His votes are almost always in line with what one would predict based on the policy preferences of the party of the President that appointed him, i. And that fact—more than his jurisprudence in particular areas, or his methodological approach to judging, or any other facet of his service on the Court—seems likely to define his legacy. The executive is headed by a single person, not a collegial body, and that single person is the ultimate policy maker, with all others subordinate to him.
In , then-Judge Alito participated in a discussion of executive power, and noted his endorsement of the unitary executive theory that he had espoused while at OLC. Justice Samuel Alito is regarded by both his champions and his critics as the most consistently conservative member of the current Supreme Court. Both groups seem to agree that he has become the most important conservative voice on the Court. Chief Justice John Roberts has a Court to lead; Justice Antonin Scalia and his particular brand of originalism have passed on; Justice Clarence Thomas is a stricter originalist and so writes opinions that other Justices do not join; and Justice Anthony Kennedy can be ideologically unreliable.
Justice Alito, by contrast, is unburdened by the perceived responsibilities of being Chief Justice, is relatively young by Supreme Court standards 66 years old , is methodologically conventional, and is uniquely reliable. This report raises familiar issues and recommendations. The NRC Report found that numerous forensic science disciplines relied on deficient scientific foundations, interpretative procedures lacked rigor, analysts took inadequate measures to avoid error and bias, and forensic examiners testified with unwarranted certainty.
Unfortunately, these challenges have rarely been successful.
How does the United States enter and exit its international obligations? We need a better way to describe the nuanced texture of the tapestry of modern international lawmaking and related activities that stays truer to reality than this procrustean construct that academics try to impose on a messy reality.
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This Essay seeks to offer that better conceptual framework to evaluate the legality of modern international lawmaking. It illustrates that framework through two recent case studies of modern U. In United States v. Under the private search doctrine, once a private party has conducted an initial search independent of the government, the government may repeat that search, even if doing so would otherwise violate the Fourth Amendment.
Instead, the Court, along with most state courts, has reviewed economic regulations that do not implicate the Bill of Rights under a very forgiving version of the rational basis test that leaves little room for successful challenges. The number of Americans who must obtain government permissionto work in their chosen vocation has been steadily rising. Today, aboutone quarter of American workers must obtain a government-issued license to dotheir job, up from less than five percent in the s. Claims that the Constitution prohibits business licensing requirements have proliferated in recent years.
The U. Court of Appeals for the District of Columbia Circuit recently concluded that a District requirement that tour guides obtain business licenses violated the First Amendment. The Sixth Circuit likewise held that a licensing scheme for funeral directors violated due process and equal protection under the Fourteenth Amendment. These cases mark a sea change in the treatment of economic liberty claims both by the courts and in U. The students made FOIA requests to more than a dozen federal agencies on a range of consumer topics, from highway safety and airline accidents to environmental pollution and the regulation of pharmaceutical products.
Nader, never known for his subtlety, captured the results in the title of the article that followed: Freedom from Information: The Act and the Agencies. This principle is an imperative not just of due process but also of republican governance. The Freedom of Information Act FOIA , which the Eighty-ninth Congress enacted half a century ago, included a provision requiring federal agencies to disclose their effective law and policy.
In subsequent cases, lower courts enforced this rule, repeatedly requiring federal agencies to publish legal memoranda and opinions interpreting or applying the law. The statute applies to all federal agencies and functions in a straightforward way: virtually anyone, for any reason, can request access to agency records, and agencies, in turn, are required to provide those records unless they are protected from disclosure by nine, carefully crafted exemptions. The Freedom of Information Act FOIA has a lofty goal: to open the doors of government offices and allow the public a front-row seat in watching over government affairs.
In turn, this sort of bright transparency should enhance our participatory democracy and the accountability of our elected officials. No doubt, FOIA has served precisely that purpose on many occasions—examples which represent victories for openness and accountability.
Yet, journalists and watchdog groups make up a tiny fraction of requesters seeking information under the law. More than one hundred countries and all fifty states haveenacted their own freedom of information laws.
Politically-motivated nuisance requestsbedevil government agencies. With over , FOIA requestsfiled every year, the federal government faces the costs of a mounting backlog.
This spring, Oakland, Calif. I hope I have made this proposal clear and I have provided a succinct case for it. Cricket in Colonial India, Uptown Up Close Local restaurant tastings, live entertainment, art auction and community expo to benefit the Uptown Association. I don't think what Gomorro said required some particulary esoteric or "arcane" knowledge.
