Nigro V. United States: The Most Disingenuous Supreme Court Opinion, Ever,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Nigro V. United States: The Most Disingenuous Supreme Court Opinion, Ever, A. Christopher Bryant
Nevada Law Journal
No abstract provided.
Making The Most Of United States V. Jones In A Surveillance Society: A Statutory Implementation Of Mosaic Theory,
2012
Vanderbilt University Law School
Making The Most Of United States V. Jones In A Surveillance Society: A Statutory Implementation Of Mosaic Theory, Christopher Slobogin
Vanderbilt Law School Faculty Publications
In the Supreme Court's recent decision in United States v. Jones, a majority of the Justices appeared to recognize that under some circumstances aggregation of information about an individual through governmental surveillance can amount to a Fourth Amendment search. If adopted by the Court, this notion sometimes called "mosaic theory"-could bring about a radical change to Fourth Amendment jurisprudence, not just in connection with surveillance of public movements-the issue raised in Jonesbut also with respect to the government's increasingly pervasive record-mining efforts. One reason the Court might avoid the mosaic theory is the perceived difficulty of implementing it. This article …
The Constitutionality Of Federal Jurisdiction-Stripping Legislation And The History Of State Judicial Selection And Tenure,
2012
Vanderbilt University Law School
The Constitutionality Of Federal Jurisdiction-Stripping Legislation And The History Of State Judicial Selection And Tenure, Brian T. Fitzpatrick
Vanderbilt Law School Faculty Publications
Few questions in the field of Federal Courts have captivated scholars like the question of whether Congress can simultaneously divest both lower federal courts and the U.S. Supreme Court of jurisdiction to hear federal constitutional claims and thereby leave those claims to be litigated in state courts alone. Such a divestiture is known today as “jurisdiction stripping,” and, despite literally decades of scholarship on the subject, scholars have largely been unable to reconcile two widely held views: jurisdiction stripping should be unconstitutional because it deprives constitutional rights of adjudication by independent judges and jurisdiction stripping is nonetheless perfectly consistent with …
Comments On Michel Rosenfeld's The Identity Of The Constitutional Subject: Selfhood, Citizenship, Culture, And Community,
2012
University of Virginia School of Law
Comments On Michel Rosenfeld's The Identity Of The Constitutional Subject: Selfhood, Citizenship, Culture, And Community, Deborah Hellman
Cardozo Law Review
No abstract provided.
The European Convention On Human Rights And National Constitutional Reordering,
2012
Yale Law School
The European Convention On Human Rights And National Constitutional Reordering, Alec Stone Sweet
Cardozo Law Review
No abstract provided.
The Constitutional Subject And Its Identity: My German Experience,
2012
Humboldt University Berlin
The Constitutional Subject And Its Identity: My German Experience, Bernhard Schlink
Cardozo Law Review
No abstract provided.
Civil War, Ceasefire, Constitution: Some Preliminary Notes,
2012
NYU School of Law
Civil War, Ceasefire, Constitution: Some Preliminary Notes, Sujit Choudhry
Cardozo Law Review
No abstract provided.
Constitutional Patriotism Beyond The Nation-State: Human Rights, Constitutional Necessity, And The Limits Of Pluralism,
2012
Princeton University
Constitutional Patriotism Beyond The Nation-State: Human Rights, Constitutional Necessity, And The Limits Of Pluralism, Jan-Werner Müller
Cardozo Law Review
No abstract provided.
The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics,
2012
Benjamin N. Cardozo School of Law
The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Constitutionalism Beyond The State? The Administrative Character Of European Governance Revisited,
2012
University of Connecticut School of Law
Constitutionalism Beyond The State? The Administrative Character Of European Governance Revisited, Peter L. Lindseth
Cardozo Law Review
No abstract provided.
May 30, 2012: Seeger—An Extraordinary Case,
2012
Duquesne University
May 30, 2012: Seeger—An Extraordinary Case, Bruce Ledewitz
Hallowed Secularism
Blog post, “Seeger—an Extraordinary Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Association For Civil Rights In Israel V. Israel Police,
2012
Supreme Court of Israel
Association For Civil Rights In Israel V. Israel Police, Dorit Beinisch, Asher Grunis, Miriam Naor, Esther Hayut, Hanan Melcer, Eliezer Rivlin, Edna Arbel
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.]
