Pub. Employees’ Ret. Sys. Of Nev. V. Gitter, 133 Nev. Adv. Op. 18 (Apr. 27, 2017).,
2017
Nevada Law Journal
Pub. Employees’ Ret. Sys. Of Nev. V. Gitter, 133 Nev. Adv. Op. 18 (Apr. 27, 2017)., Scott Cardenas
Nevada Supreme Court Summaries
The Court determined that: 1) Nevada’s general slayer statutes apply to the Public Employees’ Retirement Act (“PERS Act”) for purposes of determining a survivor’s benefits, 2) the Public Retirement System (“PERS”) is not exempt from paying prejudgment and post-judgment interest, 3) the district court had discretion to award up to $1,500 in reasonable costs under NRS 18.005(5) for a nontestifying expert consultant, and 4) the district court’s award of attorney fees under NRS 7.085 and 18.010 was inappropriate and warranted reversal.
Nlrb Jurisdiction Over Religious Schools And The Religion Clause Of The First Amendment,
2017
St. John's University School of Law
Nlrb Jurisdiction Over Religious Schools And The Religion Clause Of The First Amendment, Richard J. Curiale
The Catholic Lawyer
No abstract provided.
Byrn And Roe: The Threshold Question And Juridical Review,
2017
St. John's University School of Law
Byrn And Roe: The Threshold Question And Juridical Review, Peter J. Riga
The Catholic Lawyer
No abstract provided.
A Modern Look At The Right To A Civil Jury Trial Under The Maine Constitution,
2017
University of Maine School of Law
A Modern Look At The Right To A Civil Jury Trial Under The Maine Constitution, Carolyn A. Liegner
Maine Law Review
The right to a civil jury trial is a cornerstone of the American legal system. The Maine Constitution promises an even broader right to a civil jury trial than is offered by the federal Constitution and many other states. Article I, Section 20 states: “In all civil suits, and in all controversies concerning property, the parties shall have a right to a trial by jury, except in cases where it has heretofore been otherwise practiced.” The exception in the provision has been the subject of multiple interpretations by the Maine Supreme Judicial Court, sitting as the Law Court, since the …
As A Matter Of Fact: Factual Methodology In Obergefell V. Hodges And Its Implications For Public Policy,
2017
Liberty University
As A Matter Of Fact: Factual Methodology In Obergefell V. Hodges And Its Implications For Public Policy, Clint Hamilton
The Kabod
What are the implications of the confusing decision the Supreme Court reached in Obergefell v. Hodges that challenged the definition of marriage as legal bond between a man and a woman. Much of this confusion has arisen because instead of following the usual factual methodology to reach this groundbreaking (and very controversial) decision, the Supreme Court used an abnormal pattern of fact-finding. The use of abnormal methodology resulted in many complicated and tumultuous policy questions at both the State and National levels of government. This paper investigates both the methodology that resulted in the Supreme Court’s decision and its ramifications.
Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights,
2017
Macalester College
Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi
Political Science Honors Projects
What is the constitutional basis for women’s equality? Recently, scholars have suggested that as the right to privacy has floundered against the political undoing of women's access to abortion, equal protection arguments have grown stronger. This thesis investigates the feminist utility and limits of the equality and privacy arguments. Taking liberal feminism and feminist legal theory as analytical lenses, I offer interpretations of gender discrimination, reproductive rights, and marriage equality case law. By this framework, I argue that while an equality argument is less inherently oppressive towards women than the privacy doctrine, equality doctrine has been constructed thus far to …
My Body, Not My Say: How Roe V. Wade Endangers Women's Autonomy,
2017
Ursinus College
My Body, Not My Say: How Roe V. Wade Endangers Women's Autonomy, Kisha K. Patel
Politics Honors Papers
When defining women’s rights to reproductive decisions in Roe v. Wade, Justice Blackmun fails to ensure protection for women by defining this right in the privacy doctrine. Justice Blackmun’s opinion allows the government to interpret and apply the doctrine to deny women access and availability to reproductive health. This can be shown by the subsequent Supreme Court decisions on privacy that allow the government to overrule the right of the individual woman. This allows for the government to effectively deny women the right to abortion and ultimately prevents women from making independent autonomous decisions. The laws and regulations against …
