Beyond Bing: The Arthur Rule Lives On As The Touchstone For The New York State Right To Counsel,
2013
Benjamin N. Cardozo School of Law
Beyond Bing: The Arthur Rule Lives On As The Touchstone For The New York State Right To Counsel, Adrienne Levy
Cardozo Law Review
No abstract provided.
Legislative Diplomacy,
2013
Marquette University Law School
Legislative Diplomacy, Ryan M. Scoville
Michigan Law Review
A traditional view in legal scholarship holds that the U.S. Constitution assigns the president exclusive power to carry on official diplomatic communications with foreign governments. But in fact, Congress and its members routinely engage in communications of their own. Congress, for example, receives heads of state and maintains official contacts with foreign parliaments. And individual members of the House and Senate frequently travel overseas on congressional delegations (“CODELs”) to confer with foreign leaders, investigate problems that arise, promote the interests of the United States and constituents, and even represent the president. Moreover, many of these activities have occurred ever since …
Constitutionally Tailoring Punishment,
2013
Benjamin N. Cardozo School of Law
Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas
Michigan Law Review
Since the turn of the century, the Supreme Court has regulated noncapital sentencing under the Sixth Amendment in the Apprendi line of cases (requiring jury findings of fact to justify sentence enhancements) as well as under the Eighth Amendment in the Miller and Graham line of cases (forbidding mandatory life imprisonment for juvenile defendants). Although both lines of authority sound in individual rights, in fact they are fundamentally about the structures of criminal justice. These two seemingly disparate doctrines respond to structural imbalances in noncapital sentencing by promoting morally appropriate punishment judgments that are based on individualized input and that …
The Legality Of Deliberate Miranda Violations: How Two-Step National Security Interrogations Undermine Miranda And Destabilize Fifth Amendment Protections,
2013
University of Michigan Law School
The Legality Of Deliberate Miranda Violations: How Two-Step National Security Interrogations Undermine Miranda And Destabilize Fifth Amendment Protections, Lee Ross Crain
Michigan Law Review
As part of the global “War on Terror,” federal agents intentionally delay issuing Miranda warnings to terrorism suspects during custodial interrogations. They delay the warnings presuming that unwarned suspects will more freely offer vital national security intelligence. After a suspect offers the information he has, agents administer Miranda warnings and attempt to elicit confessions that prosecutors can use at the suspect’s trial. No court has ruled on the constitutionality of this two-step national security interrogation process to determine whether admitting the second, warned confession is allowed under Miranda v. Arizona and its progeny. A fragmented Supreme Court examined two-step interrogations …
November 28, 2013: The Theology Of The Disappearance Of Thanksgiving,
2013
Duquesne University
November 28, 2013: The Theology Of The Disappearance Of Thanksgiving, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Theology of the Disappearance of Thanksgiving“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Dispatches From The Trenches Of America's Great Gun Trust Wars,
2013
Northwestern Pritzker School of Law
Dispatches From The Trenches Of America's Great Gun Trust Wars, Lee-Ford Tritt
NULR Online
No abstract provided.
Stretching Religious Liberty,
2013
Duquesne University
Stretching Religious Liberty, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Using Social Media In Rulemaking: Possibilities And Barriers,
2013
Benjamin N. Cardozo School of Law
Using Social Media In Rulemaking: Possibilities And Barriers, Michael E. Herz
Online Publications
“Web 2.0” is characterized by interaction, collaboration, non-static web sites, use of social media, and creation of user-generated content. In theory, these Web 2.0 tools can be harnessed not only in the private sphere but as tools for an e-topia of citizen engagement and participatory democracy. Notice-and-comment rulemaking is the pre-digital government process that most approached (while still falling far short of) the e-topian vision of public participation in deliberative governance. The notice-and-comment process for federal agency rulemaking has now changed from a paper process to an electronic one. Expectations for this switch were high; many anticipated a revolution that …
November 20, 2013: God Is Not A Supernatural Thing,
2013
Duquesne University
November 20, 2013: God Is Not A Supernatural Thing, Bruce Ledewitz
Hallowed Secularism
Blog post, “God is not a Supernatural Thing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 16, 2013: The Mythical Elements Of The Bible,
2013
Duquesne University
November 16, 2013: The Mythical Elements Of The Bible, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Mythical Elements of the Bible“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 13, 2013: Huffington Post Blog Entry On Legislative Prayer,
2013
Duquesne University
November 13, 2013: Huffington Post Blog Entry On Legislative Prayer, Bruce Ledewitz
Hallowed Secularism
Blog post, “Huffington Post Blog Entry on Legislative Prayer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Why Scalia Should Have Voted To Overturn Doma,
2013
Northwestern Pritzker School of Law
Why Scalia Should Have Voted To Overturn Doma, Andrew Koppelman
NULR Online
No abstract provided.
