Introduction: The Constitutional Law Of International Commercial Arbitration,
2014
University of Georgia School of Law
Introduction: The Constitutional Law Of International Commercial Arbitration, Peter B. Rutledge
Georgia Journal of International & Comparative Law
No abstract provided.
Qualified Immunity And Statutory Interpretation,
2014
Seattle University School of Law
Qualified Immunity And Statutory Interpretation, Ilan Wurman
Seattle University Law Review
Before the 1989 case of Graham v. Connor, excessive force cases were pursued under either state law or the insuperable “shocks the conscience” test of the Fourteenth Amendment. Only after Graham did excessive force cases—now under the Fourth Amendment and 42 U.S.C. § 1983—inundate the federal courts, which had by then granted far-reaching immunities to officers for their constitutional torts. As a result of federal qualified immunity doctrine, which many states have adopted for themselves, excessive force cases rarely get to trial, plaintiffs often cannot recover, and courts struggle to find principled distinctions from one qualified immunity case to the …
September 6, 2014: Religion In Magic In The Moonlight,
2014
Duquesne University
September 6, 2014: Religion In Magic In The Moonlight, Bruce Ledewitz
Hallowed Secularism
Blog post, “Religion in Magic in the Moonlight“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers,
2014
University of Georgia School of Law
Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell
Georgia Journal of International & Comparative Law
No abstract provided.
The Free Exercise Clause: Fealty To God Or Caesar,
2014
Bentley College
The Free Exercise Clause: Fealty To God Or Caesar, John O. Hayward
John O. Hayward
This essay furnishes a modest definition of “religion,” briefly reviews the historical background of the Free Exercise Clause, examines several significant U.S. Supreme Court decisions, including the controversial Hobby Lobby case, that have defined, expanded and limited this clause, and finally, argues that the Court in interpreting the Free Exercise clause should be mindful of the writings of seventeenth century political philosopher John Locke (1632-1704), who maintained that the state should allow all religions to pursue their own goals as long as they don’t produce civil harms. Lastly, the article concludes with a caveat that a country whose citizens have …
Germany And The U.S. Present: A Roadmap For Protecting State Sovereignty In The European Stability Mechanism,
2014
University of Georgia School of Law
Germany And The U.S. Present: A Roadmap For Protecting State Sovereignty In The European Stability Mechanism, Matthew Gregory
Georgia Journal of International & Comparative Law
No abstract provided.
Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa,
2014
Willamette University College of Law
Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner
Georgia Journal of International & Comparative Law
No abstract provided.
Due Process Rights Before Eu Agencies: The Rights Of Defense,
2014
University of Georgia School of Law
Due Process Rights Before Eu Agencies: The Rights Of Defense, David E. Shipley
Georgia Journal of International & Comparative Law
No abstract provided.
Section 2: Congress & The Obama White House,
2014
William & Mary Law School
Section 2: Congress & The Obama White House, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 5: First Amendment,
2014
William & Mary Law School
Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
A Solution To Michigan's Child Shackling Problem,
2014
University of Michigan Law School
A Solution To Michigan's Child Shackling Problem, Gabe Newland
Michigan Law Review First Impressions
Detained children routinely appear before Michigan's juvenile courts shackled with handcuffs, leg irons, and belly chains. Once security officers bring a child to court in these shackles, the child usually remains in them for her hearing or trial. In Michigan, as in many other states, no statute or court rule requires the judge to decide whether shackles are necessary. This Essay argues that Michigan should pass legislation or amend state court rules to create a presumption against shackling children. Unless a child poses a substantial risk of flight or physical danger and less restrictive alternatives to shackling will not adequately …
Ages Of The Delegates At The Federal Convention: Early Birds And Worms?,
2014
Purdue University
Ages Of The Delegates At The Federal Convention: Early Birds And Worms?, Peter Aschenbrenner
Peter J. Aschenbrenner
Of the fifty-five delegates who attended the federal convention at Philadelphia in 1787, the median in age was Oliver Ellsworth of Connecticut, thirty-two years old. The delegate with the median remaining life span was Jacob Broom of Delaware (thirty-three years). The early arrivers were neither older nor younger than the others. Nor were they marked down for a shorter or longer remaining lifespan.
