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Tiers Of Scrutiny In A Hierarchical Judiciary, Tara Leigh Grove 2016 William & Mary Law School

Tiers Of Scrutiny In A Hierarchical Judiciary, Tara Leigh Grove

Faculty Publications

No abstract provided.


Fast-Track To Injustice: Rapidly Deporting The Mentally Ill, Aimee L. Mayer-Salins 2016 Boston College

Fast-Track To Injustice: Rapidly Deporting The Mentally Ill, Aimee L. Mayer-Salins

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


The Death Penalty Experiment: State-Sanctioned Laboratories Of Death, Steffi Yellin 2016 Benjamin N. Cardozo School of Law

The Death Penalty Experiment: State-Sanctioned Laboratories Of Death, Steffi Yellin

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Book Review Of Constitutional Personae, Michael N. Umberger 2016 College of William and Mary

Book Review Of Constitutional Personae, Michael N. Umberger

Library Staff Publications

No abstract provided.


Worse Than Pirates Or Prussian Chancellors: A State's Authority To Opt-Out Of The Quid Pro Quo, Michael C. Duff 2016 Saint Louis University School of Law

Worse Than Pirates Or Prussian Chancellors: A State's Authority To Opt-Out Of The Quid Pro Quo, Michael C. Duff

All Faculty Scholarship

Privatization of public law dispute resolution in workplaces has been under intense scrutiny in the context of arbitration. Another kind of workplace dispute privatization is presently underway, or under serious consideration, in several states. In connection with state workers’ compensation statutes, one state has implemented, and others are considering, a dispute resolution model in which employers are explicitly authorized to “opt out” of coverage. “Alternative benefit plans,” created under such statutes, permit employers to, among other things, unilaterally and without limitation designate private fact-finders, whose conclusions are subject to highly deferential judicial review. This model is arbitration on steroids. While …


The Moral Reading As A Practice: A Response To Three Comments On Fidelity To Our Imperfect Constitution, James E. Fleming 2016 Boston University School of Law

The Moral Reading As A Practice: A Response To Three Comments On Fidelity To Our Imperfect Constitution, James E. Fleming

Faculty Scholarship

In recent years, many originalists have claimed a monopoly on concern for fidelity in constitutional interpretation. In my book, Fidelity to Our Imperfect Constitution, 1 I reject originalisms—whether old or new, concrete or abstract, living or dead. Instead, I defend what Ronald Dworkin called a “moral reading” of the United States Constitution, or a “philosophic approach” to constitutional interpretation. I refer to conceptions of the Constitution as embodying abstract moral and political principles—not codifying concrete historical rules or practices—and of interpretation of those principles as requiring normative judgments about how they are best understood—not merely historical research to discover relatively …


Singapore's Elected President: An Office That Is Still Evolving, Jack Tsen-Ta LEE 2016 Singapore Management University

Singapore's Elected President: An Office That Is Still Evolving, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Constitutional changes effected to Singapore's Constitution in 1991 transformed the office of President from a purely ceremonial one chosen by the Parliament, to one directly elected by the people exercising certain discretionary powers. Among other things, the President may now veto attempts by the Government to deplete the nation's past financial reserves, and to effect unsuitable appointments to or dismissals of key public officers. Now, the Government is proposing to tweak the system further.


Reflections Of An Empirical Reader (Or: Could Fleming Be Right This Time?), Gary S. Lawson 2016 Boston Univeristy School of Law

Reflections Of An Empirical Reader (Or: Could Fleming Be Right This Time?), Gary S. Lawson

Faculty Scholarship

Professor Jim Fleming’s new book, Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalisms, purports to critique all forms of originalism from the perspective of Professor Fleming’s “moral reading” of, or “philosophic approach” to, the Constitution. I propose a somewhat different opposition: empirical reading versus moral reading. Empirical reading is necessarily originalist, but it focuses directly on the need to ground interpretation in theories of concepts, language, and communication. In this short comment, I outline the research agenda for a theory of empirical reading, explore the extent to which empirical readings and moral readings of the Constitution are …


Lewis V. Lewis, 132 Nev. Adv. Op. 46 (June 30, 2016), Paul George 2016 University of Nevada Las Vegas William S. Boyd School of Law

Lewis V. Lewis, 132 Nev. Adv. Op. 46 (June 30, 2016), Paul George

Nevada Supreme Court Summaries

A contempt order that does not contain a purge clause is criminal in nature, therefore the Sixth Amendment right to counsel applies.


