Note: Building Blocks Of A Fundamental Right: A Thought Experiment On The Constitutional Right To A Livable Climate,
2020
Notre Dame Law School
Note: Building Blocks Of A Fundamental Right: A Thought Experiment On The Constitutional Right To A Livable Climate, Melanie Hess
Notre Dame Journal on Emerging Technologies
When civil rights lawyers sought to overturn Plessy v. Ferguson in the years leading up to Brown v. Board of Education, they faced a history of institutionalized segregation and inequality, constitutional acceptance of the “separate but equal” doctrine, and sharp social divisions on the issue. Other landmark cases of rights recognition, such as Obergefell v. Hodges and Roe v. Wade, similarly built upon years of evolution in law, precedent, and social opinion that made them inconceivable before their time. Early versions of the litigation strategies envisioning these judgments might have been tentative and vague, lacking in factual, legal, …
Bill 10, If Enacted, Will Install A Constitutional Dictatorship And Undermine Democracy In Zambia,
2020
Cornell University Law School
Bill 10, If Enacted, Will Install A Constitutional Dictatorship And Undermine Democracy In Zambia, Muna B. Ndulo
Southern African Journal of Policy and Development
Zambia has made several attempts to elaborate a democratic constitution that promotes good governance, inclusiveness, citizen participation, accountability, and the separation of powers between the three arms of government-parliament, the judiciary, and the executive. Success has been elusive largely because the processes used have been inappropriate for consensus building. The latest attempt, the Constitution Amendment Bill No. 10 of 2019, which came out of a ruling party dominated constitutional conference, is presently before parliament. The constitutional conference excluded key stake holders such as the main opposition party and civil society. The paper critically examines the contents of Bill 10 and …
The Prodigal Son Comes Home: Ecuador Returns To Investment Arbitration,
2020
Florida International University College of Law
The Prodigal Son Comes Home: Ecuador Returns To Investment Arbitration, Gilberto Guerrero-Rocca
Faculty Publications
No abstract provided.
Pub. L. No. 86-272 And The Anti-Commandeering Doctrine: Is This Anachronism Constitutionally Vulnerable After Murphy V. Ncaa?,
2020
Lehigh University
Pub. L. No. 86-272 And The Anti-Commandeering Doctrine: Is This Anachronism Constitutionally Vulnerable After Murphy V. Ncaa?, Matthew A. Melone
Michigan Business & Entrepreneurial Law Review
State taxing authority suffers from little of the structural impediments that the Constitution imposes on the federal government’s taxing power but the states’ power to tax is subject to the restrictions imposed on the exercise of any state action by the Constitution. The most significant obstacles to the states’ assertion of their taxing authority have been the Due Process Clause and the Commerce Clause. The Due Process Clause concerns itself with fairness while the Commerce Clause concerns itself with a functioning national economy. Although the two restrictions have different objectives, for quite some time both restrictions shared one attribute—a taxpayer …
Examining Death Penalty Ballot Measures: A Review Of Austin Sarat’S The Death Penalty On The Ballot,
2020
Angelo State University
Examining Death Penalty Ballot Measures: A Review Of Austin Sarat’S The Death Penalty On The Ballot, Michael Conklin
Seattle Journal for Social Justice
No abstract provided.