A Deal Is A Deal: Plea Bargains And Double Jeopardy After Ohio V. Johnson,
2013
Seattle University School of Law
A Deal Is A Deal: Plea Bargains And Double Jeopardy After Ohio V. Johnson, Philip Chinn
Seattle University Law Review
The Double Jeopardy Clause provides that no person will “be subject for the same offence to be twice put in jeopardy of life or limb.” On March 10, 2004, Pedro Cabrera made a statement that cost him fourteen years of his life: he proclaimed his innocence. The court accepted this plea and ordered a finding of guilty with a recommended sentence of six years. However, during an exchange that followed, Mr. Cabrera asserted that he was actually innocent but that he preferred “to take the time” instead of proceeding to trial. The judge then refused to accept Mr. Cabrera’s guilty …
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform,
2013
Seattle University School of Law
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali
Seattle University Law Review
On June 15, 2012, President Obama made an announcement that changed the lives of millions. Effective immediately, the Obama administration would implement a new program—what would come to be known as Deferred Action for Child-hood Arrivals (DACA)—offering eligible undocumented young people both a two-year respite from the haunting possibility of deportation as well as the eligibility to apply for employment authorization. While millions were elated by the President’s announcement, he also faced harsh criticism. Many claimed that his action exceeded federal statutory limits, exceeded his Executive powers, and usurped congressional authority. Still others, anxious to see comprehensive immigration reform implemented, …
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?,
2013
Seattle University School of Law
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim
Seattle University Law Review
Since the Citizens United decision in 2010 reduced Congress’s ability to constitutionally regulate money in elections, proponents of campaign finance reform have looked for alternative ways to achieve the goals of greater transparency and reduce the amount of money spent in federal elections. In the three years since Citizens United, the amount of money spent in federal campaigns has increased exponentially. In fact, the total amount of money spent in federal elections has nearly doubled since 2000. Citizens United represents a serious blow to the traditional methods used to restrict the amount of money in politics: limitations on the amounts …
The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong,
2013
Seattle University School of Law
The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter
Seattle University Law Review
By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …
Academic Freedom And Professorial Speech In The Post-Garcetti World,
2013
Seattle University School of Law
Academic Freedom And Professorial Speech In The Post-Garcetti World, Oren R. Griffin
Seattle University Law Review
Academic freedom, a coveted feature of higher education, is the concept that faculty should be free to perform their essential functions as professors and scholars without the threat of retaliation or undue administrative influence. The central mission of an academic institution, teach-ing and research, is well served by academic freedom that allows the faculty to conduct its work in the absence of censorship or coercion. In support of this proposition, courts have long held that academic freedom is a special concern of the First Amendment, granting professors and faculty members cherished protections regarding academic speech. In Garcetti v. Ceballos, the …
Mania: The Lives, Literature, And Law Of The Beats,
2013
Seattle University
Mania: The Lives, Literature, And Law Of The Beats, Ronald K.L. Collins, David M. Skover
Seattle University Law Review
The Beats introduced the counter-culture to twentieth century America. They were the first to break away from Eisenhower conformity, from the era of the Man in the Grey Flannel Suit. With them came an infusion of rebel spirit—a spirit that hearkened back to Walt Whitman—in their lives, literature, and law. Their literature spawned a remarkable chapter in American obscenity law. The prosecution of Allen Ginsberg’s epic poem, Howl, was the last of its kind in this nation; and the prosecution of William Burroughs’s Naked Lunch is one of the last times that a novel was charged as obscene. The First …
November 8, 2013: Legislative Prayer,
2013
Duquesne University
November 8, 2013: Legislative Prayer, Bruce Ledewitz
Hallowed Secularism
Blog post, “Legislative Prayer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Hollingsworth V. Perry: Standing Over Constitutional Rights,
2013
CUNY School of Law
Hollingsworth V. Perry: Standing Over Constitutional Rights, Caitlin E. Borgmann
City University of New York Law Review
No abstract provided.
