Technical Difficulties: Why A Broader Reading Of Graham And Miller Should Prohibit De Facto Life Without Parole Sentences For Juvenile Offenders,
2016
St. John's University School of Law
Technical Difficulties: Why A Broader Reading Of Graham And Miller Should Prohibit De Facto Life Without Parole Sentences For Juvenile Offenders, Daniel Jones
St. John's Law Review
(Excerpt)
This Note argues that the spirit of the trilogy prohibits courts from sentencing juvenile offenders, regardless of their crime(s), to de facto life sentences. This Note maintains that the Eighth Amendment of the United States Constitution and the relevant case law render de facto life sentences unconstitutional. Part I examines the history of juvenile sentencing laws and concludes that many of the laws currently in place are based on a misguided fear that juveniles are more culpable than adult offenders. Part I also examines the relevant Supreme Court Eighth Amendment jurisprudence as well as the competing theoretical arguments used …
The Error In Applying The Language Conduit-Agency Theory To Interpreters Under The Confrontation Clause,
2016
St. John's University School of Law
The Error In Applying The Language Conduit-Agency Theory To Interpreters Under The Confrontation Clause, Gregory J. Klubok
St. John's Law Review
(Excerpt)
Part I of this Note explains the origins of the Confrontation Clause and recent Supreme Court jurisprudence on the topic. Part II of this Note explains the current split of authority among the United States Courts of Appeals on whether interpreters who translate at police interrogations are subject to the Confrontation Clause. Part III of this Note explains why the language conduit-agency theory is inherently incompatible with the Confrontation Clause and why the government should have to call the interpreter who translated a defendant’s statements at a police interrogation to the stand if it wants to introduce the interpreter’s …
October 10, 2016: No, Trump Was Not Advocating Sexual Assault,
2016
Duquesne University
October 10, 2016: No, Trump Was Not Advocating Sexual Assault, Bruce Ledewitz
Hallowed Secularism
Blog post, “No, Trump Was Not Advocating Sexual Assault“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Takings And Extortion,
2016
Loyola Law School, Los Angeles
Takings And Extortion, Daniel P. Selmi
Florida Law Review
The Supreme Court has repeatedly employed an extortion narrative in deciding when governmental actions imposing exactions on development projects constitute takings under the Fifth Amendment. In that narrative, local officials act in ever-present bad faith by misusing their regulatory powers to coerce concessions by developers seeking land use approvals. While the extortion narrative has received little attention, it operates as an explanatory device for understanding the Court’s takings jurisprudence in the exactions field. The narrative has justified the expansion of exactions takings law beyond real property, substantially altered the deference normally accorded by the Court to local government actions, and …
The Second Amendment Right To Be Negligent,
2016
University of Memphis Cecil C. Humphreys School of Law
The Second Amendment Right To Be Negligent, Andrew Jay Mcclurg
Florida Law Review
Only two constitutional rights—the First and Second Amendments—have a realistic capacity, through judicial interpretation or legislative action or inaction, to confer a “right to be negligent” on private citizens; that is, a right to engage in objectively unreasonable risk-creating conduct without legal consequences. In the First Amendment context, for example, the Supreme Court, in New York Times v. Sullivan and its progeny, expressly embraced a right to be negligent in defaming public officials and public figures to protect speech. This Article asserts that through both common and statutory law, the United States has enshrined a de facto Second Amendment right …
Content-Neutral And Content-Based Regulations Of Speech: A Distinction That Is No Longer Worth The Fuss,
2016
Indiana University Robert H. McKinney School of Law
Content-Neutral And Content-Based Regulations Of Speech: A Distinction That Is No Longer Worth The Fuss, R. George Wright
Florida Law Review
This Essay establishes that content-based restrictions on speech are no longer uniformly subjected to unequivocally more demanding judicial scrutiny than content-neutral restrictions by examining several recent jurisprudential trends and their effects. The five relevant trends are (1) the compounding complications and failed attempts in seeking to distinguish between content-neutral and content-based regulations of speech in the first place; (2) the crucial judicial option, distinctively available in content-neutral regulation cases, to insist on the realistic availability of ample valued alternative channels through which speakers can continue to convey their message; (3) in partial offset thereof, the rise of the judicial option, …
Chafee On Law And Freedom Of Speech,
2016
St. John's University School of Law
Chafee On Law And Freedom Of Speech, Roy Lechtreck
The Catholic Lawyer
No abstract provided.
The Church Versus Obscene Literature,
2016
St. John's University School of Law
The Church Versus Obscene Literature, Maurice Amen, C.S.C.
The Catholic Lawyer
No abstract provided.
Racially Balanced Schools: Psychological And Legal Aspects,
2016
St. John's University School of Law
Racially Balanced Schools: Psychological And Legal Aspects, Robert F. Drinan, S.J.
The Catholic Lawyer
No abstract provided.
De Jure Integration In Education,
2016
St. John's University School of Law
De Jure Integration In Education, Bernard E. Gegan
The Catholic Lawyer
No abstract provided.
Narcotics Statute Ruled Inapplicable To Religious Use Of Peyote,
2016
St. John's University School of Law
Narcotics Statute Ruled Inapplicable To Religious Use Of Peyote
The Catholic Lawyer
No abstract provided.
Redeeming Social Importance Held Decisive In Determining Question Of Obscenity,
2016
St. John's University School of Law
Redeeming Social Importance Held Decisive In Determining Question Of Obscenity
The Catholic Lawyer
No abstract provided.
Loyalty Oath Held Unconstitutionally Vague,
2016
St. John's University School of Law
Obscenity: Police Enforcement Problems,
2016
St. John's University School of Law
Obscenity: Police Enforcement Problems, John J. Sullivan
The Catholic Lawyer
No abstract provided.
Obscenity: Prosecution Problems And Legislative Suggestions,
2016
St. John's University School of Law
Obscenity: Prosecution Problems And Legislative Suggestions, Richard H. Kuh
The Catholic Lawyer
No abstract provided.
Obscenity Control And Minors - The Case For A Separate Standard,
2016
St. John's University School of Law
Obscenity Control And Minors - The Case For A Separate Standard, Edward T. Fagan
The Catholic Lawyer
No abstract provided.
October 8, 2016: Nihilism Looks Like This,
2016
Duquesne University
October 8, 2016: Nihilism Looks Like This, Bruce Ledewitz
Hallowed Secularism
Blog post, “Nihilism Looks Like This“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Open Data,
2016
The University of Akron
Open Data, Charles Roman
ConLawNOW
With two recent initiatives, OhioCheckbook.com and DataOhio, Ohio is on the cutting edge of the open data movement, and with the right decisions and policies, it can become one of the leading states in the nation for access to open data, voluntarily and proactively released by the government. It is the future of public records. Rather than merely responding to requests, governments can post information online and citizens can more easily access the data thanks to advances in technology. Technology has changed the way public records are collected, stored, and made available. People no longer have to make requests for …
Adult Patient Compelled To Take Blood Transfusion Contrary To Religious Belief,
2016
St. John's University School of Law
Adult Patient Compelled To Take Blood Transfusion Contrary To Religious Belief
The Catholic Lawyer
No abstract provided.
Appearance By Both Parties Held Insufficient To Validate Mexican Divorce Decree,
2016
St. John's University School of Law
Appearance By Both Parties Held Insufficient To Validate Mexican Divorce Decree
The Catholic Lawyer
No abstract provided.
