Compelling The Courts To Question Gonzalez V. O Centro: A Public Harms Approach To Free Exercise Analysis,
2010
University of Richmond
Compelling The Courts To Question Gonzalez V. O Centro: A Public Harms Approach To Free Exercise Analysis, Ari B. Fontecchio
Richmond Journal of Law and the Public Interest
Part I will set forth the analytical framework established by the Supreme Court in the RFRA and RLUIPA contexts before 0 Centro." This Part will provide a brief background to RFRA and RLUIPA and set forth the definition of "compelling interest" before 0 Centro. Part II will focus on the decision in 0 Centro; specifically, how the Supreme Court's redefinition of "compelling interest" significantly elevates the government's burden. Part III will compare the government's chance of winning on a "compelling interest" argument before 0 Centro" with the chance of winning in its wake. This Part will discuss the merits, flaws, …
“Death Is Different” No Longer: Graham V. Florida And The Future Of Eighth Amendment Challenges To Noncapital Sentences.,
2010
Loyola University Chicago
“Death Is Different” No Longer: Graham V. Florida And The Future Of Eighth Amendment Challenges To Noncapital Sentences., Barry Sullivan
Faculty Publications & Other Works
No abstract provided.
The International Criminal Court: An Informal Overview,
2010
Loyola University Chicago
The International Criminal Court: An Informal Overview, Jerry E. Norton
Faculty Publications & Other Works
No abstract provided.
Flores-Figueroa And The Search For Plain Meaning In Identity Theft Law,
2010
University at Buffalo School of Law (Student)
Flores-Figueroa And The Search For Plain Meaning In Identity Theft Law, Nathaniel J. Stuhlmiller
Buffalo Law Review
No abstract provided.
Refocusing Away From Rules Reform And Devoting More Attention To The Deciders,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Refocusing Away From Rules Reform And Devoting More Attention To The Deciders, Jeffrey W. Stempel
Scholarly Works
The issue of judicial competence and integrity is particularly troubling in the wake of Caperton v. A.T. Massey Coal Co., where the U.S. Supreme Court vacated a state supreme court decision in which a justice—who had received at least $3 million in campaign support from a litigant—cast the deciding vote to relieve the litigant of a liability award of $50 million ($82 million with interest). The Court reached this result, one I view as compelled by common sense, through a 5-4 vote. The dissenters, led by Chief Justice Roberts and Justice Scalia, minimized the danger of biased judging presented by …
Expert Witnesses: The Nevada Supreme Court Clarifies Adherence To Nrs 50.275 And Judicial Discretion, Expressly Declining To Embrace The Federal Daubert Approach,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Expert Witnesses: The Nevada Supreme Court Clarifies Adherence To Nrs 50.275 And Judicial Discretion, Expressly Declining To Embrace The Federal Daubert Approach, Jeffrey W. Stempel
Scholarly Works
No abstract provided.
The Supreme Court's Increased Attention To The Law Of Lawyering: Mere Coincidence Or Something More?
,
2010
American University Washington College of Law
The Supreme Court's Increased Attention To The Law Of Lawyering: Mere Coincidence Or Something More? , Renee Newman Knake
American University Law Review
The United States Supreme Court considered seventeen cases raising issues related to the role of attorneys and the practice of law during the 2009 Term. This body of cases represents a substantial departure from dockets in recent history, where typically the Court took up less than a handful of cases involving regulation of the legal profession. While some might consider the increased number of cases addressing the law of lawyering a mere coincidence, this article contends that something more is occurring. The Court’s decision to devote so much of its limited time to these matters is noteworthy not only for …
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia,
2010
University of Richmond
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Richmond Public Interest Law Review
Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …
A Mock Terrorism Application Of The P300-Based Concealed Information Test,
2010
University of Georgia School of Law
A Mock Terrorism Application Of The P300-Based Concealed Information Test, John B. Meixner Jr., J. Peter Rosenfeld
Scholarly Works
Previous studies examining the P300-based concealed information test typically tested for mock crime or autobiographical details, but no studies have used this test in a counterterrorism scenario. Subjects in the present study covertly planned a mock terrorist attack on a major city. They were then given three separate blocks of concealed information testing, examining for knowledge of the location, method, and date of the planned terrorist attack, using the Complex Trial Protocol (Rosenfeld et al., 2008). With prior knowledge of the probe items, we detected 12/12 guilty subjects as having knowledge of the planned terrorist attack with no false positives …
Decisional Sequencing,
2010
University of Georgia Law School
Decisional Sequencing, Peter B. Rutledge
Scholarly Works