Initial Federal Offices Created/Contemplated By The Philadelphia Constitution,
2014
Purdue University
Initial Federal Offices Created/Contemplated By The Philadelphia Constitution, Peter Aschenbrenner
Peter J. Aschenbrenner
Whether commands, permission, or prohibitions are trafficked, this three-way division credited to Jeremy Bentham, spatial logic dictates that for every office there must be, sooner or later, an office holder. The one hundred and seven offices created or contemplated by the Philadelphia Constitution are surveyed.
Table Annexed To Article: Unique Words In Constitutions I And Ii Surveyed,
2014
Purdue University
Table Annexed To Article: Unique Words In Constitutions I And Ii Surveyed, Peter Aschenbrenner
Peter J. Aschenbrenner
Constitution I and Constitution II are surveyed with all words treated as appearing only once; that is, appearing uniquely. The texture of the two constitutions is presented with comparative lists of the 775 unique words of Constitution I with the 831 unique words of Constitution II; the 406 unique words of Constitution II which appear in Constitution I are calendared.
Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory,
2014
Georgia State University
Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito
Florida A & M University Law Review
More than a half-century after the civil rights era, people of color in the United States remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution's guarantee of equal protection remain elusive. This article argues that the "racial realism" advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative's depiction of the United States as a "nation of immigrants" with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not …
The Speedy Trial Right And National Security Detentions: Critical Comments On United States V. Ghailani,
2014
University at Buffalo School of Law
The Speedy Trial Right And National Security Detentions: Critical Comments On United States V. Ghailani, Anthony O'Rourke
Journal Articles
This article reviews the decision of the United States Court of Appeals for the Second Circuit to uphold the conviction and sentence of Ahmed Khalfan Ghailani, the sole Guantánamo detainee to have been transferred to the United States for trial. Ghailani was captured nearly five years before his arraignment and argued that his constitutional right to a speedy trial was violated by the delay. The article contends that, in rejecting Ghailani’s argument, the Second Circuit distorted the doctrinal framework governing speedy trial claims and mischaracterized the interests that the speedy trial right is intended to protect. The article also explores …
September 1, 2014: Was Hallowed Secularism Just Ahead Of Its Time?,
2014
Duquesne University
September 1, 2014: Was Hallowed Secularism Just Ahead Of Its Time?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Was Hallowed Secularism Just Ahead of Its Time?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs,
2014
West Virginia University School of Law
Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger
West Virginia Law Review
No abstract provided.
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights,
2014
Washington and Lee University School of Law
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong
Washington and Lee Journal of Energy, Climate, and the Environment
Climate change is one of the largest environmental problems the world is currently facing. At the forefront of the climate change issue is the problem of carbon emissions. Environmentalists were hopeful that a national regulatory structure would be created with the enactment of the Clean Air Act in the 1970s. Since its enactment, however, it is clear the Clean Air Act was not the solution to the national carbon emissions problem environmentalists were hoping for. With the federal government failing to act, states have taken it upon themselves to regulate carbon emissions. California, with its enactment of the California Low …
According To The Spirit And Not To The Letter: Proportionality And The Singapore Constitution,
2014
Singapore Management University
According To The Spirit And Not To The Letter: Proportionality And The Singapore Constitution, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
When interpreting the fundamental liberties in the Singapore Constitution, courts presently do not engage in a proportionality analysis – that is, a consideration of whether limitations on rights imposed by executive or legislative action bear a rational relation with the object of the action, and, if so, whether the limitations restrict rights as minimally as possible. The main reason for this appears to be the expansive manner in which exceptions to the fundamental liberties are phrased, and the courts’ deferential attitude towards the political branches of government. This paper considers how the rejection of proportionality has affected the rights to …
