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“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres 2017 Fordham University School of Law

“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres

Fordham Law Review

The power to confer legal citizenship status is possessed solely by the federal government. Yet the courts and legal theorists have demonstrated that citizenship encompasses factors beyond legal status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender, or disability. Given this multidimensionality, the city, as the place where residents carry out the tasks of their daily lives, is a critical space for promoting elements of citizenship. This Note argues that recent city municipal identification-card programs have created a new form of …


Reverse Political Process Theory, Aaron Tang 2017 Vanderbilt University Law School

Reverse Political Process Theory, Aaron Tang

Vanderbilt Law Review

Despite occasional suggestions to the contrary, the Supreme Court has long since stopped interpreting the Constitution to afford special protection to certain groups on the ground that they are powerless to defend their own interests in the political process. From a series of decisions reviewing laws that burden whites under the same strict scrutiny as laws that burden racial minorities, to the more recent same-sex marriage decision based principally on the fundamental nature of marriage (rather than the political status of gays and lesbians), it is now an uncontroversial observation that when it comes to applying the open-textured provisions of …


Do Your Job: Judicial Review Of Occupational Licensing In The Face Of Economic Protectionism, Nicole A. Weeks 2017 Vanderbilt University Law School

Do Your Job: Judicial Review Of Occupational Licensing In The Face Of Economic Protectionism, Nicole A. Weeks

Vanderbilt Law Review

Despite efforts to challenge certain occupational licensing schemes as impermissibly driven by naked economic protectionism, federal appellate courts disagree on the legitimacy owed to the protectionist motivations that commonly prompt these regulations. To eliminate the current confusion, this Note advocates for the application of rational-basis-with-judicial-engagement review. The Supreme Court has demonstrated a willingness to engage in such analysis before-in both its animus jurisprudence over the past decades and more recently in its meticulous cost-benefit inquiry in Whole Woman's Health v. Hellerstedt-thereby weakening its claims of incompetence in evaluating the motivations of lawmakers. To avoid hindering the economic well being of …


Scriptural Justification For The American Revolution, Samuel Ewing 2017 Liberty University

Scriptural Justification For The American Revolution, Samuel Ewing

Senior Honors Theses

This thesis will seek to examine the intention of the Founding Fathers regarding their decision to break from England in what became the American Revolution. On July 4th, 1776, fifty-five men gathered to sign the defining document of their cause – the Declaration of Independence. As the document presents the climactic argument against the English crown, this thesis will seek to analyze its writers’ intentions, presuppositions, and rationalizations. Ultimately, this thesis will demonstrate that the Founders not only sought biblical justification for their actions and opinions, but followed the letter of biblical and common law in order to …


The Case Against Oral Argument: The Effects Of Confirmation Bias On The Outcome Of Selected Cases In The Seventh Circuit Court Of Appeals, Christine M. Venter 2017 Notre Dame Law School

The Case Against Oral Argument: The Effects Of Confirmation Bias On The Outcome Of Selected Cases In The Seventh Circuit Court Of Appeals, Christine M. Venter

Journal Articles

Scholars have long been divided over the role, function, and significance, if any, of oral argument in judicial decision-making.' Federal courts seem similarly divided, as some circuits routinely grant oral argument in almost every case, while others grant oral argument in only a small fraction of appeals. This divide should not be dismissed as merely an idiosyncratic debate or as a response to excessive workload, particularly when one considers that approximately 53,000 appeals were filed in federal courts of appeals in the year ending September 30, 2016.2 Since the Supreme Court grants certiorari in only approximately eighty cases each year, …


Even When You Win, You Lose: Executive Order 13769 & The Depressing State Of Procedural Due Process In The Context Of Immigration, Amy L. Moore 2017 Belmont University - College of Law

Even When You Win, You Lose: Executive Order 13769 & The Depressing State Of Procedural Due Process In The Context Of Immigration, Amy L. Moore

Law Faculty Scholarship

This Article examines the procedural due process implications of Executive Order 13769, the 2017 “travel ban,” within the broader historical framework of Supreme Court immigration jurisprudence. Although the Ninth Circuit suggested that the Order might violate procedural due process, the Article argues that such a claim, even if successful, would offer limited substantive protection. Tracing the development of the plenary power doctrine from Chae Chan Ping through Knauff, Mezei, Fleuti, Plasencia, and Zadvydas, the Article demonstrates that procedural due process in immigration law has historically been constrained by deference to the political branches. Even when …


Fish And Wildlife Management On Federal Lands: Debunking State Supremacy, Sandra B. Zellmer, Martin Nie, Christopher Barnes, Jonathan Haber, Julie Joly, Kenneth Pitt 2017 Alexander Blewett III School of Law at the University of Montana

Fish And Wildlife Management On Federal Lands: Debunking State Supremacy, Sandra B. Zellmer, Martin Nie, Christopher Barnes, Jonathan Haber, Julie Joly, Kenneth Pitt