April 24, 2017: What Is At Stake In The Hypocrisy Of Originalism?,
2017
Duquesne University
April 24, 2017: What Is At Stake In The Hypocrisy Of Originalism?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What is at Stake in the Hypocrisy of Originalism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Fitting A Gun In A Circle–A How-To Guide: A Comprehensive Look At The Standard Of Review For Gun Regulations Under The Second Amendment,
2017
University of Miami Law School
Fitting A Gun In A Circle–A How-To Guide: A Comprehensive Look At The Standard Of Review For Gun Regulations Under The Second Amendment, Beth Coplowitz
University of Miami Law Review
In District of Columbia v. Heller, the Supreme Court’s landmark Second Amendment case, the Court held that the right to bear arms is an individual right aimed at self-defense in the home. Two years later, McDonald v. City of Chicago extended this right to the states through the Fourteenth Amendment. However, lower courts were left with little guidance on what level of scrutiny to apply to gun regulations. As a result, courts have applied various levels of scrutiny including intermediate scrutiny, strict scrutiny, a two-step inquiry that leads to either intermediate or strict scrutiny, and an undue burden standard. Of …
Habeas As Forum Allocation: A New Synthesis,
2017
University of Miami Law School
Habeas As Forum Allocation: A New Synthesis, Carlos M. Vázquez
University of Miami Law Review
The scope of habeas relief for state prisoners, especially during the decades before the Supreme Court’s 1953 decision in Brown v. Allen, is a famously disputed question—one of recognized significance for contemporary debates about the proper scope of habeas review. This Article provides a new answer. It argues that, until the enactment of Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), it was broadly accepted that state prisoners were entitled to plenary federal review of the legal and mixed law/fact questions decided against them by state courts. Until 1916, such review was provided by the Supreme Court; after 1953, …
Sex Reassignment Surgery & The New Standard Of Care: An Analysis Of The Role The Federal Court System, The States, Society, And The Medical Community Serve In Paving The Way For Incarcerated Transgendered Persons' Constitutional Right To A Sex Change,
2017
Barry University School of Law
Sex Reassignment Surgery & The New Standard Of Care: An Analysis Of The Role The Federal Court System, The States, Society, And The Medical Community Serve In Paving The Way For Incarcerated Transgendered Persons' Constitutional Right To A Sex Change, Victor J. Genchi
Barry Law Review
No abstract provided.
Standing, Politics, And Exhaustion: A Response To Legislative Exhaustion,
2017
University of Alabama School of Law
Standing, Politics, And Exhaustion: A Response To Legislative Exhaustion, Heather Elliott
William & Mary Law Review Online
Professor Michael Sant’Ambrogio’s article, Legislative Exhaustion, usefully approaches the problem of “legislative standing” by abandoning the typical Article III standing analysis and making instead a separation-of-powers argument. His theory—that Congress may sue the President only when it has no legislative avenue for addressing its problems—provides both a workable account of and a limiting principle for suits by the legislative branch against the executive. His analysis, however, raises questions regarding the effect of legislative lawsuits on the constitutional balance of powers. This Essay suggests that these questions should be more fully explored before Professor Sant’Ambrogio’s approach can be adopted. It concludes …
The Vice Presidency In Five (Sometimes)
Easy Pieces,
2017
Pepperdine University
The Vice Presidency In Five (Sometimes) Easy Pieces, Vikram David Amar
Pepperdine Law Review
The public perception of the Vice President is that of an individual with little actual authority, but who has the potential to be thrust into the most powerful office in the world. But the modern Vice President has additional responsibilities that many often forget. Contrary to public perception, the Vice President’s role as President of the Senate carries important Constitutional responsibilities, such as the ability to weigh-in with tie-breaking votes in the Senate or preside over impeachment trials. Though overlooked, these are important and powerful responsibilities. Additionally, the Vice President has assumed the role of Presidential “running mate” and with …
Oh, Vpotus, Where Art Thou?
