Til It Happens To You: Providing Victims Of Sexual Assault With Their Own Legal Representation,
2018
UIdaho Law
Til It Happens To You: Providing Victims Of Sexual Assault With Their Own Legal Representation, Erin J. Heuring
Idaho Law Review
No abstract provided.
Remedies Symposium: Statutory Damages And Standing After Spokeo V. Robins,
2018
The University of Akron
Remedies Symposium: Statutory Damages And Standing After Spokeo V. Robins, Richard L. Heppner Jr.
ConLawNOW
In Spokeo v. Robins, the U.S. Supreme Court held that courts may no longer infer the existence of an injury in fact—and thus constitutional standing—from a statute’s use of a particular remedy, such as a statutory or liquidated damages provision. But Spokeo also directed courts to consider whether Congress intended to identify an intangible harm and elevate it to the status of a “concrete” injury in fact when deciding standing questions. This article argues that courts can and should continue to pay close attention to the structure and language of statutory remedial provisions in making that assessment. The article proposes …
April 20, 2018: Acts Of Legislative Hatred,
2018
Duquesne University
April 20, 2018: Acts Of Legislative Hatred, Bruce Ledewitz
Hallowed Secularism
Blog post, “Acts of Legislative Hatred“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Compelled Speech, Expressive Conduct, And Wedding Cakes: A Commentary On Masterpiece Cakeshop V. Colorado Civil Rights Commission,
2018
Duke Law
Compelled Speech, Expressive Conduct, And Wedding Cakes: A Commentary On Masterpiece Cakeshop V. Colorado Civil Rights Commission, Andrew Jensen
Duke Journal of Constitutional Law & Public Policy Sidebar
Masterpiece Cakeshop v. Colorado Civil Rights Commission is the most important same-sex rights case since Obergefell v. Hodges and will determine if businesses and individuals have a First Amendment right to refuse serving gay weddings against their conscience. In this case, Jack Phillips, owner of Masterpiece Cakeshop, refused to create a custom cake for Charlie Craig and David Mullins to celebrate their wedding because it was against his Christian beliefs. The Supreme Court will decide whether the First Amendment gave Phillips this right of refusal or whether Colorado’s anti-discrimination laws will compel him to serve same-sex weddings. This commentary argues …
Remedies Symposium: The Brand V. The Man: Considering A Constructive Trust As A Remedy For President Trump's Alleged Violations Of The Foreign Emoluments Clause,
2018
The University of Akron
Remedies Symposium: The Brand V. The Man: Considering A Constructive Trust As A Remedy For President Trump's Alleged Violations Of The Foreign Emoluments Clause, Kimberly Breedon, A. Christopher Bryant
ConLawNOW
When the Framers of our national Constitution included the Foreign Emoluments Clause, they did so as a prophylactic against government corruption, but they provided no specified remedy for violations the clause. In this brief essay, we evaluate the viability of an equitable remedy borrowed from the private law of trusts—specifically, the constructive trust—as a potential retrospective remedy for such violations by a President. We first provide context by reviewing the legal claims and requests for relief in three lawsuits currently pending against Donald J. Trump alleging multiple and ongoing Emoluments Clause violations. We then turn to the doctrines governing the …
The Gerrymander And The Constitution: Two Avenues Of Analysis And The Quest For A Durable Precedent,
2018
William & Mary Law School
The Gerrymander And The Constitution: Two Avenues Of Analysis And The Quest For A Durable Precedent, Edward B. Foley
William & Mary Law Review
It has been notoriously difficult for the United States Supreme Court to develop a judicially manageable—and publicly comprehensible—standard for adjudicating partisan gerrymandering claims, a standard comparable in this respect to the extraordinarily successful “one person, one vote” principle articulated in the Reapportionment Revolution of the 1960s. This difficulty persists because the quest has been for a gerrymandering standard that is universalistic in the same way that “one person, one vote” is: derived from abstract ideas of political theory, like the equal right of citizens to participate in electoral politics. But other domains of constitutional law employ particularistic modes of reasoning …
Gerrymandering And Association,
2018
William & Mary Law School
Gerrymandering And Association, Daniel P. Tokaji
William & Mary Law Review
No abstract provided.