Assault On The Constitution: Why The Southern District Of California Got It Right,
2020
Georgia State University College of Law
Assault On The Constitution: Why The Southern District Of California Got It Right, Robert F. Brawner Ii
Georgia State University Law Review
This Note will examine and analyze the tests applied by federal courts that have heard similar cases, culminating with the recent decision in the Southern District of California, Duncan v. Becerra. In Part I, this Note provides the context surrounding the current bill being considered by Congress and examines Supreme Court and federal circuit court cases addressing this issue. Part II provides analysis of application of the tests applied by the federal courts. Part III argues that the Supreme Court should adopt Judge Benitez’s reasoning laid out in Duncan and apply his test to any Second Amendment challenge to …
The Thirteenth Amendment And Human Trafficking: Lessons & Limitations,
2020
Georgia State University College of Law
The Thirteenth Amendment And Human Trafficking: Lessons & Limitations, Kathleen Kim
Georgia State University Law Review
Part I of this Article contextualizes human trafficking within the doctrinal development of the Thirteenth Amendment and Section Two legislation enacted to address subsequent forms of unfree labor. This part describes the origins of a race-conscious Thirteenth Amendment framework and explains its relevance in guiding antitrafficking policy. The overwhelming focus of antitrafficking efforts on sexual exploitation strains the normative foundation of the Thirteenth Amendment. Part II examines the TVPA and the California Trafficking Victims Protection Act and identifies their most significant contributions to Thirteenth Amendment doctrine. Yet, this part finds that the absence of a Thirteenth Amendment framework to guide …
Ascriptive Nationalism, Demagoguery, And The Modern Presidency: A Case Study In Constitutional Decay,
2020
CUNY Graduate Center
Ascriptive Nationalism, Demagoguery, And The Modern Presidency: A Case Study In Constitutional Decay, Christopher J. Putney
Dissertations, Theses, and Capstone Projects
This study is an account of the modern presidency as a source––and under Donald Trump, an accelerant––of systemic problems in American politics. Against the prevailing scholarly view of the Trump presidency as an unqualified aberration, I argue that the signal features of his efforts at governance are actually the product of converging patterns of political and institutional order. Building on seminal (but previously disjointed) work on ascriptive Americanism and the rhetorical presidency, I show that Trump represents the political synthesis of America’s ascriptive tradition and a form of presidential leadership inaugurated more than a century ago by Woodrow Wilson. Moreover, …
Ktunaxa Nation V. British Columbia: A Historical And Critical Analysis Of Canadian Aboriginal Law,
2020
University of Washington School of Law
Ktunaxa Nation V. British Columbia: A Historical And Critical Analysis Of Canadian Aboriginal Law, Jennifer Mendoza
Washington International Law Journal
Aboriginal law is a developing and emerging area of the law in Canada. In fact, Aboriginal rights were not constitutionally protected until the ratification of the Canadian Constitution in 1982. What followed was a series of precedent-setting cases that clarified what “rights” meant under Section 35 of the Constitution, how Aboriginal title and rights could be established, and what duty the federal government had to the First Nations when trying to infringe on those rights. In 2017, the Canadian Supreme Court heard Ktunaxa Nation v. British Columbia, which was the first case to interpret Aboriginal rights under Section 2(a) religious …
Covid-19 And American Democracy,
2020
Loyola University Chicago, School of Law
Covid-19 And American Democracy, Barry Sullivan
Faculty Publications & Other Works
This article discusses the response of the United States Government to the COVID-19 Pandemic from January through June 19, 2020.In particular, the article focuses on the constitutional and legal background of that response. The article was prepared for a symposium in the Italian journal Il diritti dell'economia on responses to the COVID-19 pandemic by governments around the world.
Beat The Heat: Texas’S Need To Reduce Summer Temperatures In Offender Housing,
2020
St. Mary's University School of Law
Beat The Heat: Texas’S Need To Reduce Summer Temperatures In Offender Housing, Mary E. Adair
St. Mary's Law Journal
The Texas Department of Criminal Justice’s lack of air conditioning in offender housing areas is a violation of the Eighth Amendment and deprives offenders of humane living conditions. Unlike most Texans, offenders housed in the TDCJ are unable to adequately protect themselves from the higher, prolonged summer temperatures. Most Texas prisons do not provide air conditioning or other types of cooling systems in offender housing areas, so offenders are at the mercy of the elements with little protection against heat-related illnesses. Several jurisdictions, other than Texas, have recognized extreme temperatures in housing areas can lead to constitutional violations because the …
Themes From Fallon On Constitutional Theory,
2020
Texas A&M University School of Law
Themes From Fallon On Constitutional Theory, Lawrence B. Solum
Faculty Scholarship
Law and Legitimacy in the Supreme Court by Professor Richard Fallon explores the relationship between normative legitimacy and the Supreme Court’s role in constitutional interpretation and construction. This essay interrogates Fallon’s ideas in the context of the great debate between originalism and living constitutionalism via the development of the themes. The first theme focuses on the relationship between Fallon’s views and the originalist claim that constitutional interpretation and construction should be constrained by the original public meaning of the constitutional text. The second theme focuses on Fallon’s development of the idea of reflective equilibrium as a method for constitutional theory …
The Guinea-Bissau Constitutional Reform Debate,
2020
CUNY Graduate Center
The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes
Dissertations, Theses, and Capstone Projects
The enactment of law is not to be confused with the rule of law, and simply having a constitution does not guarantee political order. In Guinea-Bissau there have been calls to write a new constitution, but whether that helps Guinea-Bissau become a more stable country is questionable. Currently, there is a gap in the research of social science, history and political science examining how the processes of instability have unfolded in Guinea-Bissau. Few studies attempt to examine the correlation between a country’s stability and its constitution. A paradoxical situation exists in many countries in Africa where the political system is …
Lessons From A Journey Through State Subnational Constitutional Law,
2020
University at Buffalo School of Law
Lessons From A Journey Through State Subnational Constitutional Law, James A. Gardner
Journal Articles
No abstract provided.
