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American Business Law Journal, Volume 60, Issue 3, Page 481-540, Fall 2023., 2023 States are engaging in brute force (anti) federalism, where both sides of the political spectrum push agendas that extend beyond the Founder's early ideal of balanced federalism, using popular support and special interest groups' interests as their springboard.
Kathryn Kisska‐Schulze +2 more
wiley +1 more source
Función y significado del recurso constitucional en Alemania
Cuestiones Constitucionales, 2000 El artículo presenta al recursoconstitucional o Verfassungsbeschwerde,similar al amparo mexicano, ante el Tribu-nal Constitucional Federal alemán comoun medio extraordinario de impugnaciónque permite a los ciudadanos combatircualquier violación a sus ...
Jutta Limbach
doaj +3 more sources
Deploying fetal death: “Fetal burial” laws and the necropolitics of reproduction in Indiana
PoLAR: Political and Legal Anthropology Review, Volume 46, Issue 1, Page 9-23, May 2023., 2023 Abstract While abortion foes in the United States rhetorically promote “life,” discursive invocations of death are foundational to antiabortion advocacy. Pro‐life strategists have made gains mandating the mourning of aborted fetuses through fetal burial bills, which require abortion providers to cremate or bury fetal tissue from abortion procedures ...
Risa Cromer, Sophie Bjork‐James
wiley +1 more source
American Business Law Journal, Volume 60, Issue 1, Page 61-109, Spring 2023., 2023 Few Indian reservations have any semblance of a private sector. Consequently, poverty and unemployment are major problems in much of Indian country. While there are many reasons why private enterprise is scarce in Indian country, one of the foremost reasons is businesses do not trust tribal courts. Businesses' distrust of tribal courts is not unique as
Adam Crepelle
wiley +1 more source
The Indian Child Welfare Act during the Brackeen years
Juvenile and Family Court Journal, Volume 74, Issue 1, Page 9-36, March 2023., 2023 Abstract From 2017 through 2022, while the Indian Child Welfare Act (“ICWA”) was under direct constitutional attack from Texas, state courts around the country continued hearing appeals on ICWA with virtually no regard for the decision‐making happening in Haaland v. Brackeen in the federal courts.
Kathryn E. Fort, Adrian T. Smith
wiley +1 more source
Lucky you: Your case is heard by a seasoned panel—Panel effects in the German Constitutional Court
Journal of Empirical Legal Studies, Volume 19, Issue 4, Page 1179-1221, December 2022., 2022 Abstract Panel effects have been widely studied in randomly composed panels. However, for many courts, panel composition stays constant. Then judges become familiar with each other. They know what to expect from each other. Mutual trust may develop. A local culture may emerge.
Christoph Engel
wiley +1 more source
The Title VII Amendments Act: A Proposal
American Business Law Journal, Volume 59, Issue 2, Page 339-392, Summer 2022., 2022 Given the narrow framing of the Supreme Court's decision in Bostock v. Clayton County, that employers cannot fire someone simply for being gay or transgender, numerous questions persist as to whether and to what extent LGBTQ Americans are protected against employment discrimination.
Alex Reed
wiley +1 more source
Protecting image rights in the face of digitalization: A United States and European analysis
The Journal of World Intellectual Property, Volume 24, Issue 5-6, Page 344-367, November 2021., 2021 Abstract The star of the movie “Rebel without a Cause,” James Dean, died in 1955. Yet the latest film he will officially be credited in, dates back to no sooner than 2020. Indeed, the movie “Finding Jack” will incorporate a hologram of James Dean, resurrected from the dead to play a character in this brand new performance under his name.
Alix C. Heugas
wiley +1 more source
Habeas as Forum Allocation: A New Synthesis [PDF]
, 2016 The scope of habeas relief for state prisoners, especially during the decades before the Supreme Court’s 1953 decision in Brown v. Allen, is a famously disputed question – one of recognized significance for contemporary debates about the proper scope of ...
Vázquez, Carlos Manuel
core +3 more sources
The Outstanding Decisions of the United States Supreme Court in 1954 [PDF]
, 1955 We perform a kinematic and morphological analysis of 44 star-forming galaxies at z ̃ 2 in the COSMOS legacy field using near-infrared spectroscopy from Keck/MOSFIRE and F160W imaging from CANDELS/3D-HST as part of the ZFIRE survey. Our sample consists of
Alcorn, LY +13 more
core +5 more sources