Petitions concerning the constitutionality of some of the arrangements prescribed in the scope of the Criminal Procedure Act (Powers of Enforcement – Communications Data), 5768-2007, which came into effect on June 27, 2008 (hereinafter referred to as “the Communications Data Act” or “the Act”) and enables the Israeli investigatory authorities to obtain communications data from all the communications companies – the various cellular or …
Hammer V. Amit,
2012
Supreme Court of Israel
Hammer V. Amit, Eliezer Rivlin, Dorit Beinisch, Asher Grunis, Miriam Naor, Edna Arbel, Salim Joubran, Elyakim Rubinstein
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.]
This opinion is a result of cases joined together in order for the Court to resolve the general questions regarding the cause of action known as “wrongful birth”. This issue arises when a person born with a congenital disability claims that careful conduct by petitions – usually medical professionals who treated the pregnant mother – would have entirely prevented that person’s birth. Two distinct …
May 27, 2012: Happy Memorial Day,
2012
Duquesne University
May 27, 2012: Happy Memorial Day, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Memorial Day“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 24, 2012: What Is The Right Term For Nonmembers Of Organized Religion?,
2012
Duquesne University
May 24, 2012: What Is The Right Term For Nonmembers Of Organized Religion?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Is the Right Term for Nonmembers of Organized Religion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Brief Of Amici Curiae Health Law & Policy Scholars And Prescription Policy Choices In Support Of Respondents On The Constitutional Validity Of The Medicaid Expansion,
2012
Boston University School of Law
Brief Of Amici Curiae Health Law & Policy Scholars And Prescription Policy Choices In Support Of Respondents On The Constitutional Validity Of The Medicaid Expansion, Kevin Outterson, Laura Hermer, Nicole Huberfeld, Elizabeth Weeks Leonard, Sara Rosenbaum, Sidney D. Watson
All Faculty Scholarship
The Medicaid expansion in Section 2001(a)(1)(C) of the Patient Protection and Affordable Care Act is one part of Congress’s comprehensive effort to expand access to health care coverage. This expansion is not revolutionary, but builds on many prior statutory amendments to Medicaid. Nor does it alter the voluntary nature of the Medicaid program – as before, States remain free to decline federal funding. The Petitioners and their amici have mischaracterized the expansion to obscure these facts, hoping this Court will unravel this hard-fought legislative enactment.
The question presented is whether Congress may offer States generous additional funding for Medicaid, with …
May 21, 2012: Raimon Panikkar On Church And State,
2012
Duquesne University
May 21, 2012: Raimon Panikkar On Church And State, Bruce Ledewitz
Hallowed Secularism
Blog post, “Raimon Panikkar on Church and State“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Goren V. Home Center (Do It Yourself) Ltd.,
2012
Supreme Court of Israel
Goren V. Home Center (Do It Yourself) Ltd., Dorit Beinisch, Neal Hendel, Isaac Amit
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.]
Can a showing of a wage gap between a female employee and a male employee for equal work or work of equal value at the same workplace can “automatically” substantiate a cause of action under the Equal Pay for Female and Male Employees Act 1996 (hereinafter: the Equal Pay Act) as well as under the Equal Opportunities in Employment Act 1988 (hereinafter: the Equal …
Federalism: Theory, Policy, Law,
2012
University of Michigan Law School
Federalism: Theory, Policy, Law, Daniel Halberstam
Book Chapters
Even France now values local government. Over the past 30 years, top-down appointment of regional prefects and local administrators has given way to regionally elected councils and a revision of Article 1 of the French Constitution, which proclaims that today the state’s ‘organization is decentralized’. The British Parliament, too, has embraced local rule by devolving powers to Scotland, Wales, and Northern Ireland. And in China, decentralization has reached a point where some scholars speak of ‘de facto federalism’. A systematic study of the distribution of authority in 42 democracies found that over the past 50 years, regional authority grew in …
May 15, 2012: Religion At Occupy Wall Street,
2012
Duquesne University
May 15, 2012: Religion At Occupy Wall Street, Bruce Ledewitz
Hallowed Secularism
Blog post, “Religion at Occupy Wall Street“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
