The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery,
2011
University of Maryland Francis King Carey School of Law
The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.
Maryland Law Review
No abstract provided.
Constitutional Rigidity In Kosovo: Significance, Outcomes, And Rationale,
2011
University of Prishtina
Constitutional Rigidity In Kosovo: Significance, Outcomes, And Rationale, Fisnik Korenica, Dren Doli
Pace International Law Review Online Companion
This article discusses the issue of constitutional rigidity from the perspective of the Constitution of Kosovo. At the outset, the article analyzes the amendment procedure within the Constitution and its nature in terms of the actors and procedures involved. Next, the article questions the nature of constitutional rigidity in Kosovo and seeks to address the position of veto players. Arguing that the Constitution of Kosovo is rather rigid, the article then questions the significance of constitutional rigidity in light of the model of separation of powers, human rights, and the Constitutional Court’s constitutional “updating” role. The article concludes that constitutional …
When Sixteen Ain't So Sweet: Rethinking The Regulation Of Adolescent Sexuality,
2011
University of Michigan Law School
When Sixteen Ain't So Sweet: Rethinking The Regulation Of Adolescent Sexuality, Nicole Phillis
Michigan Journal of Gender & Law
Legally speaking, sexual maturity poses a significant enough liberty interest for a minor to make medical decisions regarding contraceptive medicine or to choose motherhood without parental involvement, but not quite enough for her to obtain an abortion independently. The law incentivizes teenage motherhood by only granting decisional autonomy to those minors who choose to have a child; the minor female's right to procreate vests regardless of her individual maturity. The law discourages teenage abortions by using the choice to terminate a pregnancy to trigger a presumption of immaturity; the minor female's abortion right is pitted against personal autonomy via parental …
Between Liberalism And Theocracy,
2011
Campbell University School of Law
Between Liberalism And Theocracy, John D. Inazu
Campbell Law Review
Our symposium conveners have focused us on "the relationship between liberalism and Christianity and their influence on American constitutionalism."' My objective is to complicate the relationship and reorient the influence. The focus of my inquiry is the liberty of conscience and its implications for navigating the relationship between church and state.' By approaching these issues through the lens of political theology (as distinct from either political or constitutional theory), I hope to show that some of the most significant embodiments of conscience in the American colonies can neither be squared with an individualistic liberalism (as some on the left are …
Reuven Avi-Yonah's Citizens United And The Corporate Form: Still Unuseful,
2011
University of Miami School of Law
Reuven Avi-Yonah's Citizens United And The Corporate Form: Still Unuseful, William Wilson Bratton
Articles
I welcome Avi-Yonah's new deployments of descriptive theories of the corporation. But I traversed this territory years ago and came away with a skeptical view of the enterprise. Although Avi-Yonah's interventions are compelling in the encounter, I remain unconvinced that the theories have important lessons to teach us.
The Viability Of Multi-Party Litigation As A Tool For Social Engineering Six Decades After The Restrictive Covenant Cases,
2011
University of Baltimore School of Law
The Viability Of Multi-Party Litigation As A Tool For Social Engineering Six Decades After The Restrictive Covenant Cases, José F. Anderson
All Faculty Scholarship
Six decades ago, a group of lawyers sought ways to overturn the racially restrictive covenants that were common across the United States. These restrictions on integrated neighborhoods were the first legal battleground of the civil rights movement using the courts of civil justice to remove what many thought were immoral restrictions on the rights of free people. The most famous of those cases was Shelley v. Kraemer, but the doctrine that emerged from that particular case was actually a series of separate, multi-party lawsuits in various locations, using teams of lawyers acting in concert with each other to achieve justice. …
Case For Calling An Article V Convention,
2011
Duke Law School
Case For Calling An Article V Convention, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Back To The Future? The Effects Of Citizens United V. Fec In The 2010 Election, 44 J. Marshall L. Rev. 595 (2011),
2011
UIC School of Law
Back To The Future? The Effects Of Citizens United V. Fec In The 2010 Election, 44 J. Marshall L. Rev. 595 (2011), Peter L. Francia
UIC Law Review
No abstract provided.
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition),
2011
University of Maryland School of Law
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power
Faculty Scholarship
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …
What’S Different About The Thirteenth Amendment, And Why Does It Matter?,
2011
University of Maryland Francis King Carey School of Law
What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope
Maryland Law Review
No abstract provided.
The Thirteenth Amendment And The Meaning Of Familial Bonds,
2011
University of Maryland Francis King Carey School of Law
The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov
Maryland Law Review
No abstract provided.
Conclusion: The Political Thirteenth Amendment,
2011
University of Maryland Francis King Carey School of Law
Conclusion: The Political Thirteenth Amendment, Rebecca E. Zietlow
Maryland Law Review
No abstract provided.
The Right To Refuse: Should Prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable Medical Conditions?,
2011
University of Maryland Francis King Carey School of Law
The Right To Refuse: Should Prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable Medical Conditions?, Daniel R. H. Mendelsohn
Maryland Law Review
No abstract provided.