In April , the U. Thisconfirmation ended a twenty-year-long struggle between scientists at the Smithsonian, the U. Late last year, however, theFederal Circuit ruled en banc that the disparagement bar is unconstitutional onFirst Amendment grounds in In re Tam. For centuries, prominent jurists and political theorists have looked to private fiduciary relationships such as trusteeship, agency, and guardianship to explain and justify the authority of public officials and public institutions. This tradition has attracted increasing interest over the past decade, as legal scholars have used fiduciary concepts to elucidate important features of public law, from the nature and design of constitutional government, to the legal obligations that attend public offices such as judge and legislator.
We have contributed to this revival of public fiduciary theory by showing that fiduciary principles can explain and justify the structure and content of administrative law and international law. On February 16, , the U. Department of Justice DOJ obtained an unprecedented court order in the San Bernardino shooting case thatwould have forced Apple to design and deliver to the DOJ software capable ofdestroying the encryption and passcode protections built into the iPhone.
All agreed that the governing standard was the undue burden framework the Court had adopted a quarter century earlier in Planned Parenthood v. Opponents of the abortion right asserted that after the Court decided Gonzales v. Supporters were confident that the undue burden framework provided women more constitutional protection than that—but many still worried that the standard was too indeterminate to constrain state legislatures.
Strieff decision declined to apply the exclusionary rule to evidence seized as a result of an arrest that followed an unconstitutional stop. Before Dodd-Frank, the SEC could secure civil fines against registered broker-dealers and investment advisers in administrative proceedings, but had to sue in court non-registered firms and individuals, including public companies and executives charged with accounting fraud, or traders charged with insider trading violations. After the Dodd-Frank amendment, save for a few remedies that can only be obtained in court, the SEC can choose the forum in which it prosecutes enforcement actions.
For the past three decades, the practice of judicial override in capital cases has allowed Alabama judges to impose the death penalty even where the jury voted for life. However, recent developments have cast doubt on the future of override in Alabama. Override in Alabama has been attacked on other grounds as well; in , two Justices of the United States Supreme Court expressed Eighth Amendment concerns that Alabama overrides are arbitrary and linked to political pressure. The time is ripe for a reappraisal of the separation of powers as the organizing principle of our federal government.
Most of the relevant doctrinal architecture has been constructed over the past seven decades. Perhaps because of Justice Robert H. Nick Rhoades was diagnosed with HIV at the age of In , he began anti-retroviral therapy ART , an increasingly effective form of treatment that can reduce the amount of HIV in blood to undetectable levels. Three years later, the treatment had done just that.
Shortly thereafter, Rhoades engaged in consensual sexual activity with a man he met on a social networking site. The two men used additional protection.
But Rhoades did not disclose his HIV-positive status until several days after their encounter. A jury convicted Rhoades in He was sentenced to twenty-five years in prison. TransCanada claims that the State Department ignored its own favorable environmental assessments of the pipeline multiple times and rejected the proposal to placate misinformed activists and foreign governments.
Before , prosecutions of banks had been quite rare in the federal courts, and the criminal liability of banks and bankers was not a topic that received much public or scholarly attention. In the wake of the last financial crisis, however, critics have begun to ask whether prosecutors adequately held banks and bankers accountable for their crimes.
To badly mangle Marx, a specter is haunting Fourth Amendment law—the specter of technological change. In a number of recent cases, in a number of different contexts, courts have questioned whether existing Fourth Amendment doctrine, developed in an analog age, is able to deal effectively with digital technologies.
Consider two commercial contracts. The first requires customers to waive their rights to bring class actions against large businesses in favor of private arbitration. The second requires a reservation leaseholder to adjudicate disputes in tribal court. Both arbitration and tribal courts are favored by acts of Congress.
Both contracts are hotly contested in the Supreme Court. But the arbitration clause contract has been affirmed in a series of recent decisions. Mississippi Band of Choctaw Indians. This is not because I was a federal judge for seventeen years. Rather it is because before my judgeship, I was a feminist litigator and a criminal defense lawyer.
And from this vantage point, my concern for Title IX reform is inextricably linked to my concern for fair process for the accused. I am a feminist. I even agree with some of what they say. But their reasonable tone cannot conceal their remarkable conclusion. They appear to say that …. Introduction Almost every member of Congress voted to approve the Religious Freedom Restoration Act of RFRA ,1 a bill endorsed by an unprecedented coalition of dozens of religious and civil rights organizations spanning the political and ideological spectrum. Douglas NeJaime and Reva B.
In just one generation, those battles have turned religious liberty, that consensus ideal of American public life, into a source of the fiercest divisions.