Protecting Online Privacy In The Digital Age: Carpenter V. United States And The Fourth Amendment’S Third-Party Doctrine,
2020
University of Central Florida
Protecting Online Privacy In The Digital Age: Carpenter V. United States And The Fourth Amendment’S Third-Party Doctrine, Cristina Del Rosso, Carol M. Bast
Catholic University Journal of Law and Technology
The goal of this paper is to examine the future of the third-party doctrine with the proliferation of technology and the online data we are surrounded with daily, specifically after the Supreme Court’s decision in Carpenter v. United States. It is imperative that individuals do not forfeit their Constitutional guarantees for the benefit of living in a technologically advanced society. This requires an understanding of the modern-day functional equivalents of “papers” and “effects.”
Looking to the future, this paper contemplates solutions on how to move forward in this technology era by scrutinizing the relevancy of the third-party doctrine due …
Inside Baseball: Justice Blackmun And The Summer Of '72,
2020
University of Georgia School of Law
Inside Baseball: Justice Blackmun And The Summer Of '72, Savanna L. Nolan
Articles, Chapters and Online Publications
This article examines the historical context of Justice Blackmun's infamous opinion from Flood v. Kuhn, also known as the baseball case. Analysis includes discussion of recently re-discovered personal letters between Justices Powell and Blackmun.
The Decade Of Democracy's Demise,
2020
Hofstra University
The Decade Of Democracy's Demise, James Sample
American University Law Review
No abstract provided.
Antitrust Regulation And The Federal-State Balance: Restoring The Original Design,
2020
American University Washington College of Law
Antitrust Regulation And The Federal-State Balance: Restoring The Original Design, Alan J. Meese
American University Law Review
The U.S. Constitution divides authority over commerce between states and the national government. Passed in 1890, the Sherman Act (“the Act”) reflects this allocation of power, reaching only those harmful agreements that are “in restraint of . . . commerce among the several States.” This Article contends that the Supreme Court erred when it radically altered the balance between state and national power over trade restraints in 1948, abruptly abandoning decades of precedent recognizing exclusive state authority over most intrastate restraints. This revised construction of the Act contravened the statute’s apparent meaning, unduly expanded the reach of federal antitrust regulation, …
Equality Is A Brokered Idea,
2020
American University Washington College of Law
Equality Is A Brokered Idea, Robert Tsai
Scholarly Articles in Law Reviews & Journals
This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …
A Serendipitous Experiment In Percolation Of Intellectual Property Doctrine,
2020
Penn State University
A Serendipitous Experiment In Percolation Of Intellectual Property Doctrine, Daniel R. Cahoy, Lynda J. Oswald
Indiana Law Journal
This Article fills a gap in the literature by providing novel and unique empirical evidence of the impact of percolated intellectual property doctrine versus the impact of isolated doctrine from a specialized court. It relies on the U.S. Supreme Court’s paired decisions in 2014 in Octane Fitness, LLC v. ICON Health & Fitness, Inc.15 and Highmark, Inc. v. Allcare Health Management Systems, Inc.16 to highlight a natural forum for evaluating the effects of percolation on federal legal doctrine. At issue in those cases was the fee-shifting language of Section 285 of the Patent Act: “The court in exceptional cases may …
Redefining Tribal Sovereignty For The Era Of Fundamental Rights,
2020
University of Virginia
Redefining Tribal Sovereignty For The Era Of Fundamental Rights, Michael Doran
Indiana Law Journal
This Article explains a longstanding problem in federal Indian law. For two centuries, the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture theory to deny tribal governments criminal and civil jurisdiction over nonmembers, even with respect to activities on tribal lands. Legal scholars have puzzled over this move from a territorial-based definition of tribal sovereignty to a membership-based definition; they have variously explained it as the Court’s abandonment of the foundational principles of Indian law, the product of the Court’s indifference or even racist hostility …
The Major Questions Doctrine: How The Supreme Court’S Efforts To Rein In The Effects Of Chevron Have Failed To Meet Expectations,
2020
Candidate for J.D., Roger Williams University School of Law, 2020
The Major Questions Doctrine: How The Supreme Court’S Efforts To Rein In The Effects Of Chevron Have Failed To Meet Expectations, Andrew Howayeck
Roger Williams University Law Review
No abstract provided.
