Next Generation Foreign Intelligence Surveillance Law: Renewing 702,
2017
Syracuse University College of Law
Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks
University of Richmond Law Review
No abstract provided.
A Modest Memo,
2017
Loyola Law School
A Modest Memo, Yxta Maya Murray
Michigan Journal of Race and Law
A Modest Memo is a satire in the form of a legal memo written for President-Elect Donald Trump circa November 2016. It counsels Mr. Trump to obtain Mexican funding for a United States-Mexico “Wall” via United Nations Security Council sanctions. These sanctions would freeze remittances (that is, “hold them hostage”) until Mexican President Enrique Peña Nieto wired the United States sufficient monies for construction. The memo, which is entirely the product of my imagination and legal study, contemplates one of the many possible worst case scenarios threatened by the Trump presidency. Through the arts of law and literature, I aim …
The Resilience Of Noxious Doctrine: The 2016 Election, The Marketplace Of Ideas, And The Obstinacy Of Bias,
2017
University of Michigan Law School
The Resilience Of Noxious Doctrine: The 2016 Election, The Marketplace Of Ideas, And The Obstinacy Of Bias, Leonard M. Niehoff, Deeva Shah
Michigan Journal of Race and Law
The Supreme Court has recognized the central role that free expression plays in our democratic enterprise. In his dissenting opinion in United States v. Abrams, Justice Holmes offered a theory of how free expression advances our search for truth and our cultivation of an informed electorate. That model—often called the “marketplace of ideas,” based upon the metaphor used by Holmes—has proven to be one of the most persistent and influential concepts in First Amendment jurisprudence.
The marketplace of ideas model essentially holds that free expression serves our democratic goals by allowing differing proposed truths and versions of the facts …
Prosecutorial Discretion Power At Its Zenith: The Power To Protect Liberty,
2017
Benjamin N. Cardozo School of Law
Prosecutorial Discretion Power At Its Zenith: The Power To Protect Liberty, Peter L. Markowitz
Articles
On November 20, 2014, President Obama, frustrated by congressional inaction on immigration, announced an ambitious and potentially transformative prosecutorial discretion policy to forego the deportations of millions of low priority undocumented immigrants. That announcement immediately sparked legal challenges, which quickly wound their way to the Supreme Court, and a nationwide debate about the limits of the President’s prosecutorial discretion authority. President Obama’s actions are part of a larger trend whereby modern presidents have increasingly used robust assertions of prosecutorial discretion powers to achieve policy goals that they could not realize through legislation.
There are clear dangers in allowing a president …
The Dhs Border Memo: Ramping Up Expedited Removal And Raising Tensions With Mexico And With Due Process,
2017
Roger Williams University School of Law
The Dhs Border Memo: Ramping Up Expedited Removal And Raising Tensions With Mexico And With Due Process, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Ninth Circuit Agrees To Wait For Revised Refugee Executive Order,
2017
Roger Williams University School of Law
Ninth Circuit Agrees To Wait For Revised Refugee Executive Order, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Newsroom: Cybersecurity: Obama's Conflicted Legacy 02-17-2017,
2017
Roger Williams University School of Law
Newsroom: Cybersecurity: Obama's Conflicted Legacy 02-17-2017, Peter Margulies
Life of the Law School (1993- )
No abstract provided.
Newsroom: Slate: Goldstein On Travel Ban 02-17-2017,
2017
Roger Williams University School of Law
Newsroom: Slate: Goldstein On Travel Ban 02-17-2017, Jared A. Goldstein
Life of the Law School (1993- )
No abstract provided.