Constitutionalism And Africa's Agenda 2063: How To Build "The Africa We Want",
2020
Brooklyn Law School
Constitutionalism And Africa's Agenda 2063: How To Build "The Africa We Want", John Mukum Mbaku
Brooklyn Journal of International Law
In 2013, Africans, under the leadership of the African Union, set out to develop a “strategic framework for the socio-economic transformation of the continent over the next 50 years.” This new development program was expected to “accelerate the implementation of past and existing continental initiatives for growth and sustainable development.” This transformative program, called Agenda 2063: The Africa We Want, was officially adopted by the Assembly of Heads of State and Government of the African Union in Addis Ababa, Ethiopia in January 2015. The heart of this ambitious development initiative are seven aspirations, which Africans hope to achieve by the …
Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia,
2020
Brooklyn Law School
Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia, Ernira Mehmetaj
Brooklyn Journal of International Law
On November 6, 2018, Kosovo imposed a 10 percent tariff on products imported from Serbia and Bosnia and Herzegovina. Later that month, on November 28, 2018, after Kosovo was denied membership in the International Criminal Police Organization, Kosovo increased the custom tariffs on Serbian and Bosnian goods from 10 to 100 percent. These actions resulted in a standstill of the European Union–mandated Belgrade-Pristina dialogue—a dialogue seeking to normalize the relations between the two states. Having the tumultuous history shared by Kosovo and Serbia as a backdrop, this Note analyzes the international agreements Kosovo is party to, specifically the Central European …
Comity & Calamity: Deference To The Executive And The Uncertain Future Of The Fsia,
2020
Brooklyn Law School
Comity & Calamity: Deference To The Executive And The Uncertain Future Of The Fsia, Michael Cooper
Brooklyn Journal of International Law
In 1976, Congress set out to remedy the haphazard and politically influenced system by which foreign states were granted sovereign immunity from United States’ courts. Its remedy was the Foreign Sovereign Immunities Act (FSIA), which explicitly put the power to determine whether a foreign state should be granted immunity from a court’s jurisdiction in the hands of the judiciary. Moreover, with some minor exceptions, the FSIA did not explicitly contemplate any involvement from the executive branch in reaching those determinations. However, given that concerns involving foreign relations inherently arise when a foreign state is sued in U.S. courts, the courts …
State V. Bassett: Washington Courts Can No Longer Sentence Juveniles To Die In Prison,
2020
Seattle University School of Law
State V. Bassett: Washington Courts Can No Longer Sentence Juveniles To Die In Prison, Carolyn Mount
Seattle Journal for Social Justice
No abstract provided.
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020,
2020
Roger Williams University School of Law
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney
Life of the Law School (1993- )
No abstract provided.
Disappearing Act: Are Free Speech Rights Decreasing?,
2020
Angelo State University
Disappearing Act: Are Free Speech Rights Decreasing?, Michael Conklin
St. Mary's Law Journal
Abstract forthcoming.