Dissent, Disagreement And Doctrinal Disarray: Free Expression And The Roberts Court In 2020,
2020
University of Florida Levin College of Law
Dissent, Disagreement And Doctrinal Disarray: Free Expression And The Roberts Court In 2020, Clay Calvert
UF Law Faculty Publications
Using the United States Supreme Court’s 2019 rulings in Manhattan Community Access Corp. v. Halleck, Nieves v. Bartlett, and Iancu v. Brunetti as analytical springboards, this Article explores multiple fractures among the Justices affecting the First Amendment freedoms of speech and press. All three cases involved dissents, with two cases each spawning five opinions. The clefts compound problems witnessed in 2018 with a pair of five-to-four decisions in National Institute of Family and Life Advocates v. Becerra and Janus v. American Federation of State, County, and Municipal Employees. Partisan divides, the Article argues, are only one problem with First Amendment …
The Court And The Suspect: Human Frailty, The Calculating Criminal, And The Penitent In The Interrogation Room,
2020
University of Miami School of Law
The Court And The Suspect: Human Frailty, The Calculating Criminal, And The Penitent In The Interrogation Room, Scott E. Sundby
Articles
No abstract provided.
Up To Interpretation—Highlighting The Texas Supreme Court’S “Ambiguous” Approach To Statutory Construction,
2020
Southern Methodist University, Dedman School of Law
Up To Interpretation—Highlighting The Texas Supreme Court’S “Ambiguous” Approach To Statutory Construction, Kyle Gromann
SMU Law Review
No abstract provided.
Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process,
2020
New York University - Washington, D.C.
Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process, Marvin L. Astrada Jd, Phd
Indiana Journal of Law and Social Equality
No abstract provided.
The Pursuit Of Comprehensive Education Funding Reform Via Litigation,
2020
Northwestern Pritzker School of Law
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
Northwestern Journal of Law & Social Policy
No abstract provided.
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?,
2020
Northwestern Pritzker School of Law
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Northwestern Journal of Law & Social Policy
No abstract provided.
Ratification Of The Equal Rights Amendment: Lessons From Special Elections To The House Of Representatives In 1837,
2020
Maurer School of Law: Indiana University
Ratification Of The Equal Rights Amendment: Lessons From Special Elections To The House Of Representatives In 1837, John Vlahoplus
Indiana Law Journal
In 1837 the House of Representatives considered a governor’s attempt to include a limitation in a writ issued to fill a vacancy in representation pursuant to Article I, Section 2 of the Constitution. The Representatives agreed almost unanimously that the limitation was unconstitutional and should be disregarded as mere surplusage rather than invalidating the writ and the election. This Article suggests that the similar Article V gives Congress only the power to propose amendments, without any limitation, and States the power to ratify amendments or not, without any power to rescind. Consequently, the time limit that Congress purported to impose …
The Incomplete Record In New York State Rifle & Pistol Association V. City Of New York,
2020
Covington & Burling, LLP
The Incomplete Record In New York State Rifle & Pistol Association V. City Of New York, Eric J. Mogilnicki, Alexander Schultz
SMU Law Review Forum
A Second Amendment case now pending at the Supreme Court, New York State Rifle & Pistol Ass’n v. City of New York, tests the extent to which New York City may limit the movement of guns along city streets. The briefing in that case is, however, incomplete. Second Amendment jurisprudence calls for an examination of historical analogues to the firearms regulation at issue. Here, the New York State Rifle and Pistol Association asserted that there are none. This Article identifies numerous historical analogues to the City’s transportation restrictions, most of which were not identified in the briefing before the …
Urge To Reform Life Without Parole So Nonviolent Addict Offenders Never Serve Lifetime Behind Bars,
2020
Touro Law Center
Urge To Reform Life Without Parole So Nonviolent Addict Offenders Never Serve Lifetime Behind Bars, Johanna Poremba
Touro Law Review
No abstract provided.
The Law Of Obscenity In Comic Books,
2020
Touro Law Center
The Law Of Obscenity In Comic Books, Rachel Silverstein
Touro Law Review
No abstract provided.
Rico Extraterritoriality, Rjr Nabisco And Shareholder Residence – A Key Consideration In Determining Rico Domestic Injury,
2020
Touro University Jacob D. Fuchsberg Law Center
Rico Extraterritoriality, Rjr Nabisco And Shareholder Residence – A Key Consideration In Determining Rico Domestic Injury, Laurence A. Steckman, Esq., Adam J. Rader, Esq.
Touro Law Review
No abstract provided.
Herman Melville’S Billy Budd: Why This Classic Law And Literature Novel Endures And Is Still Relevant Today,
2020
Touro Law Center
Herman Melville’S Billy Budd: Why This Classic Law And Literature Novel Endures And Is Still Relevant Today, Rodger Citron
Touro Law Review
No abstract provided.
