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.
Reform In California's Immigration Enforcement And Immigration Court,
2010
Claremont McKenna College
Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil
CMC Senior Theses
According to the Department of Homeland Security, Office of Immigration Statistic, California accounts for approximately 2,600,000 illegal immigrants in 2009. This number represents about 25 percent of the entire estimated illegal immigrant population in the United States, which is roughly 10.8 million. Between 2003 and 2008, the U.S. government removed 1,446,338 noncitizens from the United States. This rise in deportation is a result o the changes that have been enacted by the federal government over the years that transformed the nature of immigration enforcement. This thesis explores the California Immigration Enforcement system from the programs established to apprehend illegal aliens …
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.
The Misuse Of Textualism: A Further Reply To Prof. Kahn,
2010
Georgetown University Law Center
The Misuse Of Textualism: A Further Reply To Prof. Kahn, Stephen B. Cohen
Georgetown Law Faculty Publications and Other Works
Because readers have already endured four articles, two by me and two by Prof. Douglas A. Kahn, debating the meaning of section 67(e)(1), I am reluctant to respond to Prof. Kahn’s rejoinder, which appeared in the January 18 issue of Tax Notes. Nevertheless, our disagreement implicates the judicial craft of two U.S. Supreme Court members, Chief Justice John Roberts and Justice Sonia Sotomayor. I therefore feel it important to answer Prof. Kahn’s latest contentions, recognizing my duty to be as brief as possible.
The Subjects Of The Constitution,
2010
Georgetown University Law Center
The Subjects Of The Constitution, Nicholas Quinn Rosenkranz
Georgetown Law Faculty Publications and Other Works
Two centuries after Marbury v. Madison, there remains a deep confusion about quite what a court is reviewing when it engages in judicial review. Conventional wisdom has it that judicial review is the review of certain legal objects: statutes, regulations. But strictly speaking, this is not quite right. The Constitution prohibits not objects but actions. Judicial review is the review of such actions. And actions require actors: verbs require subjects. So before judicial review focuses on verbs, let alone objects, it should begin at the beginning, with subjects. Every constitutional inquiry should begin with a basic question that has been …
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 …
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 …
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
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.
Early Release Programs In Illinois: Justifiable Or Objectionable?,
2010
Loyola University Chicago, School of Law
Early Release Programs In Illinois: Justifiable Or Objectionable?, Bill Schramm
Public Interest Law Reporter
No abstract provided.
Punishing Juveniles: Is Life Without Parole Too Cruel?,
2010
Loyola University Chicago, School of Law
Punishing Juveniles: Is Life Without Parole Too Cruel?, Amy Mccarthy
Public Interest Law Reporter
No abstract provided.
Kesalahan-Kesalahan Matrimoni Dalam Kes Perceraian Di Luar Mahkamah Dan Tanpa Kebenaran Mahkamah : Kajian Di Mahkamah Syariah Negeri Selangor Darul Ehsan.,
2010
University of Malaya
Kesalahan-Kesalahan Matrimoni Dalam Kes Perceraian Di Luar Mahkamah Dan Tanpa Kebenaran Mahkamah : Kajian Di Mahkamah Syariah Negeri Selangor Darul Ehsan., Mazlan Abd Manan
Student Works (2010-2019)
There is no specific nas (justification) provided in the Al-Quran and the Al-Sunnah with regards to divorce outside the Court without due permission. However, over the years this ongoing problem has led the scholars to view their justifications on the matter. In view of this, the purpose of this dissertation is to feature the study on divorce cases outside Court and without the Court’s permission and its implementation to Malaysian law specifically in reference to cases from the Syariah Courts in Selangor. The Selangor Islamic Family Law Enactment 1984 for instance, as proposed by the Syariah Court has come up …
Isu-Isu Dalam Kes Harta Sepencarian Di Mahkamah Syariah Singapura : Satu Analisis.,
2010
Universiti Malaya
Isu-Isu Dalam Kes Harta Sepencarian Di Mahkamah Syariah Singapura : Satu Analisis., Idham Halid Romli
Student Works (2010-2019)
This study discusses the issues of harta sepencarian (jointly-accumulated wealth) in the Syariah Court of Singapore. The objectives of this study are to examine the meaning and interpretation of harta sepencarian, and the influence of direct and indirect contributions in determining the amount received by the husband and wife from the harta sepencarian. Although the AMLA has provided general guidelines and interpretation on the factors which need to be taken into consideration when determining the distribution of harta sepencarian, but these guidelines do not distinguish between the main and supporting factors. Through literature studies, case-studies of Court cases and interviews, …
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?,
2010
New York Law School Class of 2009
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
NYLS Law Review
No abstract provided.
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 Journal of Law and the Public Interest
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 …
