Roe As We Know It,
2016
University of Texas School of Law
Roe As We Know It, Cary Franklin
Michigan Law Review
The petitioners in last year’s historic same-sex marriage case cited most of the Supreme Court’s canonical substantive due process precedents. They argued that the right of same-sex couples to marry, like the right to use birth control and the right to guide the upbringing of one’s children, was among the liberties protected by the Fourteenth Amendment. The Court in Obergefell v. Hodges agreed, citing many of the same cases. Not once, however, did the petitioners or the majority in Obergefell cite the Court’s most famous substantive due process decision. It was the dissenters in Obergefell who invoked Roe v. Wade.
Reforming The Contested Convention: Rethinking The Presidential Nomination Process,
2016
Barry University
Reforming The Contested Convention: Rethinking The Presidential Nomination Process, Michael T. Morley
Faculty Scholarship
No abstract provided.
Politics At Work After Citizens United,
2016
Loyola Marymount University and Loyola Law School
Politics At Work After Citizens United, Ruben J. Garcia
Loyola of Los Angeles Law Review
There are seismic changes going on in the political system. The United States Supreme Court has constitutionalized the concentration of political power in the “one percent” in several recent decisions, including Citizens United v. FEC. At the same time, unions are representing a shrinking share of the workforce, and their political power is also being diminished. In order for unions to recalibrate the balance of political power at all, they must collaborate with grassroots community groups, as they have done in several recent campaigns. There are, however, various legal structures that make coordination between unions and nonunion groups difficult, …
Law, Politics, And Legacy Building At The Mclachlin Court In 2014,
2016
Osgoode Hall Law School of York University
Law, Politics, And Legacy Building At The Mclachlin Court In 2014, Jamie Cameron
Osgoode Legal Studies Research Paper Series
This Article was written for Osgoode Hall Law School’s annual Constitutional Cases conference, and provides the keynote overview of the McLachlin Court’s 2014 constitutional jurisprudence. The Court’s 2014 constitutional decisions (Appointment and Senate References; Tsilqot’in Nation; Trial Lawyers) and restrictions on Mr. Big operations (Hart), in combination with a tsunami of Charter decisions early in 2015 (the 2015 Labour Trilogy; Carter v. Canada; R. v. Nur; and others), made this a legacy-building year. More than an overview, this Article probes the nature of the McLachlin Court’s legacy this year and the relationship between legal and political dynamics, to ask: in …
Conservatives, The Supreme Court, And The Constitution: Judicial-Government Relations, 2006-15,
2016
McGill University
Conservatives, The Supreme Court, And The Constitution: Judicial-Government Relations, 2006-15, Christopher P. Manfredi
Osgoode Legal Studies Research Paper Series
Three high profile government losses in the Supreme Court in late 2013 and early 2014, combined with the government’s response to those losses, generated a narrative of an especially fractious relationship between the Conservative government of Prime Minister Stephen Harper and the Court. This article analyzes this narrative more rigorously by going beyond a mere tallying of government wins and losses in the Court. Specifically, it examines Charter-based invalidations of federal legislation since 2006, three critical reference opinions rendered at the government’s own request, and two key judgments delivered in the spring of 2015 concerning aboriginal rights and the elimination …
Consent To Psychiatric Treatment: From Insight (Into Illness) To Incite (A Riot),
2016
Dalhousie University Schulich School of Law
Consent To Psychiatric Treatment: From Insight (Into Illness) To Incite (A Riot), Sheila Wildeman
Articles, Book Chapters, & Popular Press
The aim of this chapter is to go back to the basics on consent to treatment, starting with the right to refuse and building from there. Part II addresses the leading judicial statements on the value of medical self-determination, and in light of these statements, considers what is at stake in psychiatric treatment choice. Part III explores the three core elements of valid consent to treatment -- namely that consent be voluntary, informed and capable -- with attention to variation in the law amongst provinces and territories, and some lines of analysis and critique specifically applicable to mental health care …
Toward A Political Theory For Private International Law,
2016
Touro Law Center
Toward A Political Theory For Private International Law, John Linarelli
Scholarly Works
Private international law presents a dilemma for legal and political philosophy. Legal and political philosophers have ignored private international law, with only a few scattered attempts to evaluate its claims. Private international law offers a powerful set of counterexamples that put into serious doubt attempts to link law’s authority only or primarily to relationships between states and citizens. No society, state, or other practice-mediated relationship can serve as grounds for the authority of private international law to persons to whom it applies but who are outside of such relationships. Private international law affects the normative situations of persons entirely outside …
Modernist Forms Of Thinking And Their Critics In Mid-Twentieth Century America (Book Review),
2016
University of Miami School of Law
Modernist Forms Of Thinking And Their Critics In Mid-Twentieth Century America (Book Review), Kunal Parker
Articles
No abstract provided.
Voter Ignorance And Deliberative Democracy,
2016
Saint Louis University School of Law
Voter Ignorance And Deliberative Democracy, Chad Flanders
All Faculty Scholarship
American voters are shockingly ignorant about politics. Not only do they not know basic facts about the structure of American government (what the three branches are, etc.) or the views of the major political parties, they do not really know in many cases even what they believe about politics, because what they believe can be manipulated depending on how pollsters ask the questions. People may oppose welfare, for instance, but favor increasing money transfers to the poor-which is pretty much what welfare is.2 Even worse, when voters are motivated to seek out more information, and do seek out that information, …
Fact Sheet: Potential Transfer Of Garrison Dam/Lake Sakakawea Project Lands,
2016
University of North Dakota
Fact Sheet: Potential Transfer Of Garrison Dam/Lake Sakakawea Project Lands, United States Army Corps Of Engineers
US Government Documents Related to Indigenous Nations
This 2016 fact sheet released by the United States (US) Army Corps of Engineers, discusses the potential return of lands within the Fort Berthold Reservation to the Three Affiliated Tribes of the Fort Berthold Reservation. The lands in question are part of 153,000 acres that were taken for the construction and operation of the Garrison Dam. The authority of this return is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). The fact sheet includes a brief history of the lands in question, the process of the return, and the status of the return.