The Ninth Circuit On The Refugee Eo: The Government’S Least Bad Option,
2017
Roger Williams University School of Law
The Ninth Circuit On The Refugee Eo: The Government’S Least Bad Option, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Refugee Eo In The Ninth Circuit: Rights, Wrongs, And Remedies,
2017
Roger Williams University School of Law
The Refugee Eo In The Ninth Circuit: Rights, Wrongs, And Remedies, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Refugee Executive Order, The Immigration Act, And The Government’S Bottom Line,
2017
Roger Williams University School of Law
The Refugee Executive Order, The Immigration Act, And The Government’S Bottom Line, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Raped Abroad: Extraterritorial Application Of Title Ix For American University Students Sexually Assaulted While Studying Abroad,
2017
Northwestern Pritzker School of Law
Raped Abroad: Extraterritorial Application Of Title Ix For American University Students Sexually Assaulted While Studying Abroad, Brittany K. Bull
Northwestern University Law Review
Female college students who study abroad are five times more likely to be raped than their counterparts who remain on their domestic campuses. Students raped or sexually assaulted on or around campuses in the United States can seek a remedy under Title IX, which provides administrative and judicial remedies. Very few federal cases have ever addressed whether Title IX applies extraterritorially to allegations of sex discrimination occurring abroad, and courts have reached different results in these cases. Moreover, no federal circuit has ever addressed the issue. This Note explores whether Title IX applies extraterritorially to students raped while studying abroad. …
Understanding The Department Of Defense's Policy Regarding Transgender Servicemembers,
2017
William & Mary Law School
Understanding The Department Of Defense's Policy Regarding Transgender Servicemembers, A. Benjamin Spencer
Faculty Publications
In June 2016, the Secretary of Defense (SECDEF) issued Directive-type Memorandum (DTM) 16-005, "Military Service of Transgender Service Members." This DTM announced that, based on the premise that the "military should be open to all who can meet the rigorous standards for military service and readiness," "transgender individuals shall be allowed to serve in the military." The attachment to the memo declared that servicemembers could no longer be "involuntarily separated, discharged or denied reenlistment or continuation of service, solely on the basis of their gender identity." The core purpose of the new policy was to ensure that transgender persons would …
Newsroom: Order Violates Roger Williams' Principles 01-30-2017,
2017
Roger Williams University
Newsroom: Order Violates Roger Williams' Principles 01-30-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Rwu First Amendment Blog: Jared A. Goldstein's Blog: Trump's Order Violates Bedrock Principles Of Roger Williams And Ri 01-30-2017,
2017
Roger Williams University School of Law
Rwu First Amendment Blog: Jared A. Goldstein's Blog: Trump's Order Violates Bedrock Principles Of Roger Williams And Ri 01-30-2017, Jared A. Goldstein
Law School Blogs
No abstract provided.
The Erosion Of Congressional Checks On Presidential Power,
2017
William & Mary Law School
The Erosion Of Congressional Checks On Presidential Power, Neal Devins
Popular Media
No abstract provided.
Trending @ Rwu Law: Michael Bowden's Post: Obama, Biden Counsel To Deliver Mlk Address 1-19-2017,
2017
Roger Williams University School of Law
Trending @ Rwu Law: Michael Bowden's Post: Obama, Biden Counsel To Deliver Mlk Address 1-19-2017, Michael Bowden
Law School Blogs
No abstract provided.
Newsroom: Manning Lead Counsel On Commutation 01-17-2017,
2017
Roger Williams University
Newsroom: Manning Lead Counsel On Commutation 01-17-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Realizing An Opportunity: Limiting The Power Of The Executive In The Iraqi Constitution,
2017
Indiana University Maurer School of Law
Realizing An Opportunity: Limiting The Power Of The Executive In The Iraqi Constitution, Cory Kopitzke
Indiana Journal of Constitutional Design
In the summer of 2015, Iraqi citizens took to the streets in protest. After going without essential services, such as electricity, in the sweltering heat and after enduring corruption that undermined Iraqi forces battling the Islamic State, these citizens called for meaningful changes in the management of the Iraqi government and for the fulfillment of “democratic aspirations” enshrined in the Iraqi Constitution. In response to these protests, Iraqi Prime Minister, Haider al-Abadi, proposed sweeping reform measures to combat the decisive divides in the current administration. These reforms called for drastic change—including the elimination of the vice-president and deputy prime minister …
The President's Role In Advancing Criminal Justice Reform,
2017
President of the United States
The President's Role In Advancing Criminal Justice Reform, Barack Obama
United States Department of Justice: Publications
Criminal justice is a complex system, administered at all levels of government and shaped by a range of actors. Thanks to the dedicated efforts of so many in my Administration, the bipartisan push for reform from federal, state, and local officials, and the work of so many committed citizens outside government, America has made important strides. We have reduced overlong sentences for offenders and removed barriers for those with criminal records. We have made progress in helping people, especially young people, avoid getting entangled in the justice system in the first place. This Commentary talks about those achievements — and …
