First Amendment Decisions From The October 2006 Term,
2014
Duke University Law School
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
Touro Law Review
No abstract provided.
An Overview Of The October 2006 Supreme Court Term,
2014
Duke University Law School
An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Resolving The Alj Quandary,
2014
Pepperdine University
Resolving The Alj Quandary, Kent Barnett
Journal of the National Association of Administrative Law Judiciary
Three competing constitutional and practical concerns surround federal administrative law judges (“ALJs”), who preside over all formal adjudications within the executive branch. First, if ALJs are “inferior Officers” (not mere employees), as five current Supreme Court Justices have suggested, the current method of selecting many ALJs likely violates the Appointments Clause. Second, a recent U.S. Supreme Court decision reserved the question whether the statutory protections that prevent ALJs from being fired at will impermissibly impinge upon the President’s supervisory power under Article II. Third, these same protections from removal may, on the other hand, be too limited to satisfy impartiality …
Final Decision Authority And The Central Panel Alj,
2014
Pepperdine University
Final Decision Authority And The Central Panel Alj, Larry J. Craddock
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
May 5, 2014: A Brain Dead Decision,
2014
Duquesne University
May 5, 2014: A Brain Dead Decision, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Brain Dead Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 3, 2014: The End Of The American Experiment,
2014
Duquesne University
May 3, 2014: The End Of The American Experiment, Bruce Ledewitz
Hallowed Secularism
Blog post, “The End of the American Experiment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Court Of Appeals Of New York - Cubas V. Martinez,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York - Cubas V. Martinez, Gregory Gillen
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - New York Ex Rel. Harkavy V. Consilvio,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York - New York Ex Rel. Harkavy V. Consilvio, Sardar Asadullah
Touro Law Review
No abstract provided.
Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York,
2014
Touro University Jacob D. Fuchsberg Law Center
Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York, Sarah Marx
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. Ramchair,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York - People V. Ramchair, Joseph Maehr
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. Nieves-Andino,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York - People V. Nieves-Andino, Jason Gines
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. Gajadhar,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York - People V. Gajadhar, Joseph Maehr
Touro Law Review
No abstract provided.
Family Court Of New York, Nassau County - In Re S.S.,
2014
Touro University Jacob D. Fuchsberg Law Center
Family Court Of New York, Nassau County - In Re S.S., Steven Fox
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - Polito V. Walsh,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York - Polito V. Walsh, William Pike
Touro Law Review
No abstract provided.
Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert,
2014
Touro University Jacob D. Fuchsberg Law Center
Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah
Touro Law Review
No abstract provided.
Supreme Court Of New York Appellate Division, Third Department - People V. Willette,
2014
Touro University Jacob D. Fuchsberg Law Center
Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman
Touro Law Review
No abstract provided.
Supreme Court Of New York Appellate Division, Third Department - Kings Mall, Llc V. Wenk,
2014
Touro University Jacob D. Fuchsberg Law Center
Supreme Court Of New York Appellate Division, Third Department - Kings Mall, Llc V. Wenk, Steven Fox
Touro Law Review
No abstract provided.
The Least Activist Supreme Court In History? The Roberts Court And The Exercise Of Judicial Review,
2014
Princeton University
The Least Activist Supreme Court In History? The Roberts Court And The Exercise Of Judicial Review, Keith E. Whittington
Notre Dame Law Review
Not too many years ago, scholars could reasonably speak of the U.S. Supreme Court as being among the most activist in American history. Both empirical and normative scholarship was driven by the sense of a Court that was aggressive in the assertion of its own supremacy and active in the exercise of the power of judicial review. The Court under Chief Justice John Roberts cannot be viewed in the same way. The Roberts Court has issued its share of controversial constitutional decisions, but a rarely observed but important feature of the Roberts Court is its unusual restraint in the exercise …
The "Constitution In Exile" As A Problem For Legal Theory,
2014
Duke University School of Law
The "Constitution In Exile" As A Problem For Legal Theory, Stephen E. Sachs
Notre Dame Law Review
How does one defend a constitutional theory that’s out of the mainstream? Critics of originalism, for example, have described it as a nefarious “Constitution in Exile,” a plot to impose abandoned rules on the unsuspecting public. This framing is largely mythical, but it raises a serious objection. If a theory asks us to change our legal practices, leaving important questions to academics or historians, how can it be a theory of our law? If law is a matter of social convention, how can there be conventions that hardly anybody knows about? How is a constitution in exile even possible?
This …
From Progressivism To Modern Liberalism: Louis D. Brandeis As A Transitional Figure In Constitutional Law,
2014
George Mason University School of Law
From Progressivism To Modern Liberalism: Louis D. Brandeis As A Transitional Figure In Constitutional Law, David E. Bernstein
Notre Dame Law Review
Part I of this Article discusses Brandeis’s many deviations from civil libertarianism as it came to be understood in the post–New Deal period. These deviations include his acquiescence to coercive eugenics, his general lack of interest in African American rights, his support for protective labor legislation for women and concomitant disregard for women’s legal equality, his toleration of government abuses attendant to Prohibition enforcement, and his desire to repeal the Fourteenth Amendment. Part II shows that despite these deviations, Brandeis had a significantly stronger record on civil liberties as a Supreme Court Justice than one would expect from someone of …