Election Law “Federalism” And The Limits Of The Antidiscrimination Framework,
2018
William & Mary Law School
Election Law “Federalism” And The Limits Of The Antidiscrimination Framework, Franita Tolson
William & Mary Law Review
If the United States Supreme Court conceived of the right to vote as an active entitlement that safeguards other fundamental rights rather than as a passive privilege that permits courts to prioritize state sovereignty over broad enfranchisement, then many of the errors that have become commonplace in our system of elections would not occur. It is unlikely, however, that the Court will take the steps necessary to extend the constitutional protections afforded to the right to vote. In recent years, the Court has sharply circumscribed Congress’s ability to protect the right to vote under the Fourteenth and Fifteenth Amendments, rejecting …
April 14, 2018: “No Pardon For Trump”,
2018
Duquesne University
April 14, 2018: “No Pardon For Trump”, Bruce Ledewitz
Hallowed Secularism
Blog post, “No Pardon for Trump” discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Taking The Fifth: How The Tenth Circuit Determined The Right Against Self-Incrimination Is "More Than A Trial Right" In Vogt V. City Of Hays,
2018
Pepperdine University
Taking The Fifth: How The Tenth Circuit Determined The Right Against Self-Incrimination Is "More Than A Trial Right" In Vogt V. City Of Hays, Daniel J. De Cecco
Pepperdine Law Review
In Vogt v. City of Hays, the United States Court of Appeals for the Tenth Circuit ruled that the Fifth Amendment right against self-incrimination is more than a trial right and applies to the use of compelled statements in probable cause hearings as well as in criminal trials. While the Self-Incrimination Clause states that the right applies “in a criminal case,” there is a circuit split regarding the definition of a “criminal case.” The Tenth Circuit joined the Second, Seventh, and Ninth Circuits in finding that the right against self-incrimination applies to more than a trial, relying on the common …
How Law Employs Historical Narratives: The Great Compromise As An Example,
2018
Pepperdine University
How Law Employs Historical Narratives: The Great Compromise As An Example, Louis J. Sirico Jr.
Pepperdine Law Review
Although historians base their interpretations on facts, they often use the same facts to tell a variety of stories. Of the varying stories, which gain acceptance by society and the courts? To explore this question, this Article examines the historiography of the Great Compromise. At the 1787 Constitutional Convention, the deputies debated how to elect members of the House and Senate. Should each state have equal representation or should each state have representation based on its population? The heavily populated states wanted population-based (proportional) representation while the less populated states wanted a one-state-one-vote system. After difficult debates, the Convention, by …
John Fitisemanu, Et. Al. V. United States Of America, Et. Al.,
2018
University of the District of Columbia
John Fitisemanu, Et. Al. V. United States Of America, Et. Al., Rafael Cox Alomar
Court Briefs
No abstract provided.
A New Natural Law Reading Of The Constitution,
2018
Louisiana State University Law Center
A New Natural Law Reading Of The Constitution, Santiago Legarre
Louisiana Law Review
The article focuses on how natural law can factor into constitutional interpretation in subtle but significant ways and mentions natural law has two different levels of presence in constitutional law.
Law School News: 'Marketplace Of Ideas' Imperiled (04-05-2018),
2018
Roger Williams University School of Law
Law School News: 'Marketplace Of Ideas' Imperiled (04-05-2018), David A. Logan
Life of the Law School (1993- )
No abstract provided.
Rwu First Amendment Blog: David Logan's Blog: Media Centralization Imperils Marketplace Of Ideas 04-05-2018,
2018
Roger Williams University School of Law
Rwu First Amendment Blog: David Logan's Blog: Media Centralization Imperils Marketplace Of Ideas 04-05-2018, David A. Logan
Law School Blogs
No abstract provided.
