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Constitutionalizing Corporate Law, Elizabeth Pollman 2016 Vanderbilt University Law School

Constitutionalizing Corporate Law, Elizabeth Pollman

Vanderbilt Law Review

The Supreme Court has recently decided some of the most important and controversial cases involving the federal rights of corporations in over two hundred years of jurisprudence. In rulings ranging from corporate political spending to religious liberty rights, the Court has dramatically expanded the zone in which corporations can act free from regulation. This Article argues these decisions represent a doctrinal shift, even from previous cases granting rights to corporations. The modern corporate rights doctrine has put unprecedented weight on state corporate law to act as a mechanism for resolving disputes among corporate participants regarding the expressive and religious activity …


March 31, 2016: Well, If It Is A Crime, Why Shouldn’T Women Be Punished?, Bruce Ledewitz 2016 Duquesne University

March 31, 2016: Well, If It Is A Crime, Why Shouldn’T Women Be Punished?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Well, If It is a Crime, Why Shouldn’t Women Be Punished?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Congressional Management Of The District Of Columbia Prior To Home Rule: The Struggle To Understand Power Lines In The Nation's Capital, James Moeller 2016 University of the District of Columbia School of Law

Congressional Management Of The District Of Columbia Prior To Home Rule: The Struggle To Understand Power Lines In The Nation's Capital, James Moeller

University of the District of Columbia Law Review

Article I, Section 8 of the U.S. Constitution authorizes the U.S.Congress to establish a federal capital and "[t]o exercise exclusive Legislation in all Cases whatsoever, over such District."' For this reason, Congress has exclusive jurisdiction over the District ofColumbia ("District"), which has neither statehood nor voting representation in Congress. In 1973, Congress enacted the District of Columbia Home Rule Act,which delegated some measure of local self-governance to the District.2Since 1973, District residents have elected their own mayor and city council. Council legislation, however, is still subject to review by Congress, which also approves the annual budget for the District.


On Doctrinal Confusion: The Case Of The State Action Doctrine, Christopher W. Schmidt 2016 Brigham Young University Law School

On Doctrinal Confusion: The Case Of The State Action Doctrine, Christopher W. Schmidt

BYU Law Review

In this Article, I use a case study of the Fourteenth Amendment’s state action doctrine as a vehicle to consider, and partially defend, the phenomenon of persistent doctrinal confusion in constitutional law. Certain areas of constitutional law are messy. Precedents seem to contradict one another; the relevant tests are difficult to apply to new facts and new issues; the principles that underlie the doctrine are difficult to discern. They may become a “conceptual disaster area,” as Charles Black once described the state action doctrine. By examining the evolution of the state action doctrine, this notoriously murky field of constitutional law, …


Rogachova V. Ministry Of Interior, Miriam Naor, Elyakim Rubinstein, Salim Joubran, Esther Hayut, Hanan Melcer, Isaac Amit, Neal Hendel 2016 Supreme Court of Israel

Rogachova V. Ministry Of Interior, Miriam Naor, Elyakim Rubinstein, Salim Joubran, Esther Hayut, Hanan Melcer, Isaac Amit, Neal Hendel

Translated Opinions

The Petitioners arrived in Israel from different places throughout the world, and while in Israel, underwent the conversion in an Orthodox community that did not operate within the framework of the state conversion system. The question that must be decided is whether these petitioners should be recognized as Jews for the purpose of the Law of Return. The Respondents argue that from an interpretative point of view, the Law of Return was not intended to apply to a person who converted while already living in Israel, and that a conversion performed in Israel should not be recognized unless it was …


State V. Boston, 132 Nev. Adv. Op. 20 (March. 31, 2016), Nancy Snow 2016 Nevada Law Journal

State V. Boston, 132 Nev. Adv. Op. 20 (March. 31, 2016), Nancy Snow

Nevada Supreme Court Summaries

After a jury trial, Defendant was convicted of two counts of first-degree murder with the use of a deadly weapon, one count of conspiracy to commit murder, and related crimes. Defendant was sentenced to death of each murder. The district court denied Defendant’s motion to suppress statements he made in two interviews with police after his initial appearance before a magistrate. The Supreme Court reversed, holding (1) the district court did not err in denying Defendant’s motion to suppress, as his Sixth Amendment right to counsel attached at his initial appearance before the magistrate, but Defendant waived his right to …


Copyright And The Constitution In The Age Of Intellectual Property, David Lange 2016 Duke University School of Law

Copyright And The Constitution In The Age Of Intellectual Property, David Lange

Journal of Intellectual Property Law

No abstract provided.


Copyright And "The Exclusive Right " Of Authors, L. Ray Patterson 2016 University of Georgia School of Law

Copyright And "The Exclusive Right " Of Authors, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.


At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez 2016 The Catholic University of America, Columbus School of Law

At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez

Catholic University Law Review

Reviewing the intersection of a religious organization’s right to select employees based on their goals and mission and modern employment law, this article argues that the analysis of the ministerial exception will depend on the type of suit brought. Specifically, the Article identifies five analytical categories: (1) employment discrimination/employment retaliation claims; (2) breach of employment contract claims; (3) whistleblower claims; (4) tort claims; and (5) miscellaneous claims.

