Now showing items 1-10 of 14
Knowing "Consent" Means "Knowing Consent": The Underappreciated Wisdom of Justice Marshall's Schneckloth v. Bustamonte Dissent
(Mississippi Law Journal, 2009)
This Article argues that the majority opinion in the Supreme Court’s decision in Schneckloth v. Bustamonte, 412 U.S. 218 (1973), has led to a burgeoning jurisprudence of placing a premium on citizens’ ignorance of their ...
Tech student files lawsuit against administrators
(The University Daily, 2003-06-17)
Biodefense: Who’s in Charge?
This article discusses America’s approach to bioterrorism. Professor Sutton posits that the government’s response to the anthrax attacks of 2001 demonstrate organizational problems in America’s response to biological ...
Abandoning Standing: Trading a Rule of Access for a Rule of Deference
(Administrative Law Review, 2008)
The Supreme Court's long struggle over the nature of constitutional standing has taken on new urgency with the addition of Chief Justice Roberts and Justice Alito to the Court. Four justices are now strongly committed to ...
The Use, Nonuse, and Misuse of Low Value Speech
In this article, Professor Arnold H. Loewy discusses the historical advent of “low value” as a category of speech, separate and apart from fully-protected “high value” speech and unprotected “no value” speech. He looks at ...
Religious Neutrality and the Death Penalty
In this article, Professor Arnold H. Loewy discusses the application of religious neutrality to religion-based peremptory challenges in death penalty cases. He discusses the historical treatment of religion as an allowable ...
Legal Impediments to Surveillance for Biological Threats and Countering Terrorism
The law observes jurisdictional boundaries as well as national and state boundaries, unlike biological agents. The threat of biological agents cannot be successfully controlled through surveillance technologies without ...
Biodefense: A Legal Framework Rework - When Peacetime is the Only Time
Bioterrorism is a threat of catastrophic proportions. In this article, Professor Sutton posits that the anthrax attacks of 2001 demonstrated that America was sadly unprepared for the unique threats presented by bioterrorism. ...
Due Process and Targeted Killing of Terrorists
(Cardozo Law Review, 2009)
Targeted killing is extra-judicial, premeditated killing by a state of a specifically identified person not in its custody. States have used this tool, secretly or not, throughout history. In recent years, targeted killing ...
The Brand X Constitution
(Brigham Young University Law Review, 2007)
Scholars from across the political spectrum have in recent years attacked the Supreme Court's claim to supreme power to interpret the Constitution. This Article adds to this movement of "popular constitutionalism" by ...