Discovering Concealment: Defining The Limits Of Equitable Tolling In Section 16(B) Of The Securities Exchange Act,
2012
Duke Law
Discovering Concealment: Defining The Limits Of Equitable Tolling In Section 16(B) Of The Securities Exchange Act, Boris Rappoport
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Finding The Original Meaning Of American Criminal Procedure Rights: Lessons From Reasonable Doubt’S
Development,
2012
New York Law School
Finding The Original Meaning Of American Criminal Procedure Rights: Lessons From Reasonable Doubt’S Development, Randolph N. Jonakait
The University of New Hampshire Law Review
[Excerpt] “The prosecution must prove every element of the crime beyond a reasonable doubt for a valid conviction. The Constitution nowhere explicitly contains this requirement, but the Supreme Court in In re Winship1 stated that due process commands it. Justice Brennan, writing for the Court, noted that the Court had often assumed that the standard existed, that it played a central role in American criminal justice by lessening the chances of mistaken convictions, and that it was essential for instilling community respect in criminal enforcement. The reasonable doubt standard is fundamental because it makes guilty verdicts more difficult. As Winship …
The Problem Of Policing,
2012
University of Virginia School of Law
The Problem Of Policing, Rachel A. Harmon
Michigan Law Review
The legal problem of policing is how to regulate police authority to permit officers to enforce law while also protecting individual liberty and minimizing the social costs the police impose. Courts and commentators have largely treated the problem of policing as limited to preventing violations of constitutional rights and its solution as the judicial definition and enforcement of those rights. But constitutional law and courts alone are necessarily inadequate to regulate the police. Constitutional law does not protect important interests below the constitutional threshold or effectively address the distributional impacts of law enforcement activities. Nor can the judiciary adequately assess …
Discarding The North Dakota Dictum: An Argument For Strict Scrutiny Of The Three-Tier Distribution System,
2012
University of Michigan Law School
Discarding The North Dakota Dictum: An Argument For Strict Scrutiny Of The Three-Tier Distribution System, Amy Murphy
Michigan Law Review
In Granholm v. Heald, the Supreme Court held that states must treat instate and out-of-state alcoholic beverages equally under the dormant Commerce Clause and established a heightened standard of review for state alcohol laws. Yet in dictum the Court acknowledged that the three-tier distribution system-a regime that imposes a physical presence requirement on alcoholic beverage wholesalers and retailers-was "unquestionably legitimate." Though the system's physical presence requirement should trigger strict scrutiny, lower courts have placed special emphasis on Granholm's dictum, refusing to subject the three-tier distribution system to Granholm's heightened standard of review. This Note argues that the dictum should be …
The "Flesh And Blood" Defense,
2012
William & Mary Law School
The "Flesh And Blood" Defense, James Erickson Evans
William & Mary Law Review
No abstract provided.
The Anti-Injunction Act, Congressional Inactivity, And Pre-Enforcement Challenges To § 5000a Of The Tax Code,
2012
University of Richmond School of Law
The Anti-Injunction Act, Congressional Inactivity, And Pre-Enforcement Challenges To § 5000a Of The Tax Code, Kevin C. Walsh
University of Richmond Law Review
No abstract provided.
The Rhetoric Hits The Road: State Challenges To The Affordable Care Act Implementation,
2012
University of Georgia School of Law
The Rhetoric Hits The Road: State Challenges To The Affordable Care Act Implementation, Elizabeth Weeks Leonard
University of Richmond Law Review
No abstract provided.
Litigating Federal Health Care Legislation And The Interstices Of Procedure,
2012
University of Richmond School of Law
Litigating Federal Health Care Legislation And The Interstices Of Procedure, Wendy Collins Perdue
University of Richmond Law Review
No abstract provided.
Facial And As-Applied Challenges To The Individual Mandate Of The Patient Protection And Affordable Care Act,
2012
Seton Hall University School of Law
Facial And As-Applied Challenges To The Individual Mandate Of The Patient Protection And Affordable Care Act, Edward A. Hartnett
University of Richmond Law Review
No abstract provided.
Why Virginia's Challenges To The Patient Protection And Affordable Care Act Did Not Invoke Nullification,
2012
University of Richmond School of Law
Why Virginia's Challenges To The Patient Protection And Affordable Care Act Did Not Invoke Nullification, Robert S. Claiborne Jr.
