Seeking Common Ground In The Abortion Regulation Debate,
2014
Notre Dame Law School
Seeking Common Ground In The Abortion Regulation Debate, Jessica Arden Ettinger
Notre Dame Law Review
This Note argues that requiring abortion clinics to adhere to the same standards as ambulatory surgical centers is unconstitutional, at least in the context of those clinics that provide only medication abortion, because it unduly burdens a woman’s right to choose whether to obtain an abortion. Although there may be a rational basis to require abortion clinics offering surgical abortion procedures to meet surgical facility standards, no such basis attends the imposition of those requirements on clinics that provide nonsurgical services. Given the number of clinics that continue to close in the face of this new regulatory legislation—which significantly reduces …
Judge Posner, Judge Wilkinson, And Judicial Critique Of Constitutional Theory,
2014
St. John's University School of Law
Judge Posner, Judge Wilkinson, And Judicial Critique Of Constitutional Theory, Marc O. Degirolami, Kevin C. Walsh
Notre Dame Law Review
Judge Richard Posner’s well-known view is that constitutional theory is useless. And Judge J. Harvie Wilkinson III has lambasted constitutional theory for the way in which its “cosmic” aspirations threaten democratic self-governance. Many other judges hold similar views. And yet both Posner and Wilkinson—in the popular press, in law review articles, and in books—have advocated what appear to be their own theories of how to judge in constitutional cases. Judicial pragmatism for Posner and judicial restraint for Wilkinson seem to be substitutes for originalism, living constitutionalism, political process theory, and so on. But both Posner and Wilkinson also deny that …
Against Coherence In Statutory Interpretation,
2014
Georgetown University Law Center
Against Coherence In Statutory Interpretation, John David Ohlendorf
Notre Dame Law Review
A long tradition in legal theory views the judicial role as centrally including the duty to make the entire body of law “speak with one voice.” This coherence ideal permeates much of the law of statutory interpretation, but one body of doctrine that it has particularly influenced is the set of standards that federal courts use to determine when a newly enacted statute overrides preexisting legal rules. Determining whether Congress implicitly intends to preempt state law, repeal previous legislation, or displace federal common law is an increasingly important part of the “ordinary diet of the law.” And although, this Article …
Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation,
2014
Suffolk University Law School
Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey
West Virginia Law Review
No abstract provided.
Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry,
2014
Appalachian School of Law
Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker
West Virginia Law Review
No abstract provided.
Intellectual Origins Of (Modern) Substantive Due Process, The,
2014
University of Missouri School of Law
Intellectual Origins Of (Modern) Substantive Due Process, The, Joshua D. Hawley
Faculty Publications
Almost fifty years after the Supreme Court revived the doctrine, substantive due process remains a puzzle. Detractors insist it is nothing more than judicial policy making. Defenders say it accords with the deepest values of the Constitution. But on all sides, the present scholarly debate suffers from an impoverished understanding of modern substantive due process's intellectual history, which has led to an impoverished understanding of the doctrine's core normative content. It is time for a revisionist turn. This Article supplies that turn by excavating the intellectual origins of modern substantive due process and relating that history to the doctrine's development. …
Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media,
2014
Texas A&M University School of Law
Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose
Faculty Scholarship
This paper takes a closer look at the First Amendment rights of college athletes to access social media while simultaneously participating in intercollegiate athletics. The question posed is quite simple: can a coach or athletic department at a public university legally restrict a student-athlete's use of social media? If so, does the First Amendment provide any restraints on the type or length of restrictions that can be imposed? Thus far, neither question has been presented to a court for resolution. However, the answers are vital, as college coaches and athletic directors seek to regulate their athletes in a constitutional manner.
The Limits Of Enumeration,
2014
University of Michigan Law School
The Limits Of Enumeration, Richard A. Primus
Articles
According to a well-known principle of constitutional interpretation here identified as the “internal-limits canon,” the powers of Congress must always be construed as authorizing less legislation than a general police power would. This Article argues that the internallimits canon is unsound. Whether the powers of Congress would in practice authorize any legislation that a police power would authorize is a matter of contingency: it depends on the relationship between the powers and the social world at a given time. There is no reason why, at a given time, the powers cannot turn out to authorize any legislation that a police …
A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court's Creation Of A Categorical Bar,
2014
Cornell Law School
A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court's Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily C. Paavola
Cornell Law Faculty Publications
This article examines empirically the capital cases decided by the lower courts since the United States Supreme Court created the categorical ban against the execution of persons with intellectual disability twelve years ago in the Atkins decision.
Dynamic Surveillance: Evolving Procedures In Metadata And Foreign Content Collection After Snowden,
2014
Roger Williams University School of Law
Dynamic Surveillance: Evolving Procedures In Metadata And Foreign Content Collection After Snowden, Peter Margulies
Law Faculty Scholarship
No abstract provided.
How Wartime Detention Ends,
2014
Benjamin N. Cardozo School of Law
How Wartime Detention Ends, Deborah N. Pearlstein
Cardozo Law Review
No abstract provided.
Passive Takings: The State's Affirmative Duty To Protect Property,
2014
Vanderbilt Law School
Passive Takings: The State's Affirmative Duty To Protect Property, Christopher Serkin
Michigan Law Review
The purpose of the Fifth Amendment’s Takings Clause is to protect property owners from the most significant costs of legal transitions. Paradigmatically, a regulatory taking involves a government action that interferes with expectations about the content of property rights. Legal change has therefore always been central to regulatory takings claims. This Article argues that it does not need to be and that governments can violate the Takings Clause by failing to act in the face of a changing world. This argument represents much more than a minor refinement of takings law because recognizing governmental liability for failing to act means …
November 30, 2014: More Reasons The Democratic Party Coalition Collapsed,
2014
Duquesne University
November 30, 2014: More Reasons The Democratic Party Coalition Collapsed, Bruce Ledewitz
Hallowed Secularism
Blog post, “More Reasons the Democratic Party Coalition Collapsed“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 26, 2014: Pope Tells Haggard Europe That It Is In Need Of Cultural Renewal,
2014
Duquesne University
November 26, 2014: Pope Tells Haggard Europe That It Is In Need Of Cultural Renewal, Bruce Ledewitz
Hallowed Secularism
Blog post, “Pope Tells Haggard Europe that it is in Need of Cultural Renewal“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Ferguson — What Now?,
2014
William & Mary Law School
European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989),
2014
University of Georgia School of Law
European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa
Georgia Journal of International & Comparative Law
No abstract provided.
The Potential For United States Adoption Of The Genocide Convention And The Convention Against Torture,
2014
U.S. Department of State
The Potential For United States Adoption Of The Genocide Convention And The Convention Against Torture, David Stewart
Georgia Journal of International & Comparative Law
No abstract provided.
The Politics Of Ratification: The Potential For United States Adoption And Enforcement Of The Convention Against Torture, The Covenants On Civil And Political Rights And Economic, Social And Cultural Rights,
2014
University of Florida College of Law
The Politics Of Ratification: The Potential For United States Adoption And Enforcement Of The Convention Against Torture, The Covenants On Civil And Political Rights And Economic, Social And Cultural Rights, Winston P. Nagan
Georgia Journal of International & Comparative Law
No abstract provided.
Panel I-- General Discussion,
2014
University of Georgia School of Law
Panel I-- General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
United States Ratification Of The United Nations Covenants,
2014
University of Virginia School of Law
United States Ratification Of The United Nations Covenants, Richard B. Lillich
Georgia Journal of International & Comparative Law
No abstract provided.
