Tribes And Race: The Court’S Missed Opportunity In Adoptive Couple V. Baby Girl,
2014
Pace University
Tribes And Race: The Court’S Missed Opportunity In Adoptive Couple V. Baby Girl, Christopher Deluzio
Pace Law Review
Part I of this article will provide an overview of the legal doctrines implicated in Adoptive Couple v. Baby Girl. First, Part I will discuss both Indian Child Welfare Act’s text and purpose and scholarly attention given to the law. Second, Part I will examine the law of putative fathers insofar as relevant to understanding ICWA’s application in Adoptive Couple. Part II provides insight into the Court’s equal protection jurisprudence with a particular emphasis on considerations of race in adoption and laws implicating Indian tribes. This Part introduces the limited scholarly treatment afforded to the equal protection issues implicated by …
Sela V. Yehieli,
2014
Supreme Court of Israel
Sela V. Yehieli, Uzi Vogelman, Esther Hayut, Neal Hendel
Translated Opinions
[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]
Facts: An appeal of the decision of the Haifa Administrative Affairs Court, dismissing the petition of the Appellants and holding that the court should not intervene in the decision of the Kfar Vradim local council according to which a women’s mikve (ritual bath) would not be constructed in the town in the near future.
Held: As a rule, a local council enjoys broad discretion …
"Freedom!" For Scotland: A Hollywood Tagline, But A Holyrood Prerogative,
2014
University of Georgia School of Law
"Freedom!" For Scotland: A Hollywood Tagline, But A Holyrood Prerogative, Andrew Murdison
Georgia Journal of International & Comparative Law
No abstract provided.
B.Y.O. Heroin: Will Canada Finally Recognize The Fundamental Rights Of Injection Drug Users By Providing Access To Safe Injection Facilities?,
2014
University of Georgia School of Law
B.Y.O. Heroin: Will Canada Finally Recognize The Fundamental Rights Of Injection Drug Users By Providing Access To Safe Injection Facilities?, Robert Marston
Georgia Journal of International & Comparative Law
No abstract provided.
The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal,
2014
Georgetown University Law Center
The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh
Georgia Journal of International & Comparative Law
No abstract provided.
The New York Convention After Fifty Years: Some Reflections On The Role Of National Law,
2014
New York University School of Law
The New York Convention After Fifty Years: Some Reflections On The Role Of National Law, Linda Silberman
Georgia Journal of International & Comparative Law
No abstract provided.
Keynote Address: Arbitration And The Freedom To Associate,
2014
Wilmer, Cutler, Pickering, Hale and Dorr, LLP.
Keynote Address: Arbitration And The Freedom To Associate, Gary B. Born
Georgia Journal of International & Comparative Law
No abstract provided.
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.
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.
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 …
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.
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 Ascending Role Of Crime Vctims In Plea-Bargaining And Beyond,
2014
Western State College of Law
The Ascending Role Of Crime Vctims In Plea-Bargaining And Beyond, Elizabeth N. Jones
West Virginia Law Review
No abstract provided.
Answering The Serious Constitutional Question: Ensuing Meaningful Review Of All Constitutional Claims,
2014
University of New Mexico School of Law
Answering The Serious Constitutional Question: Ensuing Meaningful Review Of All Constitutional Claims, George Bach
West Virginia Law Review
No abstract provided.
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.