University of Richmond Law Review
No abstract provided.
A Battle Between Law And Society In Micronesia: An Example Of Originalism Gone Awry,
2012
University of Washington School of Law
A Battle Between Law And Society In Micronesia: An Example Of Originalism Gone Awry, Brian Z. Tamanaha
Washington International Law Journal
Two conceptions of the relationship between law and society appear to compete: the idea that law mirrors society and the notion that a gap exists between law and society. Both ideas have some truth—law is an imperfect mirror of society. For various reasons, law and society can fall out of sync or even come into conflict. The 1975 Constitutional Convention, which led to the formation of the Federated States of Micronesia (“FSM”), marked the beginning of a battle between that society and its legal institutions. The Constitution’s framers strove to preserve traditional Micronesian culture by ensuring it a respected place …
Beyond The Doctrine: Five Questions That Will Determine The Aca's Constitutional Fate,
2012
Santa Clara University School of Law
Beyond The Doctrine: Five Questions That Will Determine The Aca's Constitutional Fate, Bradley W. Joondeph
University of Richmond Law Review
No abstract provided.
Constitutional Forbearance,
2012
University of Cincinnati College of Law
Constitutional Forbearance, A. Christopher Bryant
University of Richmond Law Review
No abstract provided.
Exactions For The Future,
2012
Texas A&M University School of Law
Exactions For The Future, Timothy M. Mulvaney
Faculty Scholarship
New development commonly contributes to projected infrastructural demands caused by multiple parties or amplifies the impacts of anticipated natural hazards. At times, these impacts only can be addressed through coordinated actions over a lengthy period. In theory, the ability of local governments to attach conditions, or “exactions,” to discretionary land use permits can serve as one tool to accomplish this end. Unlike traditional exactions that regularly respond to demonstrably measurable, immediate development harms, these “exactions for the future” — exactions responsive to cumulative anticipated future harms — admittedly can present land assembly concerns and involve inherently uncertain long-range government forecasting. …
The Article Ii Safeguards Of Federal Jurisdiction,
2012
William & Mary Law School
The Article Ii Safeguards Of Federal Jurisdiction, Tara Leigh Grove
Faculty Publications
Jurisdiction stripping has long been treated as a battle between Congress and the federal judiciary. Scholars have thus overlooked the important (and surprising) role that the executive branch has played in these jurisdictional struggles. This Article seeks to fill that void. Drawing on two strands of social science research, the Article argues that the executive branch has a strong incentive to use its constitutional authority over the enactment and enforcement of federal law to oppose jurisdiction-stripping measures. Notably, this structural argument has considerable historical support. The executive branch has repeatedly opposed jurisdiction-stripping proposals in Congress. That has been true even …
Looking Back At Cohen V. California: A 40 Year Retrospective From Inside The Court,
2012
William & Mary Law School
Looking Back At Cohen V. California: A 40 Year Retrospective From Inside The Court, Thomas G. Krattenmaker
William & Mary Bill of Rights Journal
No abstract provided.
Hugo Black's Vision Of The Lawyer, The First Amendment, And The Duty Of The Judiciary: The Bar Applicant Cases In A National Security State,
2012
William & Mary Law School
Hugo Black's Vision Of The Lawyer, The First Amendment, And The Duty Of The Judiciary: The Bar Applicant Cases In A National Security State, Joshua E. Kastenberg
William & Mary Bill of Rights Journal
No abstract provided.
"Give Me A Few More Minutes!": How Virginia Violates Due Process By Hitting The Snooze Button On A Timely Declaration Of Death,
2012
William & Mary Law School
"Give Me A Few More Minutes!": How Virginia Violates Due Process By Hitting The Snooze Button On A Timely Declaration Of Death, Samantha Lauren Soller
William & Mary Bill of Rights Journal
No abstract provided.
Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office,
2012
William & Mary Law School
Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen
William & Mary Bill of Rights Journal
No abstract provided.
Teens, Sexts, & Cyberspace: The Constitutional Implications Of Current Sexting & Cyberbullying Laws,
2012
William & Mary Law School
Teens, Sexts, & Cyberspace: The Constitutional Implications Of Current Sexting & Cyberbullying Laws, Jamie L. Williams
William & Mary Bill of Rights Journal
No abstract provided.
