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Rwu First Amendment Blog: David Logan's Blog: Recognizing The Free Press In The Crosshairs Across The Globe 12-12-2018, David A. Logan 2018 Roger Williams University School of Law

Rwu First Amendment Blog: David Logan's Blog: Recognizing The Free Press In The Crosshairs Across The Globe 12-12-2018, David A. Logan

Life of the Law School (1993- )

No abstract provided.


President Trump’S Unilateral Attempt To Cease All Implementation Of The Paris Agreement And To Withdraw From It: Constitutional?, Phillip M. Kannan 2018 Colorado College

President Trump’S Unilateral Attempt To Cease All Implementation Of The Paris Agreement And To Withdraw From It: Constitutional?, Phillip M. Kannan

Pace Environmental Law Review

In his announcement, President Trump stated that he would comply with the withdrawal provision in the Paris Agreement. This Essay argues that, while compliance with that process may satisfy the treaty obligation, it probably does not conform to U.S. constitutional standards, and therefore, would not be binding on the United States. The argument demonstrating the failure of the President to satisfy constitutional standards proceeds as follows. Part I develops the context in which the Paris Agreement arose. Part II briefly summarizes the Paris Agreement. In Part III, I argue that President Trump’s attempt to cease implementation of the Paris Agreement …


December 10, 2018: The Democrats’ God Problem, Bruce Ledewitz 2018 Duquesne University

December 10, 2018: The Democrats’ God Problem, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Democrats’ God Problem“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 7, 2018: Needed: A Party Of Democracy, Bruce Ledewitz 2018 Duquesne University

December 7, 2018: Needed: A Party Of Democracy, Bruce Ledewitz

Hallowed Secularism

Blog post, “Needed: A Party of Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Future Of Freedom Of Expression Online, Evelyn Mary Aswad 2018 Duke Law

The Future Of Freedom Of Expression Online, Evelyn Mary Aswad

Duke Law & Technology Review

Should social media companies ban Holocaust denial from their platforms? What about conspiracy theorists that spew hate? Does good corporate citizenship mean platforms should remove offensive speech or tolerate it? The content moderation rules that companies develop to govern speech on their platforms will have significant implications for the future of freedom of expression. Given that the prospects for compelling platforms to respect users’ free speech rights are bleak within the U.S. system, what can be done to protect this important right? In June 2018, the United Nations’ top expert for freedom of expression called on companies to align their …


State Ex Rel. Holmes V. Gainer: The Legislative Pay Raise And The Disappearing West Virginia Constitution, Matthew L. Clark 2018 West Virginia University College of Law

State Ex Rel. Holmes V. Gainer: The Legislative Pay Raise And The Disappearing West Virginia Constitution, Matthew L. Clark

West Virginia Law Review

No abstract provided.


State V. Second Judicial Dist. Court. (Hearn (Matthew)), 134 Nev. Adv. Op. 96 (Dec. 6, 2018) (En Banc), Taylor Buono 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

State V. Second Judicial Dist. Court. (Hearn (Matthew)), 134 Nev. Adv. Op. 96 (Dec. 6, 2018) (En Banc), Taylor Buono

Nevada Supreme Court Summaries

The Court affirmed the district court’s decision and held that the prosecutorial consent provision in NRS 176A.290 violated the Nevada Constitution’s separation of powers doctrine. Furthermore, the Court struck the offending language, finding that the provision could be severed from the statute without impacting the legislature’s intent.


Professional Responsibility As A Limitation On Executive Power, Melissa Mortazavi 2018 University of Oklahoma College of Law

Professional Responsibility As A Limitation On Executive Power, Melissa Mortazavi

Other Faculty Publications

No abstract provided.


The Pope And The Capital Juror, Aliza Plener Cover 2018 University of Idaho College of Law

The Pope And The Capital Juror, Aliza Plener Cover

Articles

In a significant change to Catholic Church doctrine, Pope Francis recently declared that capital punishment is impermissible under all circumstances. Counterintuitively, the Pope’s pronouncement might make capital punishment less popular but more prevalent in the United States. This Essay anticipates this possible dynamic and, in so doing, explores how “death qualification” of capital juries can insulate the administration of the death penalty when community morality evolves away from capital punishment.


The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz 2018 Duquesne University

The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


December 1, 2018: "I Retired", Bruce Ledewitz 2018 Duquesne University

December 1, 2018: "I Retired", Bruce Ledewitz

Hallowed Secularism

Blog post, "I Retired“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar 2018 Notre Dame Law School

Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar

Journal of Legislation

No abstract provided.


Hb 61 - Revenue And Taxation, Taylor N. Armstrong, Caitlin E. Correa 2018 Georgia State University College of Law

Hb 61 - Revenue And Taxation, Taylor N. Armstrong, Caitlin E. Correa

Georgia State University Law Review

The Act amends Georgia’s sales tax statute to shift the burden for the collection of sales taxes on online sales from the purchaser to the retailer.


Federalism And The Right To Decide Who Decides, Andrew B. Ayers 2018 Villanova University Charles Widger School of Law

Federalism And The Right To Decide Who Decides, Andrew B. Ayers

Villanova Law Review (1956 - )

No abstract provided.


Diverse Originalism, Christina Mulligan 2018 Brooklyn Law School

Diverse Originalism, Christina Mulligan

Faculty Scholarship

No abstract provided.


Neoformalist Constitutional Construction And Public Employee Speech, Scott R. Bauries 2018 University of Kentucky College of Law

Neoformalist Constitutional Construction And Public Employee Speech, Scott R. Bauries

Law Faculty Scholarly Articles

This Article examines, evaluates, and prescribes improvements to a familiar form of constitutional construction favored by neoformalists—the preference for rules over standards. Constitutional law development can be understood as being composed of two judicial tasks—interpretation and construction. Judicial interpretation of the Constitution involves determining the semantic meaning of the words contained in the document. Once that semantic meaning is determined, the interpreted meaning must be constructed into legal doctrine for application in court. Sometimes, that construction involves the articulation of the legal doctrines based on the interpreted constitutional text that will govern a particular case and those similar to it. …


Slavery, Liberty, And The Right To Contract, Rebecca E. Zietlow 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Slavery, Liberty, And The Right To Contract, Rebecca E. Zietlow

Nevada Law Journal

No abstract provided.


The Thirteenth Amendment And Minimum Wage Laws, Ruben J. Garcia 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Thirteenth Amendment And Minimum Wage Laws, Ruben J. Garcia

Nevada Law Journal

No abstract provided.


Root And Branch: The Thirteenth Amendment And Environmental Justice, Mehmet K. Konar-Steenberg 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Root And Branch: The Thirteenth Amendment And Environmental Justice, Mehmet K. Konar-Steenberg

Nevada Law Journal

No abstract provided.


Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres 2018 Notre Dame Law School

Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres

Journal of Legislation

No abstract provided.


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