Making Constitutional Sense: A Modal Approach To California's Proposition 66,
2020
Loyola Marymount University and Loyola Law School
Making Constitutional Sense: A Modal Approach To California's Proposition 66, Alan Romero
Loyola of Los Angeles Law Review
For years, the California Supreme Court has adopted a deferential posture when reviewing state constitutional challenges to a ballot initiative. The decision in Briggs v. Brown underscored the degree to which courts are willing to avoid striking down ballot initiatives on constitutional grounds, such as by broadly construing the initiative’s language to avoid constitutional problems. In construing the language of Proposition 66 to avoid separation of powers problems, however, Briggs effectively re-interpreted central pillars of Proposition 66 in ways rendering it unrecognizable to Californians who cast votes for and against the initiative. Such recasting of ballot initiatives raises fundamental jurisprudential …
Law Library Blog (February 2020): Legal Beagle's Blog Archive,
2020
Roger Williams University
Law Library Blog (February 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
"Downright Indifference": Examining Unpublished Decisions In The Federal Courts Of Appeals,
2020
University of Florida Fredric G. Levin College of Law
"Downright Indifference": Examining Unpublished Decisions In The Federal Courts Of Appeals, Merritt E. Mcalister
Michigan Law Review
Nearly 90 percent of the work of the federal courts of appeals looks nothing like the opinions law students read in casebooks. Over the last fifty years, the so-called “unpublished decision” has overtaken the federal appellate courts in response to a caseload volume “crisis.” These are often short, perfunctory decisions that make no law; they are, one federal judge said, “not safe for human consumption.”
The creation of the inferior unpublished decision also has created an inferior track of appellate justice for a class of appellants: indigent litigants. The federal appellate courts routinely shunt indigent appeals to a second-tier appellate …
Free-Speech Formalism And Social Injustice,
2020
William & Mary Law School
Free-Speech Formalism And Social Injustice, Stephen M. Feldman
William & Mary Journal of Race, Gender, and Social Justice
The Roberts Court has shifted constitutional law in a formalist direction. This Essay explains the Court’s formalism and its causes and consequences in First Amendment free-expression cases. The thesis is that the current conservative justices’ reliance on formalism intertwines with their attitudes toward public and private spheres of activity. Their attitudes toward the public-private dichotomy are, in turn, shaped by their political ideologies as well as by the contemporary practices of democratic government, which have shifted significantly over American history. Formalism contains an inherent political tilt favoring those who already wield power in the private sphere. Formalism favors the wealthy …
Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020,
2020
Roger Williams University School of Law
Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
The Torture Machine: Racism And Police Violence In Chicago,
2020
DePaul University
The Torture Machine: Racism And Police Violence In Chicago, Flint Taylor
DePaul Journal for Social Justice
No abstract provided.
Third Generation Discrimination: An Empirical Analysis Of Judicial Decision Making In Gender Discrimination Litigation,
2020
DePaul University
Third Generation Discrimination: An Empirical Analysis Of Judicial Decision Making In Gender Discrimination Litigation, Catherine Ross Dunham, Christopher Leupold
DePaul Journal for Social Justice
No abstract provided.
“Give Me Your Tired, Your Poor, Your Huddled Masses”: The Case To Reform U.S. Asylum Law To Protect Climate Change Refugees,
2020
DePaul University
“Give Me Your Tired, Your Poor, Your Huddled Masses”: The Case To Reform U.S. Asylum Law To Protect Climate Change Refugees, Shea Flanagan
DePaul Journal for Social Justice
No abstract provided.
The Equal Rights Amendment In The Age Of #Metoo,
2020
DePaul University
The Equal Rights Amendment In The Age Of #Metoo, Deborah Machalow
DePaul Journal for Social Justice
No abstract provided.
"Can You Hear Me Now?” Terrance Egerson's Clear Invocation Of The Constitutional Right To Self-Representation Gets Lost In Transmission,
2020
DePaul University
"Can You Hear Me Now?” Terrance Egerson's Clear Invocation Of The Constitutional Right To Self-Representation Gets Lost In Transmission, Aaron Loudenslager
DePaul Journal for Social Justice
No abstract provided.
