Its Hour Come Round At Last? State Sovereign Immunity And The Great State Debt Crisis Of The Early Twenty-First Century,
2012
Duke Law School
Its Hour Come Round At Last? State Sovereign Immunity And The Great State Debt Crisis Of The Early Twenty-First Century, Ernest A. Young
Faculty Scholarship
State sovereign immunity is a sort of constitutional comet, streaking across the sky once a century to the amazement and consternation of legal commentators. The comet’s appearance has usually coincided with major state debt crises: The Revolutionary War debts brought us Chisholm v. Georgia and the Eleventh Amendment, and the Reconstruction debts brought us Hans v. Louisiana and the Amendment’s extension to federal question cases. This essay argues that much of our law of state sovereign immunity, including its odd fictions and otherwise-incongruous exceptions, can be understood as an effort to maintain immunity’s core purpose — protecting the states from …
‘The Ordinary Diet Of The Law’: The Presumption Against Preemption In The Roberts Court,
2012
Duke Law School
‘The Ordinary Diet Of The Law’: The Presumption Against Preemption In The Roberts Court, Ernest A. Young
Faculty Scholarship
In a preemption case decided over a decade ago, Justice Breyer wrote that “in today’s world, filled with legal complexity, the true test of federalist principle may lie . . . in those many statutory cases where courts interpret the mass of technical detail that is the ordinary diet of the law.” This article surveys the Roberts Court’s preemption jurisprudence, focusing on five cases decided in OT 2010. Young argues that Justice Breyer was right — that is, that because current federalism jurisprudence largely eschews any effort to define exclusive spheres of state and federal regulatory jurisdiction, the most important …
The Burdens And Benefits Of Brighton,
2012
Duke Law School
The Burdens And Benefits Of Brighton, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
Standing The Test Of Time: The Breadth Of Majority Coalitions And The Fate Of U.S. Supreme Court Precedents,
2012
Duke Law School
Standing The Test Of Time: The Breadth Of Majority Coalitions And The Fate Of U.S. Supreme Court Precedents, Stuart M. Benjamin, Bruce A. Desmarais
Faculty Scholarship
Should a strategic Justice assemble a broader coalition for the majority opinion than is necessary, even if that means accommodating changes that move the opinion away from the author’s ideal holding? If the author’s objective is to durably move the law to his or her ideal holding, the conventional answer is no, because there is a cost and no corresponding benefit. We consider whether attracting a broad majority coalition can placate future courts. Controlling for the size of the coalition, we find that cases with ideologically narrow coalitions are more likely to be treated negatively by later courts. Specifically, adding …
Sorrell V. Ims Health And The End Of The Constitutional Double Standard,
2012
Duke Law School
Sorrell V. Ims Health And The End Of The Constitutional Double Standard, Ernest A. Young
Faculty Scholarship
No abstract provided.
Introduction,
2012
Duke Law School
Case Management In The Circuit Courts,
2012
Duke Law School
Case Management In The Circuit Courts, Marin K. Levy
Faculty Scholarship
No abstract provided.
Judicial Decision Making In A World Of Natural Law And Natural Rights,
2012
Duke Law School
Judicial Decision Making In A World Of Natural Law And Natural Rights, George C. Christie
Faculty Scholarship
This article was my contribution to a symposium celebrating the achievements of John Finnis held at the Villanova University School of Law. Finnis’ greatest work is his Natural Law and Natural Rights. I agree with Finnis’ rejection of an approach to natural law which focuses on the notion of natural rights. Finnis’ approach instead focuses on a natural law that is based on the idea that there are certain basic human goods such as the search for knowledge, the maintenance of life, the sharing of fellowship with other human beings, the capacity to enjoy aesthetic experiences, and the exercise …
The Chevron Two-Step In Georgia's Administrative Law,
2012
University of Georgia School of Law
The Chevron Two-Step In Georgia's Administrative Law, David Shipley
Scholarly Works
The Georgia Supreme Court and Court of Appeals have long accepted the General Assembly’s authority to enact legislation that establishes administrative agencies and empowers those agencies to promulgate rules and regulations to implement their enabling statutes. In addition, the Georgia Constitution provides that the General Assembly may authorize agencies to exercise quasi-judicial powers. Administrative agencies with broad powers enjoy a secure position under Georgia law.
