On The Categorical Approach To Free Speech – And The Protracted Failure To Delimit The True Threats Exception To The First Amendment,
2017
University of Delaware
On The Categorical Approach To Free Speech – And The Protracted Failure To Delimit The True Threats Exception To The First Amendment, Wayne Batchis
Pace Law Review
On June 1, 2015, the Supreme Court decided Elonis v. United States on statutory rather than constitutional grounds. In doing so, it turned away an important opportunity to provide needed clarification of true threats, a category of expression relegated to a lower level of protection by the Court almost a half-century ago. The categorical approach to free speech made its first explicit appearance in Supreme Court case law in 1942. Since that time, the Court has relied heavily on this method of constitutional interpretation, carving out discrete exceptions from the seemingly absolutist mandate of the First Amendment that Congress make …
Conflict In The Courts: Obscenity Control & First Amendment Freedoms,
2017
St. John's University School of Law
Conflict In The Courts: Obscenity Control & First Amendment Freedoms, Father Edward J. Berbysse, S.J.
The Catholic Lawyer
No abstract provided.
The Lost Due Process Doctrines,
2017
The Catholic University of America, Columbus School of Law
The Lost Due Process Doctrines, Paul J. Larkin Jr.
Catholic University Law Review
Due process jurisprudence has long been dominated by discussion of its procedural requirements and substantive limitations. Through the lens of the Constitution’s Due Process Clause, however, the Supreme Court has also considered the geographic reach and substantive exercise of legal authority, the delegation of law making to private parties, the incorporation doctrine, and the issues of fundamental fairness. These doctrines have existed for some time, but the Supreme Court has never explained how they fit into its “procedural vs. substantive” dichotomy. This article examines these Lost Due Process Doctrines and poses the question of whether they should suffer the same …
The Private Search Doctrine And The Evolution Of Fourth Amendment Jurisprudence In The Face Of New Technology: A Broad Or Narrow Exception?,
2017
The Catholic University of America, Columbus School of Law
The Private Search Doctrine And The Evolution Of Fourth Amendment Jurisprudence In The Face Of New Technology: A Broad Or Narrow Exception?, Adam A. Bereston
Catholic University Law Review
The advent of new technology has presented courts with unique challenges when analyzing searches and seizures under the Fourth Amendment. Out of necessity, the application of the Fourth Amendment has evolved to address privacy issues stemming from modern technology that could not have been anticipated by the Amendment’s drafters. As part of this evolution, the Supreme Court devised the “private search” doctrine, which upholds the constitutionality of warrantless police searches of items that were previously searched by a private party, so long as the police search does not exceed the scope of the private-party search. However, courts have struggled to …
Obergefell’S Impact On Functional Families,
2017
The Catholic University of America, Columbus School of Law
Obergefell’S Impact On Functional Families, Raymond C. O'Brien
Catholic University Law Review
More than forty percent of children born in America are born to unmarried parents and only half of all cohabitating adults in America are currently married. While many children are born to single parents, others are part of the two-person unmarried cohabiting functional family paradigm. What is the status of these children?
This article examines the changing paradigm of parental status, specifically vis-à-vis homosexual couples with children, and the rights of the non-biological parent after separation. This article examines the changes in law in regards to unmarried parents leading up to the Uniform Parentage Act. It describes the equitable remedies …
Adequate Psychiatric Treatment - A Constitutional Right,
2017
St. John's University School of Law
Adequate Psychiatric Treatment - A Constitutional Right
The Catholic Lawyer
No abstract provided.
Wade & Bolton: Fundamental Legal Errors And Dangerous Implications,
2017
St. John's University School of Law
Wade & Bolton: Fundamental Legal Errors And Dangerous Implications, Robert M. Byrn
The Catholic Lawyer
No abstract provided.
Cruel And Unusual Punishment: Of Straps And Strip Cells,
2017
St. John's University School of Law
Cruel And Unusual Punishment: Of Straps And Strip Cells, Vincent C. Alexander, Neil A. Nowick
The Catholic Lawyer
No abstract provided.
A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention,
2017
Hebrew University of Jerusalem
A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany
International Law Studies
This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial for the …
March 20, 2017: Hypocrisy On Neil Gorsuch,
2017
Duquesne University
March 20, 2017: Hypocrisy On Neil Gorsuch, Bruce Ledewitz
Hallowed Secularism
Blog post, “Hypocrisy on Neil Gorsuch“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama,
2017
Barry University School of Law
The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood
Barry Law Review
No abstract provided.
March 18, 2017: The Liberal Religious Cake,
2017
Duquesne University
March 18, 2017: The Liberal Religious Cake, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Liberal Religious Cake“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Justice For Noncitizens: A Case For Reforming The Immigration Legal System,
2017
Washington and Lee University
Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson
VA Engage Journal
The immigration legal system exists as a function of the executive branch rather than the judicial branch, and many of the constitutional rights guaranteed in a judicial court do not continue into the immigration legal sphere. Noncitizen defendants in the immigration court system are not guaranteed the same due process rights or right to appointed counsel as United States citizens, which severely limits their chance of a successful outcome. Moreover, while many noncitizens await their trials in these courts, they are often placed in one of the 234 immigration detention facilities across the nation, which further exacerbates the direness of …
Rx For Population Deconcentration,
2017
St. John's University School of Law
Rx For Population Deconcentration, Judith T. Younger
The Catholic Lawyer
No abstract provided.
The Right To Abortion: Expansion Of The Right To Privacy Through The Fourteenth Amendment,
2017
St. John's University School of Law
The Right To Abortion: Expansion Of The Right To Privacy Through The Fourteenth Amendment, David Goldenberg
The Catholic Lawyer
No abstract provided.
The Supreme Court On Abortion - A Dissenting Opinion,
2017
St. John's University School of Law
The Supreme Court On Abortion - A Dissenting Opinion, Patrick T. Conley, Robert J. Mckenna
The Catholic Lawyer
No abstract provided.
Western Cab Co. V. Eighth Jud. Dist. Ct., 133 Nev. Adv. Op. 10, (Mar. 16, 2017),
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Western Cab Co. V. Eighth Jud. Dist. Ct., 133 Nev. Adv. Op. 10, (Mar. 16, 2017), Sydney Campau
Nevada Supreme Court Summaries
An employer challenged the validity of Nevada’s Minimum Wage Amendment (MWA). The Court held that (1) the MWA is not preempted by the NLRA, (2) the MWA is not preempted by ERISA, and (3) the MWA is not unconstitutionally vague. The Court declined to address factual issues related to the employer’s wage calculations.
Roe V. Doe: Child's Right To A College Education V. Parent's Right Of Control,
2017
St. John's University School of Law
Roe V. Doe: Child's Right To A College Education V. Parent's Right Of Control, William C. Podurgiel
The Catholic Lawyer
No abstract provided.
Equal Educational Opportunity: A Case For The Children,
2017
St. John's University School of Law
Equal Educational Opportunity: A Case For The Children, Kathaleen B. Burke
The Catholic Lawyer
No abstract provided.
False Commercial Speech And The First Amendment: Understanding The Implications Of The Equivalency Principle,
2017
William & Mary Law School
False Commercial Speech And The First Amendment: Understanding The Implications Of The Equivalency Principle, Martin H. Redish, Kyle Voils
William & Mary Bill of Rights Journal
No abstract provided.