Table Of Contents,
2020
DePaul University
Letter From The Editors,
2020
DePaul University
The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020,
2020
Roger Williams University School of Law
The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen
School of Law Conferences, Lectures & Events
No abstract provided.
Champions For Justice 2020,
2020
Roger Williams University
Champions For Justice 2020, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Do Bans Help Modern Public Health?,
2020
Georgetown University Law Center
Do Bans Help Modern Public Health?, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
A century ago, the 18th Amendment to the United States Constitution went into effect, banning the “manufacture, sale, or transportation of intoxicating liquors.” Fourteen years after its ratification, the 18th Amendment was repealed by the 21st Amendment. What did Prohibition teach us about banning hazardous products like alcohol, tobacco, or e-cigarettes?
Separation Of Powers, Partisanship And Impeachment: How Can We Overcome The Partisan Propaganda?,
2020
University of New Hampshire Franklin Pierce Law School
Separation Of Powers, Partisanship And Impeachment: How Can We Overcome The Partisan Propaganda?, John M. Greabe
Law Faculty Scholarship
[excerpt] "Our Constitutional system divides power horizontally, among the three branches of the federal government, and vertically, between the federal government and the states. We refer to the former division as our "separation of powers" and the latter as our "federalism."
Eitc For All: A Universal Basic Income Compromise Proposal,
2020
American University Washington College of Law
Eitc For All: A Universal Basic Income Compromise Proposal, Benjamin M. Leff
Washington and Lee Journal of Civil Rights and Social Justice
Much has been written about a concept called universal basic income (UBI). With a UBI, the government gives every person a certain amount of money each year, or even each month. The UBI has broad appeal with thinkers on both the right and the left, but the appeal is partially because different thinkers have different visions of what the current state of affairs is with respect to government welfare policies and different theories about why these existing policies are inadequate or damaging. Reforming existing programs, rather than making a radical break with the past, could satisfy at least some of …
Something For Nothing: Universal Basic Income And The Value Of Work Beyond Incentives,
2020
Robert Morris University
Something For Nothing: Universal Basic Income And The Value Of Work Beyond Incentives, Jonathan D. Grossberg
Washington and Lee Journal of Civil Rights and Social Justice
Proponents and opponents of a universal basic income all acknowledge that the most significant political challenge to its adoption in the United States is that a universal basic income would not have a work requirement attached. Often, this is characterized as a problem involving incentives—the availability of a universal basic income would cause many people to stop working (or significantly curtail the number of hours that they work) and simply live off the universal basic income. This Article makes three contributions to the literature related to a universal basic income: First, it provides a typology for understanding the many reasons …
Movement And Countermovement Dynamics Between The Religious Right And Lgb Community Arising From Colorado’S Amendment 2,
2020
University of Denver
Movement And Countermovement Dynamics Between The Religious Right And Lgb Community Arising From Colorado’S Amendment 2, Lauren L. Yehle, Joshua C. Wilson, Nancy D. Wadsworth, Susan Schulten
DU Undergraduate Research Journal Archive
This sample of the case study of Equality Colorado will demonstrate how counter movements and litigation may limit and change how an organization surrounding a social movement acts. Colorado for Family Values helped pass Colorado’s Amendment 2 in 1992, which limited any present and future anti-discrimination legislation that would protect sexuality as a class. This ballot initiative passed by 53% of Colorado voters, and other states like Idaho and Oregon attempted to replicate this type of initiative. Amendment 2 challenged the LGB community and compelled the movement to collectively respond to the religious right with coalitions, pooled resources, and litigation. …
Do You Really Know What Happened To Psy?: Controversial South Korean Music Censorship,
2020
[email protected]
Do You Really Know What Happened To Psy?: Controversial South Korean Music Censorship, Min-Soo "Minee" Roh
Legal Writing Competition Winners
This paper was submitted to the Entertainment Law Initiative(ELI)'s The 22nd Annual Entertainment Law Initiative Writing Competition and was recognized by the Recording Academy by a formal letter for admission.
