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 …
The Conservative-Libertarian Turn In First Amendment Jurisprudence,
2014
Chicago-Kent College of Law
The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman
West Virginia Law Review
No abstract provided.
Restraining The Hand Of Law: A Conceptual Framework To Shrink The Size Of Law,
2014
Chinese University of Hong Kong
Restraining The Hand Of Law: A Conceptual Framework To Shrink The Size Of Law, Bryan Druzin
West Virginia Law Review
No abstract provided.
The Prohibition Of Moonshine: A Consumer Protection Analysis Of Raw Milk In Interstate Commerce,
2014
West Virginia University School of Law
The Prohibition Of Moonshine: A Consumer Protection Analysis Of Raw Milk In Interstate Commerce, Whitney R. Morgan
West Virginia Law Review
No abstract provided.
A Second Chance: Rebiography As Just Compensation,
2014
Barry University School of Law
A Second Chance: Rebiography As Just Compensation, Jamila Jefferson-Jones
West Virginia Law Review
No abstract provided.
Progressive Property Moving Forward,
2014
Texas A&M University School of Law
Progressive Property Moving Forward, Timothy M. Mulvaney
Faculty Scholarship
In his thought-provoking recent article, “The Ambition and Transformative Potential of Progressive Property,” Ezra Rosser contends that, in the course of laying the foundations of a theory grounded in property’s social nature, scholars who participated in the renowned 2009 Cornell symposium on progressive property have “glossed over” property law’s continuing conquest of American Indian lands and the inheritance of privileges that stem from property-based discrimination against African Americans. I fully share Rosser’s concerns regarding past and continuing racialized acquisition and distribution, if not always his characterization of the select progressive works he critiques. Where I focus in this essay, though, …
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 …
The Framers' Fourth Amendment Exclusionary Rule: The Mounting Evidence,
2014
Jarvis Christian College
The Framers' Fourth Amendment Exclusionary Rule: The Mounting Evidence, Roger Roots
Nevada Law Journal
No abstract provided.
Probing Into Salinas's Silence: Back To The "Accused Speaks" Model?,
2014
College of Law and Business, Ramat Gan, Israel
Probing Into Salinas's Silence: Back To The "Accused Speaks" Model?, Rinat Kitai-Sangero, Yuval Merin
Nevada Law Journal
No abstract provided.
Asylum Discord: Disparities In Persecution Assessments,
2014
South Texas College of Law/Houston
Asylum Discord: Disparities In Persecution Assessments, Scott Rempell
Nevada Law Journal
No abstract provided.
Rethinking The Nevada Campus Protection Act: Future Challenges & Reaching A Legislative Compromise,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Rethinking The Nevada Campus Protection Act: Future Challenges & Reaching A Legislative Compromise, Brian Vasek
Nevada Law Journal
No abstract provided.
The Constitution And The Individual Right To Possess Firearms: A Different Take,
2014
Villanova University Charles Widger School of Law
The Constitution And The Individual Right To Possess Firearms: A Different Take, David W. Wise
Villanova Law Review (1956 - )
No abstract provided.
Congress's (Less) Limited Power To Represent Itself In Court: A Comment On Grove And Devins,
2014
Boston University
Congress's (Less) Limited Power To Represent Itself In Court: A Comment On Grove And Devins, Jack M. Beermann
Faculty Scholarship
In their recent article, Congress’s (Limited) Power to Represent Itself in Court, 99 Cornell L. Rev. 571 (2014) Tara Leigh Grove and Neal Devins make the case against congressional litigation in defense of the constitutionality of federal statutes. They conclude that Congress, or a single House of Congress, may not defend the constitutionality of federal statutes in court even when the Executive Branch has decided not to do so but may litigate only in furtherance of Congress’s investigatory and disciplinary powers. Grove and Devins claim that congressional litigation in support of the constitutionality of federal statutes violates two separate but …
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.
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.
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 …
Observing The Indonesian House Of Representatives' Performance,
2014
Faculty of Law Universitas Indonesia, Indonesia
Observing The Indonesian House Of Representatives' Performance, Abdul Bari Azed
Indonesia Law Review
DPR fulfilled mandate of the people, one of its way is through legislation function, namely formed Act with an agreement with the President. Expectations of the people filled with less than optimal by DPR caused by the performance of the parliament in the field of legislation which was less than satisfactory because did not fulfill the Prolegnas target which they had made themself. This condition caused the functions of DPR as parliament not fully carried out in encouraging people prosperity and developing the country. Hence, it is important to do a series of policy and concrete steps to minimize problems …
August 28, 2014: Constitutional Passivity,
2014
Duquesne University
August 28, 2014: Constitutional Passivity, Bruce Ledewitz
Hallowed Secularism
Blog post, “Constitutional Passivity“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 23, 2014: How To Teach Constitutional Law Now,
2014
Duquesne University
August 23, 2014: How To Teach Constitutional Law Now, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Teach Constitutional Law Now“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Advice For Ferguson From The Supreme Court,
2014
University of Georgia School of Law
Advice For Ferguson From The Supreme Court, Sonja R. West, Dahlia Lithwick
Popular Media
This article looks at the factors regarding protestors and counselors set forth in the Supreme Court's decision in McCullen v. Coakley and puts them in the Ferguson, Missouri context.
