates / Embry-Riddle Aeronautical University - Daytona Beach
Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips
Journal of Digital Forensics, Security and Law
Military-grade cryptography has been widely available at no cost for personal and commercial use since the early 1990s. Since the introduction of Pretty Good Privacy (PGP), more and more people encrypt files and devices, and we are now at the point where our smartphones are encrypted by default. While this ostensibly provides users with a high degree of privacy, compelling a user to provide a password has been interpreted by some courts as a violation of our Fifth Amendment protections, becoming an often insurmountable hurdle to law enforcement lawfully executing a search warrant. This paper will explore some of the …
August 25, 2020: The Case For Trump,
2020
Duquesne University
August 25, 2020: The Case For Trump, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Case for Trump“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 23, 2020: Evil Geniuses,
2020
Duquesne University
August 23, 2020: Evil Geniuses, Bruce Ledewitz
Hallowed Secularism
Blog post, “Evil Geniuses“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Invasion Of The Content-Neutrality Rule,
2020
Brigham Young University Law School
Invasion Of The Content-Neutrality Rule, William D. Araiza
BYU Law Review
No abstract provided.
Correlation And Constitutional Rights,
2020
Georgetown University Law Center
Correlation And Constitutional Rights, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
Skepticism among American scholars about the value of analytic legal positivism stems in part from the pervasiveness of private law in analytic jurisprudence. Wesley Hohfeld’s influential framework proves little different: although he claims that the jural relations apply to constitutional entitlements, he relies on private law for their exposition. Matthew Kramer’s scholarship clarifies and develops Hohfeld’s framework and draws greater attention to its application in the public realm. This chapter advances the discussion by examining the application of the Hohfeld-Kramer framing to constitutional law in particular, demonstrating the weaknesses in assuming that the private law model can be sustained without …
Recent Developments,
2020
University of Arkansas, Fayetteville
Recent Developments, Peyton Hildebrand
Arkansas Law Review
The Eighth Circuit upheld preliminary injunctive relief in favor of the plaintiffs who challenged Arkansas's anti-loitering law for violating their free speech rights. Though Arkansas claimed that it would not enforce the anti-loitering statute against "'polite' and 'courteous' beggars like [plaintiffs]," because the law's plain language applied to the plaintiffs' intended activities, they had an objectively reasonable fear of prosecution.' Thus, they had a constitutional injury as required for standing.
Wire(Less) Tapping: Protecting Arkansans' Fourth Amendment Right In The Era Of The Cloud,
2020
University of Arkansas, Fayetteville
Wire(Less) Tapping: Protecting Arkansans' Fourth Amendment Right In The Era Of The Cloud, Erin James
Arkansas Law Review
Every day we surround ourselves with dozens of devices that monitor our every move, every request, all connecting with one another and sending massive amounts of data back to the device manufacturers. The idea of the prosecution placing the little black cylinder of your Amazon Alexa on the witness stand and asking Alexa to testify against you seems like something pulled from an Orwellian nightmare. But, in reality, it is already occurring.
Pandora's Cake,
2020
University of Arkansas, Fayetteville
Pandora's Cake, Mark R. Killenbeck
Arkansas Law Review
Most of us are familiar with the spectre of Pandora's Box, the "present which seems valuable, but which in reality is a curse." Robert Graves described Pandora as "the most beautiful [woman] ever created.", She was sent by Zeus as a gift to Epimetheus, who initially "respectfully" declined to marry her. But chastened by the fate of his brother Prometheus, he changed his mind and wed a women who was "as foolish, mischievous, and idle as she was beautiful.", She opened a jar that she and her husband had been "warned. .. to keep closed in which" Prometheus had "imprison[ed …
August 19, 2020: Listen To The Podcast Ikthos,
2020
Duquesne University
August 19, 2020: Listen To The Podcast Ikthos, Bruce Ledewitz
Hallowed Secularism
Blog post, “Listen to the Podcast Ikthos“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
