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Equality Before the Law and the Social Contract: When Will the United States Finally Guarantee Its People the Equality Before the Law that the Social Contract Demands? [PDF]
, 2010 Most European and several countries elsewhere in the world have recognized a right to counsel in many or most civil cases for as long as decades or even centuries - and many of these countries are willing to spend, proportionately, anywhere from three to
Johnson, Jr., Earl
core +1 more source
Criminology &Public Policy, EarlyView.Abstract Research Summary This qualitative study examines how frontline police officers in British Columbia experienced and adapted to Canada's first formal drug decriminalization policy 1 year after implementation. Drawing on 30 semi‐structured interviews and using thematic analysis with a policy alienation and street‐level bureaucracy lens, we ...
Sarah Ferencz +2 more
wiley +1 more source
German Law JournalMany constitutional courts use balancing in constitutional right adjudication. However, critics argue that balancing is an (self-)empowerment of the courts and a tool of judicial activism.
Kilian Lüders
doaj +1 more source
\u3ci\u3eEldred\u3c/i\u3e and \u3ci\u3eLochner\u3c/i\u3e: Copyright Term Extension and Intellectual Property as Constitutional Property [PDF]
, 2003 Since the ratification of the constitution, intellectual property law in the United States has always been, in part, constitutional law. Among the enumerated powers that Article I of the Constitution vests in Congress is the power to create certain ...
Schwartz, Paul M. +1 more
core +1 more source
Understanding variation in juvenile life without parole legislation following Miller
Criminology &Public Policy, EarlyView.Abstract Research Summary Miller v. Alabama and Montgomery v. Louisiana restricted states’ ability to impose life without parole for youth under age 18 (henceforth JLWOP). Since Miller, 46 pieces of legislation across 34 states and the District of Columbia have altered JLWOP sentencing policies.
Leah Ouellet +8 more
wiley +1 more source
Constitutional judicial dialogue: international standards and judicial practice
Конституційно-правові академічні студіїDialogue between courts is a mechanism for improving modern constitutional jurisdiction. The growth of information in this century has led to complex conflicts, making it difficult to provide a constitutional response solely based on the internal ...
Andriy Vatamaniuk
doaj +1 more source
Constitutional Remedies & Public Interest Balancing [PDF]
, 2013 The conventional account of our remedial tradition recognizes that courts may engage in discretionary public interest balancing to withhold the specific remedies typically administered in equity.
Greabe, John M.
core +2 more sources
Sanctions, National Security, and Free Speech
Global Policy, EarlyView.ABSTRACT A fundamental, but largely overlooked, aspect of the New Washington Consensus is the use of national security arguments to restrict speech and punish disfavored speakers. Although the United States has a longer history of using sanctions to restrict speech in the terrorism context, it has recently applied sanctions to restrict political speech,
Joshua Andresen
wiley +1 more source