As a Canadian, I find somewhat problematic the view that unrestricted speech should be protected in the name of everyone’s right to speak, regardless of content, on the theory that the answer to bad speech is good speech.
Lenity was doomed from the start. The rule of lenity purports to serve two important constitutional objectives. First, it serves to preserve the separation of governmental powers. Second, lenity serves the constitutional right of fair warning found in due process. But while the United States Supreme Court purports to uphold both Constitution-based rationales, it routinely favors one over the other.
What is citizenship? This is a simple question with a complex answer. Citizenship means voting and serving on juries, except when it did not and except when it does not; it did not for quite some time. Today, citizenship does mean voting, except for felons and except in states that exclude those with intellectual and other cognitive disabilities.
Obergefell’s rhetoric of marital supremacy should have little direct impact on the legal rights of nonmarital couples. It does not create a sword to strike down marital status discrimination, but neither does it herald the retreat of constitutional protections for nonmarital families.
The United States’ Foreign Agent Registration Act (FARA), has recently come into the spotlight due to its use in the ongoing Russian election interference investigation. But the United States’ foreign agent restriction is only one of many.
America is worried about Chinese spying. Recent months have brought a steady stream of arrests and accusations related to the theft of United States secrets for Chinese government or businesses related to China.
The false alarm of a Hawaiian nuclear attack in January 2018 is an example of the lack of U.S. preparedness for attacks using nuclear and other weapons of mass destruction. To address such threats, this Article proposes the establishment of a nationwide integrated defense of health countermeasures initiative (DHCI).
The prevalent approach suggests that constitutions are silent about secession and may even implicitly allow it. But an examination of world constitutions reveals that the overwhelming majority of countries vigorously protect territorial integrity.
Under the finding of discriminatory intent in Floyd v. City of New York, contemporary gang policing violates equal protection. In jurisdictions where gang policing is codified by statute, even in part, it also violates the vagueness doctrine (as that doctrine exists today).
Minimum wage laws were enacted to increase worker bargaining power and equalize the playing field between employee and employer. Many actors are legally entitled to these protections, yet they sacrifice their rights because they believe the sacrifice is necessary in order to perform.