Less Than Meets The Eye: Antidiscrimination And The Development Of Section 5 Enforcement And Eleventh Amendment Abrogation Law Since City Of Boerne V. Flores, Justin Schwartz
UC Law Constitutional Quarterly
The conventional wisdom is that, in a series of cases beginning with City of Boerne v. Flores, the Supreme Court erected high barriers against Congress's power to enforce fundamental rights under Section 5 of the Fourteenth Amendment and thereby to abrogate a state's Eleventh Amendment Immunity from private lawsuits. This Article shows that the conventional wisdom is inaccurate. The initial applications of the new Section 5 and Eleventh Amendment jurisprudence, which made abrogation dependent on effective Section 5 action, imposed high standards on what evidentiary record might justify enforcement legislation, and placed stringent limits on the remedies that might be …
A Temporary Solution To Climate Change: The Federal Common Law To The Rescue,
2011
UC Law SF
A Temporary Solution To Climate Change: The Federal Common Law To The Rescue, Jeremy Hessler
UC Law Constitutional Quarterly
In the latter half of 2009, the Second Circuit in Connecticut v. American Electric Power Co. and the Fifth Circuit in Comer v. Murphy Oil USA provided a strong signal to the political branches that the courts could begin regulating greenhouse gas emissions under common law tort actions. This Note focuses upon recent developments in climate change litigation by closely examining the various issues that arise in these suits, as well as of some of the issues that may arise if the trial courts reach the merits of these cases. This examines the constitutionality of climate change suits under the …
Boumediene As A Constitutional Mandate: Bivens Actions At Guantanamo Bay,
2011
UC Law SF
Boumediene As A Constitutional Mandate: Bivens Actions At Guantanamo Bay, Ian Samson
UC Law Constitutional Quarterly
The legal status of and the rights of the persons detained at the United States' facility at Guantdnamo Bay are two of the preeminent questions facing today's legal scholars. The United States initially presented Guantdnamo as a legal netherworld-neither fully within nor exempted from the rule of law. But the Supreme Court's decision in Boumediene v. Bush rejected the government's characterization by deciding that, whatever the legal status of Guantdnamo may be, it certainly is not what the government imagined. This note argues that Boumediene's de jure versus de facto sovereignty distinction applies beyond the writ of habeas corpus and …
Marketplace Of Ideas 2.0: Excluding Viewpoints To Include Individuals,
2011
UC Law SF
Marketplace Of Ideas 2.0: Excluding Viewpoints To Include Individuals, Robert Luther Iii
UC Law Constitutional Quarterly
What are the implications of the Christian Legal Society v. Martinez decision? First, in ruling that public universities may require that all recognized student organizations permit any and "all comers" to be eligible for all offices of the organization, the Court issued a narrow rule that is praiseworthy for its clarity but for little else. Second, and on the issue of precedent, it is worth noting that by ratifying Hastings' "all-comers" policy, the Court overlooked numerous precedents and historical facts that recognize the rights of students to associate with those of similar beliefs on campus and free of university-imposed burdens. …
California Dreaming: A Case To Give States Discretion In Providing In-State Tuition To Its Undocumented Students,
2011
UC Law SF
California Dreaming: A Case To Give States Discretion In Providing In-State Tuition To Its Undocumented Students, Debra Urteaga
UC Law Constitutional Quarterly
Should undocumented students qualify for in-state tuition? In a recent decision by the California Supreme Court, the answer is "yes." California Education Code section 68130.5 provides that anyone, including undocumented immigrants, may qualify for in-state tuition if the student has attended a California high school for at least three years and has graduated from a California high school. This issue, however, has been the subject of heated controversy for some time, and certain college students went as far as to sue the Regents of the University of California for admitting undocumented students into their schools. The arguments, however, are misguided.
The Role Of Reporter For A Law Project,
2011
UC Law SF
The Role Of Reporter For A Law Project, Rory K. Little
UC Law Constitutional Quarterly
Professor Little has served as the Reporter for the ABA's Task Force to Revise the Criminal Justice Standards for the Prosecution and Defense Functions since 2005. In this introductory essay for a unique joint publication Symposium between the Hastings Constitutional Law Quarterly and the Hastings Law Journal focused on the Standards, Professor Little provides his description of the role of a Reporter for a law project. Surprisingly, despite almost a century of academics serving as Reporters for law projects sponsored by the American Law Institute and the ABA, there is no literature providing the "inside story" of a Reporter's role. …
A Different Path Taken: Texas Capital Offenders' Post-Atkins Claims Of Mental Retardation,
2011
UC Law SF
A Different Path Taken: Texas Capital Offenders' Post-Atkins Claims Of Mental Retardation, Peggy M. Tobolowsky
UC Law Constitutional Quarterly
In 2002, in Atkins v. Virginia, the United States Supreme Court held that the execution of mentally retarded offenders is unconstitutional, and entrusted the enforcement of this constitutional ban to the states. In the absence of legislative action in Texas, the Texas Court of Criminal Appeals has established substantive and procedural standards to resolve Texas offenders' Atkins claims of mental retardation for offenders seeking state post-conviction relief. This Texas appellate court has also specified most of the standards to resolve Atkins claims at the trial court level and on direct appeal. The United States Court of Appeals for the Fifth …