The Article begins by describing the ministerial exception and ecclesiastical abstention doctrines that exist under the First Amendment through the lens of the Supreme Court’s decision in Hosanna-Tabor Evangelical Lutheran Church & School …


The Quid Pro Quo Quark: Unstable Elementary Particle Of Honest Services Fraud, Brian H. Connor 2016 The Catholic University of America, Columbus School of Law

The Quid Pro Quo Quark: Unstable Elementary Particle Of Honest Services Fraud, Brian H. Connor

Catholic University Law Review

From 1946 to 1987, the federal mail fraud statute, 18 U.S.C. § 1341, was a powerful tool for the prosecution of political corruption. In a line of decisions beginning with the Fifth Circuit’s in Shushan v. United States, and ending with the Supreme Court’s decision in McNally v. United States, courts upheld the use of the statute to prosecute officials who had deprived the public of its “intangible right” to the official’s “honest services.” In 1988, after the Supreme Court held this theory unconstitutionally vague in McNally, Congress enacted § 1346, intending to restore “honest services fraud” …


Hopeful Clarity Or Hopeless Disarray?: An Examination Of Town Of Greece V. Galloway And The Establishment Clause, Krista M. Pikus 2016 The Catholic University of America, Columbus School of Law

Hopeful Clarity Or Hopeless Disarray?: An Examination Of Town Of Greece V. Galloway And The Establishment Clause, Krista M. Pikus

Catholic University Law Review

Reviewing Establishment Clause jurisprudence of the Supreme Court, this article notes that the current state of this area of law is in hopeless disarray and argues that the Court should resolve this confusion by employing a few proposed solutions. The article begins by reviewing and analyzing the confusion surrounding modern Establishment Clause jurisprudence. The article then discusses what interpretation of the Establishment Clause should be controlling: strict-separationism, nonpreferentialism, enhanced federalism, or the incorporation doctrine. Next, the article details what is wrong with modern establishment clause jurisprudence, namely, the Court’s inconsistent application of different tests to assess government action under the …


Wobbling On The Shoulders Of Giants: The Supreme Court's Failure In Lotus V. Borland, Bradley W. Grout 2016 University of Georgia School of Law

Wobbling On The Shoulders Of Giants: The Supreme Court's Failure In Lotus V. Borland, Bradley W. Grout

Journal of Intellectual Property Law

No abstract provided.


Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr. 2016 University of Georgia School of Law

Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr.

Journal of Intellectual Property Law

No abstract provided.


The Jury's Role In Patent Cases: Markman V. Westview Instruments, Inc., Paul N. Higbee Jr. 2016 University of Georgia School of Law

The Jury's Role In Patent Cases: Markman V. Westview Instruments, Inc., Paul N. Higbee Jr.

Journal of Intellectual Property Law

No abstract provided.


But How Far? Rite-Hite Corp. V. Kelley Co.'S Expansion Of The Scope Of Patent Damages, Robert J. Cox 2016 University of Georgia School of Law

But How Far? Rite-Hite Corp. V. Kelley Co.'S Expansion Of The Scope Of Patent Damages, Robert J. Cox

Journal of Intellectual Property Law

No abstract provided.


Unofficial Opinion Of The Attorney General Of The State Of Georgia: The Scope Of The Fair Use Doctrine, Department of Law State of Georgia, Michael E. Hobbs, L. Ray Patterson 2016 University of Georgia School of Law

Unofficial Opinion Of The Attorney General Of The State Of Georgia: The Scope Of The Fair Use Doctrine, Department Of Law State Of Georgia, Michael E. Hobbs, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.


Constitutionality Of Judicially-Imposed Compulsory Licenses In Copyright Infringement Cases, Jason S. Rooks 2016 University of Georgia School of Law

Constitutionality Of Judicially-Imposed Compulsory Licenses In Copyright Infringement Cases, Jason S. Rooks

Journal of Intellectual Property Law

No abstract provided.


Back To The Future: How Federal Courts Create A Federal Common-Law Copyright Through Permanent Injunctions Protecting Future Works, Kristina Rosette 2016 University of Georgia School of Law

Back To The Future: How Federal Courts Create A Federal Common-Law Copyright Through Permanent Injunctions Protecting Future Works, Kristina Rosette

Journal of Intellectual Property Law

No abstract provided.


Chipping Away At The Copyright Owner's Rights: Congress' Continued Reliance On The Compulsory License, Darlene A. Cote 2016 University of Georgia School of Law

Chipping Away At The Copyright Owner's Rights: Congress' Continued Reliance On The Compulsory License, Darlene A. Cote

Journal of Intellectual Property Law

No abstract provided.


To Promote The Progress Of Science And Useful Arts: The Background And Origin Of The Intellectual Property Clause Of The United States Constitution, Edward C. Walterscheid 2016 University of California Los Alamos National Laboratory

To Promote The Progress Of Science And Useful Arts: The Background And Origin Of The Intellectual Property Clause Of The United States Constitution, Edward C. Walterscheid

Journal of Intellectual Property Law

No abstract provided.


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