Commentary: Justice Who Follows Scalia's Path Would Hurt The Working Class,
2016
Gettysburg College
Commentary: Justice Who Follows Scalia's Path Would Hurt The Working Class, Bruce A. Larson
Political Science Faculty Publications
During the campaign, Donald Trump released a list of 21 conservatives from which he promised to pick Supreme Court justices, should he win the election. With President-elect Trump apparently nearing a decision on a nominee to replace the late Justice Scalia, Senate Republicans are no doubt eagerly awaiting the chance to confirm Trump's pick and restore a conservative majority on the court. [excerpt]
Difficult Questions For The Senate Minority,
2016
University of New Hampshire School of Law
Difficult Questions For The Senate Minority, John M. Greabe
Law Faculty Scholarship
This column is the first in a biweekly Constitutional Connections series that will examine the constitutional implications of various topics in the news. The author, John Greabe, teaches constitutional law and related subject at the University of New Hampshire School of Law. He also serves on the board of trustees of the New Hampshire Institute for Civics Education.
School Segregation And History Revisited,
2016
St. John's University School of Law
School Segregation And History Revisited, Alfred Avins
The Catholic Lawyer
No abstract provided.
Thompson V. Shapiro: Residence Requirements And The Right To Life,
2016
St. John's University School of Law
Thompson V. Shapiro: Residence Requirements And The Right To Life
The Catholic Lawyer
No abstract provided.
Selective Conscientious Objection,
2016
St. John's University School of Law
Selective Conscientious Objection, Gaillard T. Hunt
The Catholic Lawyer
No abstract provided.
Emigration, Repatriation And The Reality Of Returned Youth In El Salvador,
2016
The University of San Francisco
Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez
Master's Theses
According to US Customs and Border Protection, over 59 thousand unaccompanied minors from the Northern Triangle (Guatemala, Honduras and El Salvador) have been detained at the US border, of those 59 thousand, 17 thousand are from El Salvador. El Salvador is home to some of the most dangerous and ruthless gangs of the twenty-first century. Their ruthlessness comes from 1980s guerrilla warfare experience. In addition, El Salvador serves as a transshipment point for illicit substances from South America into Mexico. These dynamics fuel the homicide rate of the region as local gang members must protect their territory by any means …
Knowledge And Fourth Amendment Privacy,
2016
Salmon P. Chase College of Law, Northern Kentucky University
Knowledge And Fourth Amendment Privacy, Matthew Tokson
Northwestern University Law Review
This Article examines the central role that knowledge plays in determining the Fourth Amendment’s scope. What people know about surveillance practices or new technologies often shapes the “reasonable expectations of privacy” that define the Fourth Amendment’s boundaries. From early decisions dealing with automobile searches to recent cases involving advanced information technologies, courts have relied on assessments of knowledge in a wide variety of Fourth Amendment contexts. Yet the analysis of knowledge in Fourth Amendment law is rarely if ever studied on its own.
This Article fills that gap. It starts by identifying the characteristics of Fourth Amendment knowledge. It finds, …
The Death Penalty And The Fifth Amendment,
2016
Duke Law School
The Death Penalty And The Fifth Amendment, Joseph Blocher
Northwestern University Law Review
Can the Supreme Court find unconstitutional something that the text of the Constitution “contemplates”? If the Bill of Rights mentions a punishment, does that make it a “permissible legislative choice” immune to independent constitutional challenges?
Recent developments have given new hope to those seeking constitutional abolition of the death penalty. But some supporters of the death penalty continue to argue, as they have since Furman v. Georgia, that the death penalty must be constitutional because the Fifth Amendment explicitly contemplates it. The appeal of this argument is obvious, but its strength is largely superficial, and is also mostly irrelevant to …
Habeas Corpus - An Erosion Of Law And Order?,
2016
St. John's University School of Law
Habeas Corpus - An Erosion Of Law And Order?
The Catholic Lawyer
No abstract provided.
Implications Of The Allen Textbook Decision,
2016
St. John's University School of Law
Implications Of The Allen Textbook Decision, Robert F. Drinan, S.J.
The Catholic Lawyer
No abstract provided.
An Unhurried Look At Obscenity,
2016
St. John's University School of Law
An Unhurried Look At Obscenity, John M. Regan, C.M.
The Catholic Lawyer
No abstract provided.