The Constitutional Situs Of The Vice Presidency As Surveyed By A Former Vice
Presidential Lawyer,
2017
Pepperdine University
Oh, Vpotus, Where Art Thou? The Constitutional Situs Of The Vice Presidency As Surveyed By A Former Vice Presidential Lawyer, Shannen W. Coffin
Pepperdine Law Review
A dispute between a federal oversight authority and the Office of the Vice President (OVP) prompted an unprecedented public discussion regarding the proper location and role of the vice presidency when Dick Cheney’s Chief of Staff challenged an audit of classified information on the grounds that the OVP was not an entity within the Executive Branch. The modern role of the Vice President is generally viewed as advisor and supporter of the President, with all executive authority vested in the President. Conversely, the Vice President presides as President of the Senate, casting tie-breaking votes when necessary. This dual role invokes …
The Vice Presidency In The Twenty-First Century,
2017
Pepperdine University
The Vice Presidency In The Twenty-First Century, Jody C. Baumgartner
Pepperdine Law Review
The vice presidency has undergone almost revolutionary change since its inception 227 years ago. Conceived as a convenient solution to a problem created by the Electoral College, the Vice President has only two constitutional functions—to serve as a successor to the President and as the President of the Senate. However, over the past sixty years, vice presidents have become increasingly part of and integral to American governance, and the last three (Al Gore, Dick Cheney, and Joe Biden) have been exceptionally active executive actors. What was once an all-but forgotten office is now an essential part of a president’s administration. …
The Vice President-More Than An Afterthought?,
2017
Pepperdine University
The Vice President-More Than An Afterthought?, Richard B. Cheney, Edwin Meese Iii, Douglas W. Kmiec
Pepperdine Law Review
A round-table discussion among former U.S. Vice President Richard B. Cheney, Caruso Family Professor of Law and retired U.S. Ambassador Douglas Kmiec, and former U.S. Attorney General Edwin Meese III considered the practical implications of conceiving the Vice President as a legislative officer, an executive officer, or both. It was noted that until the second half of the twentieth century, the Office of the Vice President was conceived as legislative. Funding for the Office appeared in budget lines relating to Congress and physically, the Vice President’s office was in the Capitol. Beginning with Walter Mondale’s service as Vice President, presidents …
A Constitutional Afterthought: The Origins Of The Vice Presidency, 1787 To 1804,
2017
Pepperdine University
A Constitutional Afterthought: The Origins Of The Vice Presidency, 1787 To 1804, Edward J. Larson
Pepperdine Law Review
At the origins of the office, even though the Vice President was, as its first occupant John Adams declared, “only one breath” away from the presidency, the Office of the Vice President was an afterthought of the Constitutional Convention. Never discussed during the first three months of the four-month long Convention, the Committee of Eleven introduced the vice presidency as a byproduct of how it resolved to fix the presidential selection process. Under this process, the Electoral College emerged, with each state assigned the same number of electors as its members in the House of Representatives and Senate. Each elector …
Failure To Act And The Separation Of Powers-The Vice Presidency And The Need To Surmount Divided Power In Pursuit Of A Workable Government,
2017
Pepperdine University
Failure To Act And The Separation Of Powers-The Vice Presidency And The Need To Surmount Divided Power In Pursuit Of A Workable Government, Douglas W. Kmiec
Pepperdine Law Review
Is the Vice President an executive officer, a legislative officer, or both? This query has existed since the time of the founding. The question poses more difficulty than one might suppose, and it remains unsettled. It can be convenient to ignore questions that one cannot answer, and thus, the Vice President has been the object of political humor and treated as an appendage without present function. Yet, because we attribute great genius to those who drafted the Constitution, what is the effect of leaving this high-ranking officer without adequate definition or purpose? For the first century and a half of …
Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants,
2017
Barry University School of Law
Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants, Christopher Joseph
Barry Law Review
No abstract provided.
Discrimination And Association,
2017
Harvard Law School
Discrimination And Association, Caleb C. Wolanek
Concordia Law Review
In September 2016, the United States Commission on Civil Rights issued a report entitled Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties. In that report, the Commission argued that the law permits—and justice requires—that decision-makers prioritize nondiscrimination over civil liberties like freedom of religion and freedom of association. For example, the report endorsed the view that religious liberty should be limited as much as possible to freedom of belief; conduct “should conform to law.” This is because religion is discriminatory and can be used as a front for discriminatory activities. Nondiscrimination policies, in contrast, “are of preeminent importance.” Religious exemptions …