Judicial decisionmaking consists of two sets of choices – (1) how to resolve the issues in a case and (2) how to decide the order in which those issues will be resolved. Much legal scholarship focuses on the first question; too little focuses on the second. This Article aims to fill that gap. Drawing across disciplines – philosophy, economics and political science – this Article articulates a theory of “decisional sequencing.” Decisional sequencing concerns the extent to which legal rules constrain – and do not constrain – the order in which judges and other quasi-judicial actors (like arbitrators) decide matters …
Narrative, Normativity, And Causation,
2010
Georgetown University Law Center
Narrative, Normativity, And Causation, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
This essay examines the relationship between constitutional narratives, causation, and normativity in the context of Barry Friedman’s book, The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution. In his book, Friedman provides a grand narrative of American constitutional history that emphasizes the role of public opinion in the development of American constitutional law. That narrative involves both implicit and explicit claims about the causal forces that shape constitutional doctrine and about normative constitutional theory. The aim of this essay is to identify those claims, excavate their theoretical assumptions, …
Honest-Services Fraud: A (Vague) Threat To Millions Of Blissfully Unaware (And Non-Culpable) American Workers,
2010
Georgetown University Law Center
Honest-Services Fraud: A (Vague) Threat To Millions Of Blissfully Unaware (And Non-Culpable) American Workers, Julie R. O'Sullivan
Georgetown Law Faculty Publications and Other Works
The author believes that statute 18 U.S.C. § 1346 is unconstitutionally vague, at least as applied to cases in which employees of private entities are prosecuted for depriving their employers of a right to their honest services (so-called “private cases”). Objections to vagueness rest on due process. “Vagueness may invalidate a criminal law for either of two independent reasons. First, it may fail to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits; second, it may authorize and even encourage arbitrary and discriminatory enforcement.” The Supreme Court’s vagueness precedents do not provide much …
Law, Facts, And Power,
2010
Southern Methodist University, Dedman School of Law
Law, Facts, And Power, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
The Supreme Court’s opinion in Ashcroft v. Iqbal is wrong in many ways. This essay is about only one of them: the Court’s single-handed return to a pleading system that requires lawyers and judges to distinguish between pleading facts and pleading law. This move not only resuscitates a distinction purposely abandoned by the generation that drafted the Federal Rules of Civil Procedure, but also serves as an example of the very difficulties created by the distinction. The chinks in the law-fact divide are evident in Iqbal itself - both in the already notorious pleading section of the opinion, and in …
A Prolonged Slump For ‘Plaintiff-Pitchers’: The Narrow ‘Strike Zone’ For Securities Plaintiffs In The Fourth Circuit,
2010
Southern Methodist University, Dedman School of Law
A Prolonged Slump For ‘Plaintiff-Pitchers’: The Narrow ‘Strike Zone’ For Securities Plaintiffs In The Fourth Circuit, Marc I. Steinberg, Dustin Appel
Faculty Journal Articles and Book Chapters
This article focuses on the narrow “strike zone” that plaintiffs must overcome in private securities actions instituted in the Fourth Circuit. Based on empirical data generated over a fourteen-year span, there emerges a clear finding that during that time period defendants were victorious in almost all cases, either on the merits of the case or due to procedural obstacles. The authors posit that this pattern of difficulty for plaintiffs arises, at least in part, from the Fourth Circuit’s restrictive interpretation of various requisite elements of these causes of action, such as materiality and scienter, as well as the Fourth Circuit’s …
Decriminalizing Students With Disabilities,
2010
University of Tennessee College of Law
Decriminalizing Students With Disabilities, Dean Hill Rivkin
NYLS Law Review
No abstract provided.
Estate Of Pew V. Cardarelli,
2010
New York Law School Class of 2009
Judicial Case Management: Caught In The Crossfire,
2010
University of Oklahoma Norman Campus
Judicial Case Management: Caught In The Crossfire, Steven S. Gensler
Faculty Articles
No abstract provided.
Wired: What We've Learned About Courtroom Technology,
2010
William & Mary Law School
Wired: What We've Learned About Courtroom Technology, Fredric I. Lederer
Popular Media
No abstract provided.
Equitable Balancing In The Age Of Statutes,
2010
Roger Williams University School of Law
Equitable Balancing In The Age Of Statutes, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Their Love Is Here To Stay: Why The Supreme Court Cannot Turn Back The Hands Of Time,
2010
Barry University School of Law
Their Love Is Here To Stay: Why The Supreme Court Cannot Turn Back The Hands Of Time, Marsha B. Freeman
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
