Diversifying To Mitigate Risk: Can Dodd–Frank Section 342 Help Stabilize The Financial Sector?,
2016
Seton Hall University School of Law
Diversifying To Mitigate Risk: Can Dodd–Frank Section 342 Help Stabilize The Financial Sector?, Kristin Johnson, Steven A. Ramirez, Cary Martin Shelby
Washington and Lee Law Review
No abstract provided.
Guns And Alienage: Correcting A Dangerous Contradiction,
2016
Washington and Lee University School of Law
Guns And Alienage: Correcting A Dangerous Contradiction, D. Mcnair Nichols Jr.
Washington and Lee Law Review
No abstract provided.
A Legal Obituary For Ramiro,
2016
Cornell Law School
A Legal Obituary For Ramiro, Sheri Lynn Johnson
University of Michigan Journal of Law Reform
Most death penalty lawyers who practice long enough will watch the execution of a client. It is always, always terrible, but not always terrible in the same way. With each client’s execution, a lawyer is confronted with the death of a human being—not an accidental death, not an inevitable death, but an avoidable one—and with his or her own failure to prevent that death. Some executions also involve a very personal loss for the lawyer because of their relationship with the client. Other executions are horrific because things go awry and impose extreme suffering on the executed individual. No matter …
Between Judicial Oligarchy And Parliamentary Supremacy: Understanding The Court's Dilemma In Constitutional Judicial Review,
2016
Singapore Management University
Between Judicial Oligarchy And Parliamentary Supremacy: Understanding The Court's Dilemma In Constitutional Judicial Review, Seow Hon Tan
Research Collection Yong Pung How School Of Law
This article considers the dilemma that constitutional judicial review presents to the most well-meaning of judges — that of navigating the narrow and difficult road between parliamentary supremacy and judicial oligarchy. It examines the Singapore Court of Appeal’s delineation of legal and extra-legal considerations in view of Ronald Dworkin’s theory of adjudication in determining the constitutionality of section 377A of the Penal Code in Lim Meng Suang v. Attorney General. It proposes an alternative natural law approach to constitutional judicial review based on Radbruch’s formula, which helps courts to avoid the pitfalls of judicial idiosyncrasies and usurpation of legislative mandate …
The Puzzling Absence Of Economic Power In Constitutional Theory,
2016
Vanderbilt University Law School
The Puzzling Absence Of Economic Power In Constitutional Theory, Ganesh Sitaraman
Vanderbilt Law School Faculty Publications
Contemporary constitutional theory needs to be rooted in a more realistic description of the American political process. This Article frst argues that leading debates in constitutional theory have failed to engage with the reality of elite economic domination and that without taking into account the role economic elites play in American politics, these theories have serious limitations even on their own terms. Second, it shows that any attempt to design institutions to account for the influence of economic power will face persistent, pervasive, and perverse problems. A central task of constitutional theory going forward must be to overcome or at …
The Protection Of Civil And Political Rights By The Constitutional Court Of Indonesia,
2016
TC Beirne School of Law, University of Queensland, Australia
The Protection Of Civil And Political Rights By The Constitutional Court Of Indonesia, Pan Mohamad Faiz
Indonesia Law Review
One of important mechanisms considered effective to protect civil and political rights of the citizens in Indonesia is constitutional review. This mechanism was created after the constitutional reform by establishing the new Constitutional Court in 2003 as an independent and separate court from the Supreme Court. This article examines the development of human rights guaranteed in the Indonesian Constitution. It also provides a critical analysis of the Constitutional Court’s role in protecting civil and political rights in Indonesia through its landmark decisions on five categories, namely: (1) freedom of assembly and association, (2) freedom of opinion, speech and expression, (3) …
August 30, 2016: Ben-Hur, Done That,
2016
Duquesne University
August 30, 2016: Ben-Hur, Done That, Bruce Ledewitz
Hallowed Secularism
Blog post, “Ben-Hur, Done That“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
'Serial' Should Release Bergdahl Interviews,
2016
William & Mary Law School
'Serial' Should Release Bergdahl Interviews, Jeffrey Bellin
Popular Media
No abstract provided.