Rulemaking's Missing Tier,
2016
Wayne State University
Rulemaking's Missing Tier, William Ortman
Law Faculty Research Publications
No abstract provided.
The Long Shadow Of Bush V. Gore: Judicial Partisanship In Election Cases,
2016
Northwestern Pritzker School of Law
The Long Shadow Of Bush V. Gore: Judicial Partisanship In Election Cases, Michael S. Kang, Joanna M. Shepherd
Faculty Articles
Bush v. Gore decided a presidential election and is the most dramatic election case in our lifetime, but cases like it are decided every year at the state level. Ordinary state courts regularly decide questions of election rules and administration that effectively determine electoral outcomes hanging immediately in the balance. Election cases like Bush v. Gore embody a fundamental worry with judicial intervention into the political process: outcome-driven, partisan judicial decisionmaking. The Article investigates whether judges decide cases, particularly politically sensitive ones, based on their partisan loyalties more than the legal merits of the cases. It presents a novel method …
Kcon Xi Essay Introduction: Compulsory Arbitration And Adhesion Contracts In The Age Of Donald Trump,
2016
University of Houston Law Center
Kcon Xi Essay Introduction: Compulsory Arbitration And Adhesion Contracts In The Age Of Donald Trump, Peter Linzer
St. Mary's Law Journal
Remarks of Peter Linzer on receiving the Lifetime Achievement Award from the 11th International Contracts Conference (K-CON XI). Revised after Election Day, 2016.
The Problem Of Appropriations Riders: The Bipartisan Budget Bill Of 2013 As A Case Study,
2016
Mitchell Hamline School of Law
The Problem Of Appropriations Riders: The Bipartisan Budget Bill Of 2013 As A Case Study, Irene Scharf
Mitchell Hamline Law Review
No abstract provided.
Holding Canada Accountable: An Evaluation Of Canada's Compliance To The United Nations Declaration On The Rights Of Indigenous Peoples,
2016
Wilfrid Laurier University
Holding Canada Accountable: An Evaluation Of Canada's Compliance To The United Nations Declaration On The Rights Of Indigenous Peoples, Jackson A. Smith
Theses and Dissertations (Comprehensive)
Compliance of human rights norms requires the application of pressure from a multitude of directions and levels. It takes individual advocacy, micro-system/organizational/community-level pressure, and macro-level pressure from other nation-states and international organizations and governance bodies. This MA study focuses on the mechanisms employed by the United Nations to monitor the compliance of signatory nation-states to the standards established in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), with particular focus on Canada. A crucial goal of this study is to translate the UN Special Rapporteur on the Rights of Indigenous Peoples (UNSRRIP), James Anaya’s, findings on the …
Expanding Standing To Develop Democracy: Third Party Public Interest Standing As A Tool For Emerging Democracies,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Expanding Standing To Develop Democracy: Third Party Public Interest Standing As A Tool For Emerging Democracies, Aparna Polavarapu
Scholarly Works
No abstract provided.
Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, Michael Kagan
Scholarly Works
President Obama’s ambitious use of executive discretion in immigration – especially the DACA and DAPA programs – should be understood in context of a struggle within the executive branch between the President and frontline enforcement officers in the Department of Homeland Security who have actively resisted his policy agenda. The so far successful litigation by 26 states to partially halt these programs has focused on this struggle within the executive branch, rather than on the stalemate between the President and Congress over legislative immigration reform. In preliminary rulings, the federal district court and the Court of Appeals have interpreted ambiguous …
Political Dysfunction And The Election Of Donald Trump: Problems Of The U.S. Constitution's Presidency,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Political Dysfunction And The Election Of Donald Trump: Problems Of The U.S. Constitution's Presidency, David Orentlicher
Scholarly Works
In this article, Professor Orentlicher examines the Constitution's design for the executive branch. He argues that by opting for a single executive rather than a multi-person executive, the Constitution causes two serious problems-it fuels the high levels of partisan polarization that we see today, and it increases the likelihood of misguided presidential decision making. Drawing on the experience in other countries with executive power shared by multiple officials, he proposes a bipartisan executive.
Feminism In The Age Of Trump,
2016
North Star Fund
Feminism In The Age Of Trump, Jennifer Ching, Mai Ratakonda, Miriam Ticktin, Claudia Flores, Julie Suk, Jocelyn Getgen Kestenbaum, Susanna Mancini
Cardozo Journal of Equal Rights & Social Justice
The symposium explores the challenges and opportunities for advancing gender equality through legal reforms, particularly focusing on the Equal Rights Amendment (ERA) and the intersectionality of women's rights with other social justice movements. It emphasizes the need for a more inclusive and systemic approach to addressing gender inequalities, highlighting both the historical struggles within the feminist movement and the contemporary barriers to achieving substantive equality. The discussion underscores the importance of constitutional and legislative reforms, such as the ratification of the ERA, to address ongoing disparities in pay, representation, and access to reproductive rights.
Protest Is Different,
2016
Vermont Law School
Protest Is Different, Jessica L. West
University of Richmond Law Review
No abstract provided.
