Interpreting Constitutional Provisions In Tandem,
2018
University of Connecticut
Interpreting Constitutional Provisions In Tandem, Kiel Brennan-Marquez
Faculty Articles and Papers
No abstract provided.
Expatriation Restored,
2018
University of Kentucky College of Law
Expatriation Restored, Jonathan David Shaub
Law Faculty Scholarly Articles
Expatriation - the loss or relinquishment of citizenship - has a long and divisive history as a fundamental concept of American citizenship. It has been the subject of contentious and robust debate from the very beginning of the country. This Article posits that the concept of expatriation today has little jurisprudential salience, despite its increasing rhetorical valence in the context of terrorism, because the historical development of the concept has obscured its meaning. Expatriation originally had a precise meaning: an individual right declared by the country in 1868 to be "indispensable" to the inalienable rights identified in the Declaration of …
"Because Of Sex",
2018
Loyola Marymount University and Loyola Law School
"Because Of Sex", Jack B. Harrison
Loyola of Los Angeles Law Review
Many Americans currently believe that federal law prohibits discrimination because of sexual orientation and gender identity in the workplace. While it is true that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employers from discriminating because of an employee’s race, color, religion, sex, or national origin, courts and legislators have historically been slow to extend these protections to LGBT workers. The result of this reluctance is that LGBT employees remain largely unprotected under an unpredictable patchwork of laws and policies, consisting of presidential executive orders, private employer initiatives, city and county ordinances, gubernatorial executive orders, and …
Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases,
2018
Loyola Marymount University and Loyola Law School
Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases, Daniella Rubin
Loyola of Los Angeles Law Review
No abstract provided.
County Of Los Angeles V. Mendez: Defending The Constitutionality Of The "Provocation Rule",
2018
Loyola Marymount University and Loyola Law School
County Of Los Angeles V. Mendez: Defending The Constitutionality Of The "Provocation Rule", Layla Bishara
Loyola of Los Angeles Law Review
No abstract provided.
How The United States Supreme Court Diminished Constitutional Protections Of The Right To Vote And What Congress Can Do About It,
2018
Loyola University Chicago, School of Law
How The United States Supreme Court Diminished Constitutional Protections Of The Right To Vote And What Congress Can Do About It, Henry Rose
Faculty Publications & Other Works
No abstract provided.
Constitutional Law: Protecting Our Youth: A Necessary Limit On The First Amendment—State V. Muccio,
2018
Mitchell Hamline School of Law
Constitutional Law: Protecting Our Youth: A Necessary Limit On The First Amendment—State V. Muccio, Richard A. Podvin
Mitchell Hamline Law Review
No abstract provided.
Action And Reaction: The Trump Executive Orders And Their Reception By The Federal Courts,
2018
Mitchell Hamline School of Law
Action And Reaction: The Trump Executive Orders And Their Reception By The Federal Courts, Anthony S. Winer
Mitchell Hamline Law Review
No abstract provided.
It’S All Your Fault!: Examining The Defendant’S Use Of Ineffective Assistance Of Counsel As A Means Of Getting A “Second Bite At The Apple.”,
2018
Southern University Law Center
It’S All Your Fault!: Examining The Defendant’S Use Of Ineffective Assistance Of Counsel As A Means Of Getting A “Second Bite At The Apple.”, Prentice L. White
Dickinson Law Review (2017-Present)
The United States Constitution provides individuals convicted of a crime with “a second bite at the apple.” The Sixth Amendment provides an avenue to appeal one’s conviction based on the claim of “ineffective assistance of counsel.” What were the Framers’ true intentions in using the phrase “effective assistance of counsel”? How does the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 affect habeas corpus appeals? This article answers these questions through the eyes of Thomas—a fictional character who is appealing his murder conviction.
This article first looks at the history surrounding effective assistance of counsel and discusses the difficulties …
Incredible Lies,
2018
University of Colorado Law School
Incredible Lies, Catherine J. Ross
University of Colorado Law Review
No abstract provided.
Sex, Lies, And Ultrasound,
2018
University of Colorado Law School
Sex, Lies, And Ultrasound, B. Jessie Hill
University of Colorado Law Review
No abstract provided.
Government Lies And The Press Clause,
2018
University of Colorado School of Law
Government Lies And The Press Clause, Helen L. Norton
University of Colorado Law Review
No abstract provided.
Free Speech Hypocrisy: Campus Free Speech Conflicts And The Sub-Legal First Amendment,
2018
University of Colorado Law School
Free Speech Hypocrisy: Campus Free Speech Conflicts And The Sub-Legal First Amendment, Christina E. Wells
University of Colorado Law Review
No abstract provided.
Categorizing Lies,
2018
University of Colorado Law School
Categorizing Lies, David S. Han
University of Colorado Law Review
No abstract provided.
Developing A Taxonomy Of Lies Under The First Amendment,
2018
University of Colorado Law School
Developing A Taxonomy Of Lies Under The First Amendment, Alan K. Chen, Justin Marceau
University of Colorado Law Review
No abstract provided.
The Law Of Deception: A Research Agenda,
2018
University of Colorado Law School
The Law Of Deception: A Research Agenda, Gregory Klass
University of Colorado Law Review
No abstract provided.
Taxpayers For Public Education V. Douglas County School District: The School Choice Movement Soldiers On,
2018
University of Colorado Law School
Taxpayers For Public Education V. Douglas County School District: The School Choice Movement Soldiers On, Bryce Carlson
University of Colorado Law Review
For nearly a decade, the school choice movement in Colorado has hung in the balance as the fate of the Douglas County School District Choice Scholarship Program worked its way through the courts, even reaching the United States Supreme Court in the process. The main issue at stake was whether Article IX, § 7 of the Colorado Constitution, which prevents public institutions from making any appropriation to a "church or sectarian society," barred students from using a school district scholarship to attend a private religiously affiliated school.
The Colorado Supreme Court in 2015 ruled that the Choice Scholarship Program indeed …
Is Pena-Rodriguez V. Colorado Just A Drop In The Bucket Or A Catalyst For Improving A Jury System Still Plagued By Racial Bias, And Still Badly In Need Of Repairs,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Is Pena-Rodriguez V. Colorado Just A Drop In The Bucket Or A Catalyst For Improving A Jury System Still Plagued By Racial Bias, And Still Badly In Need Of Repairs, Robert I. Correales
Scholarly Works
Historically, race-based jury bias has maintained the most prominent place in the hierarchy of social ills that have plagued the American Criminal Justice System. Relying on Due Process and Equal Protection principles, the United States Supreme Court and lower federal courts have chipped away at the problem with mixed results. State Courts have also served as laboratories, providing important lessons on the successes and failures of different approaches, often leading the way with their innovations. A formidable obstacle commonly referred to as a "black box," better known as the no-impeachment rule, has made progress difficult. The no-impeachment rule was designed …
Chevron's Liberty Exception,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Chevron's Liberty Exception, Michael Kagan
Scholarly Works
This Article argues that the Supreme Court’s practice in immigration cases reflects an unstated but compelling limitation on Chevron deference. Judicial deference to the executive branch is inappropriate when courts review the legality of a government intrusion on physical liberty. This norm is illustrated by the fact that the Court has not meaningfully applied Chevron deference in cases concerning deportation, and also has seemed reluctant to do so in cases concerning immigration detention. It is a logical extension of the established rule that Chevron deference does not apply to questions of criminal law. By contrast, the Court applies Chevron deference …
Supreme Court Reform: Desirable - And Constitutionally Required,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Supreme Court Reform: Desirable - And Constitutionally Required, David Orentlicher
Scholarly Works
No abstract provided.
