Appellate Review Of Social Facts In Constitutional Rights Cases,
2010
CUNY School of Law
Appellate Review Of Social Facts In Constitutional Rights Cases, Caitlin E. Borgmann
Publications and Research
There is great confusion among scholars and courts about whether and when appellate courts may, or must, defer to trial courts' findings of social fact in constitutional rights cases. The Supreme Court has never directly decided the question and indeed has addressed it only once, in passing. A common assumption, promoted by scholars and adopted as binding by some circuits, is that the deferential, "clearly erroneous" standard of Federal Rule of Civil Procedure 52(a)(6) does not apply to social facts. This Article challenges that assumption. There is nothing in the text of the rule that supports this conclusion. Moreover, except …
Gilbert & Sullivan And Scalia: Philosophy, Proportionality, And The Eighth Amendment,
2010
University of Denver
Gilbert & Sullivan And Scalia: Philosophy, Proportionality, And The Eighth Amendment, Ian Farrell
Sturm College of Law: Faculty Scholarship
As the recent decision in Kennedy v. Louisiana demonstrates, the principle of proportionality – that the punishment should fit the crime – remains a vital component of the Supreme Court's Eighth Amendment jurisprudence. Justice Scalia, however, holds the view that the Cruel and Unusual Punishment clause contains no requirement of proportionality. The keystone of Justice Scalia's faint-hearted originalist argument in support of this position is a philosophical claim: that the proportionality principle is an inherently retributivist concept incompatible with consequentialist goals of punishment. An analysis of the various theories of punishment, and in particular retributivism and consequentialism, shows this claim …
Bush, Obama And Beyond: Observations On The Prospect For Fact Checking Executive Department Threat Claims Before The Use Of Force,
2010
University of the Pacific McGeorge School of Law
Bush, Obama And Beyond: Observations On The Prospect For Fact Checking Executive Department Threat Claims Before The Use Of Force, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
This piece looks at the recurring problem of inflated threat claims offered by executive branch actors to persuade the Nation to consent to the use of force. It sets out the experience of the Bush Administration’s use of incorrect threat claims to persuade the country to consent to the use of force in Iraq as a backdrop to evaluating the President Obama’s use of threat claims to support the continuing use of force in Afghanistan. Although comparison of threat advocacy by the Bush and Obama administrations must be imperfect, it allows for some observations about the extent to which the …
The Protection Of Religious Liberty Under The American Constitution,
2010
Wayne State University
The Protection Of Religious Liberty Under The American Constitution, Robert A. Sedler
Law Faculty Research Publications
Religious liberty is a favored value under the United States Constitution. The Constitution provides two-fold protection to religious liberty by means of the Establishment Clause and the Free Exercise Clause. The Establishment Clause, sometimes referred to as the separation of church and state, requires that the government maintain a course of complete official neutrality toward religion. The government cannot favor one religion over another, nor can it favor religion over non-religion. The Free Exercise Clause is a textual guarantee of peoples' right to practice their religion and to hold and act on religious beliefs. The First Amendment's guarantee of freedom …
A Fractured Establishment's Responses To Social Movement Agitation: The U.S. Supreme Court And The Negotiation Of An Outsider Point Of Entry In Walker V. City Of Birmingham,
2010
Barry University
A Fractured Establishment's Responses To Social Movement Agitation: The U.S. Supreme Court And The Negotiation Of An Outsider Point Of Entry In Walker V. City Of Birmingham, Carlo A. Pedrioli
Faculty Scholarship
In classical social movement theory, scholars have identified the advocates of change as elements of agitation and the establishment as the entity that responds in an attempt to control the agitators. This classical approach has assumed that the establishment is a generally monolithic entity that responds in a unified manner to the efforts of the advocates of change. While this approach may accurately characterize some rhetorical situations, it does not necessarily have to characterize all such situations. For example, one could describe the judiciary as a part of the establishment because judges are well-connected and powerful individuals who, in many …
The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?,
2010
University of Maryland Francis King Carey School of Law
The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?, Deborah L. Meyer
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Exclusionary Rule Applied To Coerced Statements From Nondefendants, 43 J. Marshall L. Rev. 795 (2010),
2010
UIC School of Law
The Exclusionary Rule Applied To Coerced Statements From Nondefendants, 43 J. Marshall L. Rev. 795 (2010), Victoria D. Noel
UIC Law Review
No abstract provided.
Equal Access And The Right To Marry,
2010
Brooklyn Law School
Equal Access And The Right To Marry, Nelson Tebbe, Deborah A. Widiss
Faculty Scholarship
No abstract provided.
