The Government's Lies And The Constitution,
2015
University of Colorado Law School
The Government's Lies And The Constitution, Helen Norton
Publications
Governments lie. They do so for many different reasons to a wide range of audiences on a variety of topics. Although courts and commentators have extensively explored whether and when the First Amendment permits the government to regulate lies told by private speakers, relatively little attention has yet been paid to the constitutional implications of the government's intentional falsehoods. This Article helps fill that gap by exploring when, if ever, the Constitution prohibits our government from lying to us.
The government’s lies can be devastating. This is the case, for example, of its lies told to resist legal and political …
Obergefell'S Squandered Potential,
2015
University of Washington School of Law
Gayffirmative Action: The Constitutionality Of Sexual Orientation-Based Affirmative Action Policies,
2015
University of Washington School of Law
Gayffirmative Action: The Constitutionality Of Sexual Orientation-Based Affirmative Action Policies, Peter Nicolas
Articles
Twenty-five years ago, the U.S. Supreme Court established a consistency principle in its race-based equal protection cases. That principle requires courts to apply the same strict scrutiny to racial classifications designed to benefit racial minorities—such as affirmative action policies—as they do to laws invidiously discriminating against them. The new consistency principle, under which discrimination against whites is subject to strict scrutiny, conflicted with the Court's established criteria for declaring a group to be a suspect or quasi-suspect class entitled to heightened scrutiny, which focused on such considerations as the history of discrimination against the group and its political powerlessness.
As …
Expanding The Civil Rights Dialogue In An Increasingly Diverse America: A Review Of Frank Wu’S Yellow: Race In America Beyond Black And White,
2014
Touro University Jacob D. Fuchsberg Law Center
Expanding The Civil Rights Dialogue In An Increasingly Diverse America: A Review Of Frank Wu’S Yellow: Race In America Beyond Black And White, Harvey Gee
Touro Law Review
No abstract provided.
Qualified Immunity: 1983 Litigation In The Public Employment Context,
2014
Touro University Jacob D. Fuchsberg Law Center
Qualified Immunity: 1983 Litigation In The Public Employment Context, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term,
2014
Touro Law School
Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Closing The Doors To Justice: A Critique Of Pimentel V. Dreyfus And The Application Of Legal Formalism To The Elimination Of Food Assistance Benefits For Legal Immigrants,
2014
Seattle University School of Law
Closing The Doors To Justice: A Critique Of Pimentel V. Dreyfus And The Application Of Legal Formalism To The Elimination Of Food Assistance Benefits For Legal Immigrants, Hannah Zommick
Seattle University Law Review
This Comment contends that the Ninth Circuit’s opinion in Pimentel v. Dreyfus employed a legal formalist approach and that by applying this framework, the court prevented legal immigrants, who were caught between the strict eligibility restrictions of welfare reform, from asserting their rights through the justice system. The legal formalist approach “treats the law as a set of scientific formulae or principles that are derived from the study of case law. These principles create an internal analytical framework which, when applied to a set of facts, leads the decision maker, through logical deduction, to the correct outcome in a case.” …
Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States,
2014
Florida State University College of Law
Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack A. Player
Georgia Journal of International & Comparative Law
No abstract provided.
Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek
Touro Law Review
No abstract provided.
County Court, Westchester County, People V. Gant,
2014
Touro University Jacob D. Fuchsberg Law Center
County Court, Westchester County, People V. Gant, Albert V. Messina Jr.
Touro Law Review
No abstract provided.
Supreme Court, Queens County, People V. Michaelides,
2014
Touro University Jacob D. Fuchsberg Law Center
Supreme Court, Queens County, People V. Michaelides, Christin Harris
Touro Law Review
No abstract provided.
Supreme Court, Tompkins County, Seymour V. Holcomb,
2014
Touro University Jacob D. Fuchsberg Law Center
Supreme Court, Tompkins County, Seymour V. Holcomb, Jessica Goodwin
Touro Law Review
No abstract provided.
Disparity In Police Procedures For Non-English Speaking Dwi Suspects: Constitutional Protections For Non-English Speaking Criminal Defendants Falling Second To Governmental Interests,
2014
Touro University Jacob D. Fuchsberg Law Center
Disparity In Police Procedures For Non-English Speaking Dwi Suspects: Constitutional Protections For Non-English Speaking Criminal Defendants Falling Second To Governmental Interests, Daniela Giordano
Touro Law Review
No abstract provided.