Scenic Nevada, Inc. V. City Of Reno, 132 Nev. Adv. Op. 48 (June 30, 2016), Paul George 2016 Nevada Law Journal

Scenic Nevada, Inc. V. City Of Reno, 132 Nev. Adv. Op. 48 (June 30, 2016), Paul George

Nevada Supreme Court Summaries

The Nevada Constitution, Article 19, § 2(3), prohibits the Legislature from amending or repealing a voter initiative statute for the first three years after it takes effect. The Court held that this three year moratorium also applies to voter-initiated municipal ordinances. The Court, therefore, upheld the lower court’s denial of declaratory relief because the legislature passed/reenacted the challenged ordinance after the moratorium expired.


June 28, 2016: Humans Will Walk On Mars In The Century, Bruce Ledewitz 2016 Duquesne University

June 28, 2016: Humans Will Walk On Mars In The Century, Bruce Ledewitz

Hallowed Secularism

Blog post, “Humans Will Walk On Mars in the Century“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr. 2016 University of Georgia School of Law

Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr. 2016 University of Georgia School of Law

Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Does The Mechanical License Provision Of The Copyright Act Violate The Copyright Clause?, Maryna Koberidze 2016 Pepperdine University

Does The Mechanical License Provision Of The Copyright Act Violate The Copyright Clause?, Maryna Koberidze

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Newsroom: Goldstein On Drug Databases 6-27-2016, Sheri Qualters, Roger Williams University School of Law 2016 Rhode Island Lawyers Weekly

Newsroom: Goldstein On Drug Databases 6-27-2016, Sheri Qualters, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Should The State Aid Private Schools?, Robert F. Drinan, S.J. 2016 St. John's University School of Law

Should The State Aid Private Schools?, Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.


Editorial Comment, Edward T. Fagan 2016 St. John's University School of Law

Editorial Comment, Edward T. Fagan

The Catholic Lawyer

No abstract provided.


Moving Beyond Miranda: Concessions For Confessions, Scott W. Howe 2016 Northwestern Pritzker School of Law

Moving Beyond Miranda: Concessions For Confessions, Scott W. Howe

Northwestern University Law Review

The law governing police interrogation provides perverse incentives. For criminal suspects, the law rewards obstruction and concealment. For police officers, it honors deceit and psychological aggression. For the courts and the rest of us, it encourages blindness and rationalization. This Article contends that the law could help foster better behaviors. The law could incentivize criminals to confess without police trickery and oppression. It could motivate police officers involved in obtaining suspect statements to avoid chicanery and duress. And, it could summon courts and the rest of us to speak more truthfully about whether suspect admissions are the product of informed, …


Prosecuting Online Threats After Elonis, Michael Pierce 2016 Northwestern Pritzker School of Law

Prosecuting Online Threats After Elonis, Michael Pierce

Northwestern University Law Review

In Elonis v. United States, decided last term, the Supreme Court vacated a conviction for online threats on the ground that the lower court erred in its instructions to the jury regarding mens rea. In doing so, however, the Court declined to articulate which mens rea standard would have sustained a conviction. It is thus currently uncertain which mens rea the government must prove when prosecuting online threats under 18 U.S.C. § 875(c). The Elonis Court discussed three potential mens rea standards; as universal standards for online threats, each leaves something to be desired. Fortunately, federal courts need not …


June 22, 2016: Purposeful Obfuscation On Gun Control, Bruce Ledewitz 2016 Duquesne University

June 22, 2016: Purposeful Obfuscation On Gun Control, Bruce Ledewitz

Hallowed Secularism

Blog post, “Purposeful Obfuscation on Gun Control“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


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