The Mandatory Death Penalty And A Sparsely Worded Constitution,
2011
Singapore Management University
The Mandatory Death Penalty And A Sparsely Worded Constitution, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
It was not unexpected that the Singapore Court of Appeal would reaffirm the constitutionality of the mandatory death penalty for certain forms of drug trafficking in Yong Vui Kong v Public Prosecutor [2010] 3 S.L.R 489. ... The appellant made submissions based on Articles 9(1) and 12(1) of the Constitution, which respectively guarantee rights to life and personal liberty, and to equality before the law and equal protection of the law. This note examines aspects of the Article 9(1) arguments.
Does Qualified Immunity Matter?,
2011
Benjamin N. Cardozo School of Law
Does Qualified Immunity Matter?, Alexander A. Reinert
Articles
In litigation brought pursuant to Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971), most commentators agree that qualified immunity plays a substantial role in limiting plaintiffs' ability to recover compensation. Many find this tradeoff acceptable, in part because of concerns of fairness to government official defendants and in part because courts may still play a central role in announcing the law without worrying over the retroactive effect their decision will have on the personal funds of the defendant official.
This paper considers the different role that qualified immunity may play in …
Whence Comes Section One? The Abolitionist Origins Of The Fourteenth Amendment,
2011
Georgetown University Law Center
Whence Comes Section One? The Abolitionist Origins Of The Fourteenth Amendment, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
The contribution of abolitionist constitutionalism to the original public meaning of Section One of the Fourteenth Amendment was long obscured by a revisionist history that disparaged abolitionism, the “radical” Republicans, and their effort to establish democracy over Southern terrorism during Reconstruction. As a result, more Americans know about “carpetbaggers” than they do the framers of the Fourteenth Amendment. Despite a brief revival of interest stimulated by the writings of Howard Jay Graham and Jacobus tenBroek, in the 1970s and 1980s abolitionist constitutionalism remains obscure to law professors and even to historians of abolitionism.
This study provides important evidence of the …
Book Review. Justin Vaisse, Neoconservatism: The Biography Of A Movement,
2011
Liberty University
Book Review. Justin Vaisse, Neoconservatism: The Biography Of A Movement, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Forgetting Oblivion: The Demise Of The Legislative Pardon,
2011
Cornell Law School
Forgetting Oblivion: The Demise Of The Legislative Pardon, Bernadette A. Meyler
Cornell Law Faculty Working Papers
Since the post-Civil War cases arising out of conflicts over the proper location of the amnesty power, it has generally been thought that pardon and amnesty are synonymous and that the capacity to effect both is vested in the President under Article II. The history of the English version of amnesty—oblivion—within the seventeenth and eighteenth centuries and the colonial and state oblivions that were legislatively enacted from 1650 through the period of the Second Continental Congress suggest otherwise. Oblivion was distinct from pardoning because it erased the underlying events rather than remitting punishment and often arose as a response to …
Same Sex Marriage: Does The Constitution Or State Constitution Support Same-Sex Marriages?,
2011
University of the District of Columbia School of Law
Same Sex Marriage: Does The Constitution Or State Constitution Support Same-Sex Marriages?, Sonja Seehusen
University of the District of Columbia Law Review
No abstract provided.
The District Of Columbia V. The 50 States: A 21st Century Lawsuit To Remedy An 18th Century Injustice,
2011
University of the District of Columbia School of Law
The District Of Columbia V. The 50 States: A 21st Century Lawsuit To Remedy An 18th Century Injustice, Timothy Cooper
University of the District of Columbia Law Review
No abstract provided.
The Child Online Privacy Protection Act: The Relationship Between Constitutional Rights And The Protection Of Children,
2011
University of the District of Columbia School of Law
The Child Online Privacy Protection Act: The Relationship Between Constitutional Rights And The Protection Of Children, Sasha Grandison
University of the District of Columbia Law Review
No abstract provided.
March 30, 2011: Islam, Judaism And The Murders At Itamar,
2011
Duquesne University
March 30, 2011: Islam, Judaism And The Murders At Itamar, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Islam, Judaism and the Murders at Itamar“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Islam, Judaism And The Murders At Itamar,
2011
Duquesne University
Islam, Judaism And The Murders At Itamar, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
March 27, 2011: 60 And The Cycle Of Life,
2011
Duquesne University
March 27, 2011: 60 And The Cycle Of Life, Bruce Ledewitz
Hallowed Secularism
Blog post, “60 and the Cycle of Life“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Constitutional Politics Of The Tea Party Movement,
2011
Northwestern Pritzker School of Law
The Constitutional Politics Of The Tea Party Movement, Richard Albert
NULR Online
The Tea Party movement and its constitutional vision for the United States is perhaps the hottest topic in American public law today. The rising tide of popular support for the Tea Party movement has transformed what was once cast aside as a fleeting faction into a formidable force in American politics—one that could augur significant consequences for the contours of American constitutional law in the years ahead.
If We Have An Imperfect Constitution, Should We Settle For Remarkably Timid Reform? Reflections Generated By The General Phenomenon Of “Tea Party Constitutionalism” And Randy Barnett’S Particular Proposal For A “Repeal Amendment”,
2011
Northwestern Pritzker School of Law
If We Have An Imperfect Constitution, Should We Settle For Remarkably Timid Reform? Reflections Generated By The General Phenomenon Of “Tea Party Constitutionalism” And Randy Barnett’S Particular Proposal For A “Repeal Amendment”, Sanford Levinson
NULR Online
There is, of course, no single template for “Tea Party Constitutionalism,” given that it is a large, somewhat inchoate movement that inevitably contains different, often conflicting, strains. As someone from Texas, I am tempted to focus on some of the more extreme ideas associated with various politicians wishing to take advantage of the anger projected by many Tea Partiers toward the national government. Thus at least two candidates for the 2010 Republican nomination for the Texas governorship (including the ultimately successful incumbent, Rick Perry) endorsed or at least flirted with nineteenth century ideas of “nullification” and even secession as a …
March 24, 2011: The Challenge To Obamacare Is Secular—As Is The Defense Of Abortion,
2011
Duquesne University
March 24, 2011: The Challenge To Obamacare Is Secular—As Is The Defense Of Abortion, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Challenge to Obamacare is Secular—As is the Defense of Abortion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 20, 2011: The New Secularism,
2011
Duquesne University
March 20, 2011: The New Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “The New Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Significance Of It All: Corporate Disclosure Obligations In Matrixx Initiatives, Inc. V. Siracusano,
2011
Duke Law
The Significance Of It All: Corporate Disclosure Obligations In Matrixx Initiatives, Inc. V. Siracusano, Siobhan Innes-Gawn
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
March 17, 2011: The Killings In Itamar,
2011
Duquesne University
March 17, 2011: The Killings In Itamar, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Killings in Itamar“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
New Froniter In Urban Greenhouse Gas Emissions Regulation: Overview Of California's Senate Bill 375,
2011
American University Washington College of Law
New Froniter In Urban Greenhouse Gas Emissions Regulation: Overview Of California's Senate Bill 375, Kira Hettinger
Sustainable Development Law & Policy
No abstract provided.
Out Of The Garden Of Eden: Moving Beyond The Rights-Based Agenda In The Urban Sector,
2011
American University Washington College of Law
Out Of The Garden Of Eden: Moving Beyond The Rights-Based Agenda In The Urban Sector, Benjamin Bradlow
Sustainable Development Law & Policy
No abstract provided.
A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina,
2011
American University Washington College of Law
A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina, Oded Cedar
Sustainable Development Law & Policy
No abstract provided.
