Democracy And Decolonization: How India Was Made,
2020
Columbia Law School
Democracy And Decolonization: How India Was Made, Madhav Khosla
Faculty Scholarship
For some years, the endurance of constitutional democracy in India has been a puzzle for political scientists and public law scholars. The creation of self-government on Indian soil challenged Western political theory and history, and its survival in atypical and unusual circumstances has mystified students of comparative politics. If the conventional wisdom is believed, self-rule in a country with major levels of poverty, illiteracy, and diversity should neither have been instituted nor sustained. India has managed to hold elections with remarkable regularity, and it boasts of a constitutional culture where conflict has, for the most part, been articulated through legal …
Ambiguity About Ambiguity,
2020
Columbia Law School
Ambiguity About Ambiguity, Philip A. Hamburger
Faculty Scholarship
Petitions for certiorari from the Supreme Court typically raise legal questions that are all too familiar, as cert ordinarily is available only to resolve circuit splits. Now and then, however, a case is “cert-worthy” precisely because it turns on something novel—even astonishing. Such is Monex v. Commodity Futures Trading Commission, in which the CFTC has been relying on ambiguity about the type of ambiguity that justifies its enforcement actions.
Ethical Considerations For Attorneys Researching Jurors On The Internet,
2020
Touro University Jacob D. Fuchsberg Law Center
Ethical Considerations For Attorneys Researching Jurors On The Internet, Anthony M. Lapinta
Journal of Race, Gender, and Ethnicity
No abstract provided.
From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification,
2020
Touro Law Center
From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji
Journal of Race, Gender, and Ethnicity
No abstract provided.
Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History,
2020
Touro Law Center
Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History, Kirandeep Kaur
Journal of Race, Gender, and Ethnicity
No abstract provided.
Cooley’S Constitutional Limitations And Constitutional Originalism,
2020
Texas A&M University School of Law
Cooley’S Constitutional Limitations And Constitutional Originalism, Lawrence B. Solum
Faculty Scholarship
Thomas Cooley’s A Treatise on The Constitutional Limitations Which Rest upon the Legislative Power of the States of the American Union was the most influential treatise of constitutional law in the second half of the nineteenth century. This Essay explores the ideas expressed in Cooley’s treatise in light of contemporary originalist constitutional theory. In many ways, Constitutional Limitations anticipated some of the key moves made by contemporary public meaning originalists, including the interpretation-construction distinction and the idea that ordinary meaning, and not technical meaning, is the baseline for constitutional interpretation.
Is Barrios The Death Knell Of Bosh Claims? The Sovereign Immunity Battle Between The Oklahoma Supreme Court And Legislature Over Constitutional Torts,
2020
University of Oklahoma College of Law
Is Barrios The Death Knell Of Bosh Claims? The Sovereign Immunity Battle Between The Oklahoma Supreme Court And Legislature Over Constitutional Torts, Hayley Stillwell
Oklahoma Law Review
No abstract provided.
Winning The Waiting Game: How Oklahoma Can Rectify The Discrepancy Between Its No-Impeachment Rule And Peña-Rodriguez V. Colorado,
2020
University of Oklahoma College of Law
Winning The Waiting Game: How Oklahoma Can Rectify The Discrepancy Between Its No-Impeachment Rule And Peña-Rodriguez V. Colorado, Ryan D. Brown
Oklahoma Law Review
No abstract provided.
Trust The Process: Understanding Procedural Standing Under Spokeo,
2020
University of Oklahoma College of Law
Trust The Process: Understanding Procedural Standing Under Spokeo, Jon Romberg
Oklahoma Law Review
No abstract provided.
Gillis V. Miller,
2020
New York Law School
New York City Property Taxes And Appeals: A Systemic Subversion Of Constitutional Rights,
2020
New York Law School
New York City Property Taxes And Appeals: A Systemic Subversion Of Constitutional Rights, Phoenix Marino
NYLS Law Review
No abstract provided.
The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative,
2020
New York Law School
The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative, Michael Kelley
NYLS Law Review
No abstract provided.
United States V. Touset,
2020
New York Law School
Hargis V. Bevin,
2020
New York Law School
The Ratchet Wreck: Equality’S Leveling Down Problem,
2020
Georgetown University Law Center
The Ratchet Wreck: Equality’S Leveling Down Problem, Louis Michael Seidman
Georgetown Law Faculty Publications and Other Works
Constitutional equality law has a two-way ratchet problem. When someone demonstrates that a government policy treats her unequally, the injury can be remedied by improving things for the claimant, but it can also be remedied by leaving the claimant’s status unchanged while making things worse for the people advantaged by the policy. If a court chooses the latter option, it diminishes the welfare of some people while arguably not improving welfare of anyone else. Why is that a good idea?
Courts have often attempted to avoid hard questions like these by leveling up – that is by allowing advantaged persons …
Is Barrios The Death Knell Of Bosh Claims? The Sovereign Immunity Battle Between The Oklahoma Supreme Court And Legislature Over Constitutional Torts,
2020
University of Oklahoma College of Law
Is Barrios The Death Knell Of Bosh Claims? The Sovereign Immunity Battle Between The Oklahoma Supreme Court And Legislature Over Constitutional Torts, Hayley Stillwell
Faculty Articles
The State of Oklahoma has explicitly adopted sovereign immunity for a broad array of tort claims, including constitutional torts—legal wrongs by government actors in violation of duties imposed by the Oklahoma Constitution. In the years before and after this explicit invocation of sovereign immunity for constitutional torts, however, the question in Oklahoma was whether the Oklahoma Legislature had the authority to do this. Even though the Oklahoma Legislature enacted a statute that invoked sovereign immunity as to certain torts, utilizing a seemingly all-encompassing definition of “tort,” the Oklahoma Supreme Court nevertheless found that private rights of action—commonly referred to as …
Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich,
2020
Touro Law Center
Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron
Touro Law Review
No abstract provided.
Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas,
2020
Touro Law Center
Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron
Touro Law Review
No abstract provided.
Why The House Of Representatives Must Be Expanded And How Today’S Congress Can Make It Happen,
2020
Fordham University School of Law
Why The House Of Representatives Must Be Expanded And How Today’S Congress Can Make It Happen, Caroline Kane, Gianni Mascioli, Michael Mcgarry, Meira Nagel
Faculty Scholarship
The House of Representatives was designed to expand alongside the country’s population—yet its membership stopped growing a century ago. Larger and, in some cases, unequal sized congressional districts have left Americans with worse representation, including in the Electoral College, which allocates electors partially on the size of states’ House delegations. This report recommends tying the House’s size to the cube root of the nation’s population, which would lead to 141 more seats. It also calls for an approach to drawing districts that would eliminate gerrymandering.
This report was researched and written during the 2018-2019 academic year by students in Fordham …
Toward An Independent Administration Of Justice: Proposals To Insulate The Department Of Justice From Improper Political Interference,
2020
Fordham University School of Law
Toward An Independent Administration Of Justice: Proposals To Insulate The Department Of Justice From Improper Political Interference, Rebecca Cho, Louis Cholden-Brown, Marcello Figueroa
Faculty Scholarship
The rule of law is undermined when political and personal interests motivate criminal prosecutions. This report advances proposals for ensuring that the federal criminal justice system is administered uniformly based on the facts and the law. It recommends a law preventing the president from interfering in specific prosecutions, another law establishing responsibilities for prosecutors who receive improper orders, and new conflict of interest regulations for Department of Justice officials.
This report was researched and written during the 2018-2019 academic year by students in Fordham Law School’s Democracy and the Constitution Clinic, which is focused on developing non-partisan recommendations to strengthen …