Obscenity - A Re-Evaluation,
2016
St. John's University School of Law
Friends With Benefits: Redefining Personal Gain In Insider Trading Under Salman V. United States,
2016
Duke Law
Friends With Benefits: Redefining Personal Gain In Insider Trading Under Salman V. United States, Wendy R. Becker
Duke Journal of Constitutional Law & Public Policy Sidebar
Since Congress has not enacted a statute outlawing insider trading, or the trading of securities based on non-public information, outright, courts have struggled to define what constitutes insider trading. The Supreme Court held that a fiduciary duty was breached when the insider privy to the information receives a “personal benefit.” This Commentary analyzes a pending Supreme Court case, Salman v. United States, which addresses whether pecuniary gain is needed to constitute the personal benefit necessary for insider trading, or if certain relationships are enough for the tip to inherently create a personal benefit for the insider. The author argues …
Free Speech Matters: The Roberts Court And The First Amendment,
2016
Brooklyn Law School
Free Speech Matters: The Roberts Court And The First Amendment, Joel M. Gora
Journal of Law and Policy
This article contends that the Roberts Court, in the period from 2006 to 2016, arguably became the most speech-protective Supreme Court in memory. In a series of wide-ranging First Amendment decisions, the Court sounded and strengthened classic free speech themes and principles. Taken together, the Roberts Court’s decisions have left free speech rights much stronger than they were found.
Those themes and principles include a strong libertarian distrust of government regulation of speech and presumption in favor of letting people control speech, a consistent refusal to fashion new “non-speech” categories, a reluctance to “balance” free speech away against governmental interests, …
Introduction; The Past, Present And Future Of Free Speech,
2016
Brooklyn Law School
Introduction; The Past, Present And Future Of Free Speech, Joel M. Gora
Journal of Law and Policy
This short paper introduces the papers and commentary produced at two significant First Amendment occasions. First was a 40th anniversary celebration of the Supreme Court’s landmark 1976 decision in Buckley v. Valeo, the fountainhead ruling on the intersection between campaign finance restrictions and First Amendment rights. The questions were discussed provocatively by two of the leading players in that decision, James Buckley himself, now a retired United States Circuit Judge, and Ira Glasser, former head of the ACLU who helped organize a strange bedfellows, left-right coalition to challenge the new federal election campaign laws on First Amendment grounds. …
The Academy, Campaign Finance, And Free Speech Under Fire,
2016
Brooklyn Law School
The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith
Journal of Law and Policy
This article discusses the issue of campaign finance and the impact money has on the political process in the country. The author suggests campaign finance regulations that curb the current threat it poses to the system, as well as the First Amendment itself. Lastly, the author discusses the impact academics have had on the debate and this decline in support of free speech that has resulted from the debate.
Anti-Disruption Statutory Construction,
2016
Case Western Reserve University School of Law
Anti-Disruption Statutory Construction, Jonathan H. Adler
Cardozo Law Review
The article examines Chief Justice John Roberts' approach to statutory interpretation, characterizing it as a form of "Burkean minimalism." This approach prioritizes judicial restraint, avoiding disruptive outcomes and maintaining stability in the law, even if it requires departing from the plain meaning of statutory text. Roberts' decisions often reflect a pragmatic willingness to reinterpret statutes to prevent significant disruptions, uphold legislative enactments, and preserve constitutional harmony, rather than adhering strictly to textualist or doctrinal purity.
Summary Reversals In The Roberts Court,
2016
Seton Hall University School of Law
Summary Reversals In The Roberts Court, Edward A. Hartnett
Cardozo Law Review
The article examines the use of summary reversals by the Roberts Court, arguing that these decisions—where the Court reverses lower court rulings without full briefing or oral argument—serve important administrative functions and address specific types of errors, despite longstanding criticism. The author identifies patterns in the areas of law and types of errors targeted by these reversals, concluding that the practice persists due to its utility in maintaining judicial hierarchy and efficiency, even as critics question its propriety.
John Roberts And Constitutional Law,
2016
Constitutional Accountability Center
John Roberts And Constitutional Law, Brianne J. Gorod
Cardozo Law Review
The article examines Chief Justice John Roberts's judicial approach during his first decade on the Supreme Court, highlighting his generally conservative jurisprudence while noting instances where institutional concerns about the Court's legitimacy led him to prioritize law over ideology. Roberts's record reflects a tension between his conservative ideological convictions and his commitment to the Court's institutional reputation.
The Roberts Court And The New Textualism,
2016
O'Melveny & Myers L.L.P.
The Roberts Court And The New Textualism, Anton Metlitsky
Cardozo Law Review
The article explores the Roberts Court's approach to statutory interpretation, focusing on its adherence to the "new textualism," a methodology emphasizing the plain meaning of statutory text. While recent cases like King v. Burwell, Bond v. United States, and Yates v. United States appear to prioritize statutory purpose over textual meaning, the Court's reasoning reinforces its commitment to textualism by framing decisions within textualist methodology, even when outcomes seem to depart from strict textual interpretation.