Faculty Law Review Articles

This Article reviews the authority of federal and state governments to manage wildlife on federal lands. It first describes the most common assertions made by state governments regarding state powers over wildlife and then analyzes the relevant powers and limitations of the United States Constitution and federal land laws, regulations, and polices. Wildlife-specific provisions applicable within the National Park System, National Wildlife Refuge System, National Forest System, Bureau of Land Management, the special case of Alaska, and the National Wilderness Preservation System are covered, as is the Endangered Species Act. We reviewed an extensive collection of cases of conflict between …


September 30, 2017: The Drama Of Religious Life, Bruce Ledewitz 2017 Duquesne University

September 30, 2017: The Drama Of Religious Life, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Drama of Religious Life" discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Sidewalk Counseling: A First Amendment Right, Thomas Patrick Monaghan 2017 St. John's University School of Law

Sidewalk Counseling: A First Amendment Right, Thomas Patrick Monaghan

The Catholic Lawyer

No abstract provided.


The Constitution And The Declaration Of Independence: Natural Law In American History, Edward J. Melvin, C.M. 2017 St. John's University School of Law

The Constitution And The Declaration Of Independence: Natural Law In American History, Edward J. Melvin, C.M.

The Catholic Lawyer

No abstract provided.


The Do-Not-Call List: Will It Survive?, Chris Kannady 2017 University of Oklahoma College of Law

The Do-Not-Call List: Will It Survive?, Chris Kannady

Oklahoma Journal of Law and Technology

No abstract provided.


The Equal Rights Amendment: A Legal Assessment, Wilfred R. Caron 2017 St. John's University School of Law

The Equal Rights Amendment: A Legal Assessment, Wilfred R. Caron

The Catholic Lawyer

No abstract provided.


Emailer Beware: The Fourth Amendment And Electronic Mail, E. Parker Lowe 2017 University of Oklahoma College of Law

Emailer Beware: The Fourth Amendment And Electronic Mail, E. Parker Lowe

Oklahoma Journal of Law and Technology

No abstract provided.


Courthouses, Bookshelves, And Portals: The Implications Of U.S. V. American Library Association On First Amendment Forum Analysis And Future Internet-Based Litigation Strategies, Alexandra R. Harrington 2017 University of Oklahoma College of Law

Courthouses, Bookshelves, And Portals: The Implications Of U.S. V. American Library Association On First Amendment Forum Analysis And Future Internet-Based Litigation Strategies, Alexandra R. Harrington

Oklahoma Journal of Law and Technology

No abstract provided.


The Supreme Court And The Religion Clauses: 1982 And 1984 Terms, Donald H. J. Herman, Esquire 2017 St. John's University School of Law

The Supreme Court And The Religion Clauses: 1982 And 1984 Terms, Donald H. J. Herman, Esquire

The Catholic Lawyer

No abstract provided.


Discovery And Use Of Church Records By Civil Authorities, David J. Young, Esquire, Steven W. Tigges, Esquire 2017 St. John's University School of Law

Discovery And Use Of Church Records By Civil Authorities, David J. Young, Esquire, Steven W. Tigges, Esquire

The Catholic Lawyer

No abstract provided.


The Constitutionality Of State Labor Relations Board Jurisdiction Over Parochial Schools: Catholic High School Association V. Culvert, 2017 St. John's University School of Law

The Constitutionality Of State Labor Relations Board Jurisdiction Over Parochial Schools: Catholic High School Association V. Culvert

The Catholic Lawyer

No abstract provided.


Abortion And The Conscience Of The Nation, Ronald Reagan 2017 St. John's University School of Law

Abortion And The Conscience Of The Nation, Ronald Reagan

The Catholic Lawyer

No abstract provided.


What Trump Misses About Free Speech, Timothy Zick 2017 William & Mary Law School

What Trump Misses About Free Speech, Timothy Zick

Popular Media

No abstract provided.


Brief Of Amici Curiae On Behalf Of Intellectual Property Professors In Support Of Appellant And In Support Of Reversal, Mark McKenna, Rebecca Tushnet, Samuel R. Bagenstos 2017 Notre Dame Law School

Brief Of Amici Curiae On Behalf Of Intellectual Property Professors In Support Of Appellant And In Support Of Reversal, Mark Mckenna, Rebecca Tushnet, Samuel R. Bagenstos

Court Briefs

Oral Argument Not Yet Scheduled

No. 17-7035 (Lead Case), 17-7039
American Society for Testing Materials v. Public.Resources.Org, Inc.

On Appeal from the United States District Court for the District of Columbia

From the Summary of Argument

ASTM’s fundamental complaint is about unauthorized use of its intangible content—the standards for which it claims copyright ownership. Dastar unambiguously holds, however, that only confusion regarding the source of physical goods is actionable under the Lanham Act; confusion regarding the authorship of the standards or their authorization is not actionable. ASTM cannot avoid Dastar just because Public Resource creates digital copies of those standards. …


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