Vice Presidential Immunity In The Age Of Impeachment: A Fresh Look At The Agnew Precedent,
2018
The University of Akron
Vice Presidential Immunity In The Age Of Impeachment: A Fresh Look At The Agnew Precedent, Mark E. Coon
ConLawNOW
Since the 1973 prosecution of incumbent Vice President Spiro T. Agnew, the U.S. Department of Justice has taken the position that sitting Vice Presidents are not constitutionally immune from criminal prosecution in the same way that sitting Presidents are. With the modern rise of prosecution and impeachment as weapons in the political arsenal, the Agnew precedent threatens to upset the constitutional balance of power because it makes Vice Presidents easily removable. This essay argues that the Agnew precedent is incorrect and that Vice Presidents are absolutely immune from prosecution while in office because of the Vice Presidency’s role in the …
Characterizing Power For Separation-Of-Powers Purposes,
2018
Villanova University Charles Widger School of Law
Characterizing Power For Separation-Of-Powers Purposes, Tuan N. Samahon
University of Richmond Law Review
The U.S. Constitution parcels "legislative," "executive," and "judicial" powers among the separate branches of the federal government, but leaves those powers undefined. Accordingly, characterizing exercises of power becomes an important threshold inquiry in separation-of-powers disputes. This symposium Essay canvasses four competing judicial approaches to the characterization of power: functional inquiry; identity-of-the-officer formalism; historical induction; and skepticism. In this area, Justice Scalia's formalism has been particularly influential but created considerable tension with original public meaning originalism. This Essay explains how Scalia's formalism led to his embrace of delegation and concludes by cautioning against judicial oversimplification in the characterization inquiry.
State V. Nelson: Determining "Reasonable Suspicion" For Investigatory Stops In Maine,
2018
University of Maine School of Law
State V. Nelson: Determining "Reasonable Suspicion" For Investigatory Stops In Maine, Sandra Denison Shannon
Maine Law Review
In 1994 the Maine Supreme Judicial Court, sitting as the Law Court, held in State v. Nelson that a police officer's observation of motorist Theodore Nelson consuming a single can of beer over a one-hour time period did not, by itself, give rise to a reasonable suspicion that Nelson thereafter illegally operated the vehicle under the influence of alcohol. This Note analyzes the Law Court's decision in Nelson. In its analysis, this Note compares Nelson to several other Maine opinions and recommends that, if the Maine Law Court is to continue to adhere to both objective and subjective standards in …
Florida Rock Industries, Inc. V. United States: Tipping The Scales In Favor Of Private Property Rights At The Public's Expense,
2018
University of Maine School of Law
Florida Rock Industries, Inc. V. United States: Tipping The Scales In Favor Of Private Property Rights At The Public's Expense, Susan E. Spokes University Of Maine School Of Law
Maine Law Review
In Florida Rock Industries, Inc. v. United States the Court of Appeals for the Federal Circuit held that the denial of a federal wetlands permit under section 1344 of the Clean Water Act may constitute a compensable taking of private property under the Fifth Amendment to the United States Constitution. The court remanded the case to the Federal Court of Claims to determine the value of the property remaining after the permit denial, while warning the trial court that the existing record did not support a finding of the loss of all economically viable use of the property. The Federal …
Department Of Corrections V. Superior Court: Hear No Evil,
2018
University of Maine School of Law
Department Of Corrections V. Superior Court: Hear No Evil, Aaron T. Morel
Maine Law Review
On December 9, 1991, professional ethical and moral considerations prompted heated litigation in Department of Corrections v. Superior Court. Justice Donald G. Alexander of Maine's Superior Court displayed considerable foresight while sentencing two borderline mentally retarded child sex offenders. Although both defendants had committed repugnant crimes, Justice Alexander anticipated that they would be subjected to impermissible abuse if incarcerated in the Department of Corrections. He believed that preventive measures were necessary to ensure the safety of the defendants being sentenced and to avoid the potential that conditions of their incarceration would amount to cruel and unusual punishment. Justice Alexander subsequently …