Foreword: Somebody’S Watching Me: Surveillance And Privacy In An Age Of National Insecurity,
2010
Case Western Reserve University - School of Law
Foreword: Somebody’S Watching Me: Surveillance And Privacy In An Age Of National Insecurity, Robert N. Strassfeld, Cheryl Ough
Faculty Publications
Forward to the Institute for Global Security Law and Policy at Case Western Reserve University symposium Somebody's Watching Me: Surveillance and Privacy in an Age of National Insecurity, Cleveland, OH, October 22-23, 2009
Rosy Pictures And Renegade Officials: The Slow Death Of Monroe V. Pape, 78 Umkc L. Rev. 889 (2010),
2010
University of Denver
Rosy Pictures And Renegade Officials: The Slow Death Of Monroe V. Pape, 78 Umkc L. Rev. 889 (2010), Alan K. Chen
Sturm College of Law: Faculty Scholarship
The architecture of federal constitutional remedies involves a matrix of causes of action and affirmative theories of relief that facilitate protection of individual constitutional rights and the evolution of constitutional doctrine. At the same time, lawsuits by private parties to secure constitutional enforcement present a number of structural constitutional challenges that have motivated the Supreme Court to bar or substantially limit many important forms of constitutional remedies. In most cases when the Court does so, however, its decisions explicitly or implicitly leave room for alternative remedies that provide an escape hatch for the litigant whose attempt to enforce the Constitution …
Introduction Of Judicial Review In Italy-Transition From Decentralized To Centralized Review (1948-1956)-A Successful Transplant Case Study,
2010
Penn State Dickinson Law
Introduction Of Judicial Review In Italy-Transition From Decentralized To Centralized Review (1948-1956)-A Successful Transplant Case Study, Louis Del Duca
Penn State International Law Review (1982 - 2011)
No abstract provided.
Secularism, The Veil And "Reasonable Interlocutors": Why France Is Not That Wrong,
2010
Penn State Dickinson Law
Secularism, The Veil And "Reasonable Interlocutors": Why France Is Not That Wrong, Guy Haarscher
Penn State International Law Review (1982 - 2011)
No abstract provided.
Hybridization: A Study In Comparative Constitutional Law,
2010
Penn State Dickinson Law
Hybridization: A Study In Comparative Constitutional Law, John Mceldowney
Penn State International Law Review (1982 - 2011)
Viewing constitutional law from a global perspective informs us about trends and concurrences that might otherwise go unnoticed. The main focus for this paper is how a new European legal tradition is being forged from two of the most influential Western traditions, the common and civil law. The term hybridization is used to refer to this phenomenon whereby there is convergence between different legal systems. This does not necessarily alter national sovereignty or substitute one system over another. It cannot be measured by success or failure of one legal system over another. It is a common sharing that is best …
Poverty And Constitutional Rights,
2010
Penn State Dickinson Law
Poverty And Constitutional Rights, Monica Pinto
Penn State International Law Review (1982 - 2011)
No abstract provided.
Teaching Constitutional Law In Malaysia: The Universiti Kebangsaan Malaysia's Experience,
2010
Penn State Dickinson Law
Teaching Constitutional Law In Malaysia: The Universiti Kebangsaan Malaysia's Experience, Henk Botha
Penn State International Law Review (1982 - 2011)
No abstract provided.
Unsafe Haven: Could Article 3 Of The U.N. Convention Against Torture Prevent The Extradition Of Terrorist Suspects To U.S. Custody,
2010
Penn State Dickinson Law
Unsafe Haven: Could Article 3 Of The U.N. Convention Against Torture Prevent The Extradition Of Terrorist Suspects To U.S. Custody, Faridah Jalil, Che Norlia Mustafa
Penn State International Law Review (1982 - 2011)
No abstract provided.
Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled
,
2010
American University Washington College of Law
Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled , Ross M. Oklewicz
American University Law Review
No abstract provided.
A Fraudulent Sense Of Belonging: The Case For Removing The 'False Claim To Citizenship' Bar For Noncitizen Voting,
2010
American University Washington College of Law
A Fraudulent Sense Of Belonging: The Case For Removing The 'False Claim To Citizenship' Bar For Noncitizen Voting, Anne Parsons
The Modern American
No abstract provided.
Insecure Communities: How Increased Localization Of Immigration Enforcement Under President Obama Through The Secure Communities Program Makes Us Less Safe, And May Violate The Constitution,
2010
American University Washington College of Law
Insecure Communities: How Increased Localization Of Immigration Enforcement Under President Obama Through The Secure Communities Program Makes Us Less Safe, And May Violate The Constitution, Rachel Zoghlin
The Modern American
No abstract provided.
Caster Semenya And The Myth Of A Level Playing Field,
2010
Western New England College School of Law
Caster Semenya And The Myth Of A Level Playing Field, Erin E. Buzuvis
The Modern American
No abstract provided.