Equal Protection And The Gifted And Talented Program,
2014
Touro University Jacob D. Fuchsberg Law Center
Equal Protection And The Gifted And Talented Program, Deirdre Cicciaro
Touro Law Review
No abstract provided.
The Cost To Carry: New York State’S Regulation On Firearm Registration,
2014
Touro University Jacob D. Fuchsberg Law Center
The Cost To Carry: New York State’S Regulation On Firearm Registration, David D. Pelaez
Touro Law Review
No abstract provided.
State Taxation - Unitary Business/Formula Apportionment Tax Accounting Method - Application Of A Three Factor Formula To Apportion Income Of Foreign-Parent Corporations For State Tax Reporting Purposes Does Not Violate The Commerce Clausse Or The Due Process Clause Of The U.S. Constitution - Barclay's Bank Int'l, Ltd. V. Franchise Tax Bd., 10 Cal. App. 4th 1742, 14 Cal. Rptr. 2d 537 (Cal. Ct. App. 1992), Modified Reh'g Denied, 11 Cal. App. 4th 1678a (Cal. Ct. App. 1992)., Sarah B. Pierce
Georgia Journal of International & Comparative Law
No abstract provided.
Brief Of Scholars Of The Constitutional Rights Of Children Susannah W. Pollvogt, Catherine E. Smith, And Tanya Washington As Amici Curiae In Support Of Plaintiffs-Appellants And Reversal: Robicheaux V. Caldwell,
2014
Washington and Lee University School of Law
Brief Of Scholars Of The Constitutional Rights Of Children Susannah W. Pollvogt, Catherine E. Smith, And Tanya Washington As Amici Curiae In Support Of Plaintiffs-Appellants And Reversal: Robicheaux V. Caldwell, Catherine E. Smith, Tanya Washington, Susannah W. Pollvogt
Scholarly Articles
Amici are scholars and professors of family law and the law of equal protection. Amici submit this brief to respond directly to arguments advanced by the State of Louisiana that its laws prohibiting same-sex marriage2 are justified because they advance child welfare. Specifically, the State asserts that its laws advance child welfare by promoting Louisiana’s interest in: (1) linking children with their biological parents to prevent the social stigma associated with being “illegitimate” and (2) establishing the child as a member of an intact family resulting from the marriage of the mother and alleged father. These purported justifications express and …
Georgia's Workers' Compensation Law: Are Limitations On Death Benefits To Foreign, Nonresident Dependents Constitutional? Barge-Wagener Constr. Co. V. Morales,
2014
University of Georgia School of Law
Georgia's Workers' Compensation Law: Are Limitations On Death Benefits To Foreign, Nonresident Dependents Constitutional? Barge-Wagener Constr. Co. V. Morales, Peter J. Diskin
Georgia Journal of International & Comparative Law
No abstract provided.
Partitioning And Rights: The Supreme Court's Accidental Jurisprudence Of Democratic Process,
2014
SUNY Buffalo Law School
Partitioning And Rights: The Supreme Court's Accidental Jurisprudence Of Democratic Process, James A. Gardner
Florida State University Law Review
In democracies that allocate to a court responsibility for interpreting and enforcing the constitutional ground rules of democratic politics, the sheer importance of the task would seem to oblige such courts to guide their rulings by developing an account of the nature and prominent features of the constitutional commitment to democracy. The U.S. Supreme Court, however, has from the beginning refused to develop a general account—a theory—of how the U.S. Constitution establishes and structures democratic politics. The Court’s diffidence left a vacuum at the heart of its constitutional jurisprudence of democratic process, and like most vacuums, this one was almost …
Shelby County V. Holder - Brief Contextualized,
2014
Gettysburg College
Shelby County V. Holder - Brief Contextualized, Mark W. Wolfe
Student Publications
This paper begins with three major factors that set the stage for Shelby: first, a history of the VRA; second, an overview of Northwest Austin with a focus on how it led directly to Shelby; and finally, Shelby County’s motivations for bringing the suit. An examination of racial demographics compared to statistics on voter registration and minority officeholders in Alabama and Louisiana—two states originally subject to preclearance—follows in light of the Court’s claims on the matter. A conclusion will take a brief look at laws passed since Shelby with an eye towards a future critique. [excerpt]