Like federal and state administrative agencies throughout the nation, Georgia’s many boards, commissions and authorities make policy when they apply their governing statutes in promulgating regulations of general applicability, and in ruling on specific matters …
No Justice In Utah's Justice Courts: Constitutional Issues, Systemic Problems, And The Failure To Protect Defendants In Utah's Infamous Local Courts,
2012
SJ Quinney College of Law, University of Utah
No Justice In Utah's Justice Courts: Constitutional Issues, Systemic Problems, And The Failure To Protect Defendants In Utah's Infamous Local Courts, Samuel P. Newton, Teresa L. Welch, Neal G. Hamilton
Utah OnLaw: The Utah Law Review Online Supplement
Utah’s justice of the peace courts look and feel exactly like district courts, yet they lack the benefits and protections afforded to citizens charged with more serious offenses. Utah should strongly consider abolishing its justice courts in order to integrate them into a statewide system of justice that would “keep the peace” for all of the state’s citizens. If Utah does not abolish its justice courts, then it should implement the procedures and reforms outlined in this Article. Utah continues to have an opportunity to provide meaningful, and constitutional, justice administered at its local level. Once these reforms were implemented, …
Symposium On State Court Funding: Keynote Address,
2012
University of California, Irvine
Symposium On State Court Funding: Keynote Address, Erwin Chemerinsky
Kentucky Law Journal
No abstract provided.
No Exit: The Financial Crisis Facing State Courts,
2012
Rutgers University-Camden
No Exit: The Financial Crisis Facing State Courts, G. Alan Tarr
Kentucky Law Journal
No abstract provided.
Do Boumediene Rights Expire?,
2012
Fordham University School of Law
Do Boumediene Rights Expire?, Andrew Kent
Faculty Scholarship
In 2008, Guantanamo detainees won a landmark victory in Boumediene v. Bush, which held that the Congress and the President could not prevent the detainees from accessing the courts to seek release via habeas corpus. The Court decided that persons claiming to be innocent civilians deserved a day in court, even though they were noncitizens held by the U.S. military as enemy combatants on foreign territory. The Court applied a fact-specific test that granted habeas rights to noncitizens outside the United States only when a balance of factors — including citizenship, enemy status, the nature of status review procedures, the …
Elected Judges And Statutory Interpretation,
2012
William & Mary Law School
Elected Judges And Statutory Interpretation, Aaron-Andrew P. Bruhl, Ethan J. Leib
Faculty Scholarship
This Article considers whether differences in methods of judicial selection should influence how judges approach statutory interpretation. Courts and scholars have not given this question much sustained attention, but most would probably embrace the “unified model,” according to which appointed judges (such as federal judges) and elected judges (such as many state judges) are supposed to approach statutory text in identical ways. There is much to be said for the unified model—and we offer the first systematic defense of it. But the Article also attempts to make the best case for the more controversial but also plausible contrary view: that …
Best Outcomes For Indian Children,
2012
Wisconsin Department of Children and Families & Ho-Chunk Nation
Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef
Center on Children, Families, and the Law: Faculty Publications
The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin's tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners' understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA.
In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling …
Changing The Narrative Of Child Welfare,
2012
University of the District of Columbia
Changing The Narrative Of Child Welfare, Matthew I. Fraidin
Journal Articles
No abstract provided.
False Convictions,
2012
University of Michigan Law School
False Convictions, Phoebe C. Ellsworth, Samuel R. Gross
Book Chapters
False convictions have received a lot of attention in recent years. Two-hundred and forty-one prisoners have been released after DNA testing has proved their innocence, and hundreds of others have been released without DNA evidence. We now know quite a bit more about false convictions than we did thirty years ago - but there is much more that we do not know, and may never know.
The Invisible Branch: Funding Resilient Courts Through Public Relations, Institutional Identity, And A Place On The "Public Radar",
2012
Oregon Supreme Court
The Invisible Branch: Funding Resilient Courts Through Public Relations, Institutional Identity, And A Place On The "Public Radar", Paul J. De Muniz
Kentucky Law Journal
No abstract provided.
My Internship At The Champaign State’S Attorney’S Office,
2012
Parkland College
My Internship At The Champaign State’S Attorney’S Office, Rebecca Davis
Independent Honors Projects
A summary of my experiences during my service honors project as an intern in the Champaign County State's Attorney's Office.
2011 Trademark Law Decisions Of The Federal Circuit,
2012
American University Washington College of Law
2011 Trademark Law Decisions Of The Federal Circuit, Marynelle Wilson, Antigone Peyton
American University Law Review
No abstract provided.