The Fate Of Armed Resistance Groups After Peace,
2016
Indiana University Maurer School of Law
The Fate Of Armed Resistance Groups After Peace, David C. Williams
Indiana Journal of Constitutional Design
No abstract provided.
August 26, 2016: The Murder Rate Is Down,
2016
Duquesne University
August 26, 2016: The Murder Rate Is Down, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Murder Rate is Down“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 18, 2016: America Would Not Ban The Burkini,
2016
Duquesne University
August 18, 2016: America Would Not Ban The Burkini, Bruce Ledewitz
Hallowed Secularism
Blog post, “America Would Not Ban the Burkini“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma,
2016
Indiana University Maurer School of Law (Student)
Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon
Indiana Journal of Constitutional Design
No abstract provided.
The Voice Of The People: Public Participation In The African Continent,
2016
Indiana University Maurer School of Law (Student)
The Voice Of The People: Public Participation In The African Continent, Rafael Macia
Indiana Journal of Constitutional Design
Public participation is becoming a more common characteristic of constitutional drafting processes around the world, and Africa has not been an exception in this regard. This paper seeks to survey several of the public participation processes undertaken in a number of African nations, in order to examine the methods followed and the effects produced by such processes. For that purpose, I have analyzed the constitutional drafting efforts in South Africa, Uganda, Eritrea, Zimbabwe, Rwanda, Kenya, and Egypt. These processes all show different circumstances and approaches, with variations in terms of their top-down or bottom-up nature, and, more importantly, in terms …
August 15, 2016: The Hottest July In Recorded History,
2016
Duquesne University
August 15, 2016: The Hottest July In Recorded History, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Hottest July in Recorded History“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
State V. Eighth Jud. Dist. Ct. (Schneider), 132 Nev. Adv. Op. 59 (Aug. 12, 2016),
2016
Nevada Law Journal
State V. Eighth Jud. Dist. Ct. (Schneider), 132 Nev. Adv. Op. 59 (Aug. 12, 2016), Ping Chang
Nevada Supreme Court Summaries
The Court held that the district court abused its discretion when overturning a misdemeanor driving under the influence conviction by failing to consider the state’s evidence of the defendant’s guilt.
Mary Lou Cornella V. Churchill County, Et Al., 132 Nev. Adv. Op. 58 (August 12, 2016),
2016
Nevada Law Journal
Mary Lou Cornella V. Churchill County, Et Al., 132 Nev. Adv. Op. 58 (August 12, 2016), Stephanie Glantz
Nevada Supreme Court Summaries
No abstract provided.
August 10, 2016: What They’Re Doing To Bill Mckibben,
2016
Duquesne University
August 10, 2016: What They’Re Doing To Bill Mckibben, Bruce Ledewitz
Hallowed Secularism
Blog post, “What They’re Doing to Bill McKibben“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions,
2016
Pace University School of Law
Cell Phone Searches After Riley: Establishing Probable Cause And Applying Search Warrant Exceptions, Erica L. Danielsen
Pace Law Review
Part I of this note discusses the Fourth Amendment’s protection against unreasonable search and seizures and its probable cause requirement. The Fourth Amendment’s text remains the same since its enactment. However, interpretation of the Fourth Amendment continues to evolve in order to stay current with society. Interpretation of the Fourth Amendment also varies based on state constitutional law since states can provide its citizens with greater protection than the United States Constitution. This is why the United States Supreme Court, federal district courts, and state courts have all undergone thorough Fourth Amendment analyses when applying the true meaning of the …
August 3, 2016: And One More Thing-The Candidates Are Too Old,
2016
Duquesne University
August 3, 2016: And One More Thing-The Candidates Are Too Old, Bruce Ledewitz
Hallowed Secularism
Blog post, “And One More Thing-The Candidates Are Too Old“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Anti-Incarcerative Remedies For Illegal Conditions Of Confinement,
2016
University of Miami Law School
Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger
University of Miami Race & Social Justice Law Review
No abstract provided.
