Click to see the beacon journal online
Homes   Jobs   Cars   Shopping
Akron Law Café -- Community Blog

From the category archives:

Constitutional Law

2009-2010 Term: Skilling v. United States (Part 1) The Facts

March 3, 2010

     Jeff Skilling, former Enron CEO, has challenged his conviction for fraud and taken his appeal to the Supreme Court of the United States, raising two constitutional issues.  He contends that one of the laws under which he was convicted is unconstitutionally vague, and that his trial should have been moved out of Houston because [...]

Read the full article →

Margolis' Reasoning in the Torture Memos Case – Part 2

February 24, 2010

     In yesterday's post I described the legal reasoning that Jay Bybee and John Yoo used to justify subjecting prisoners under American control to slow drowning, the cold cell, shackling in a standing position for days at time, and confinement in a small box.  Today I describe why David Margolis, Deputy Assistant Attorney General, does [...]

Read the full article →

Justice Department Concludes that John Yoo and Jay Bybee Exercised "Poor Judgment" But Not "Professional Misconduct" in Issuance of the "Torture Memos" (Part 1)

February 23, 2010

    The Justice Department's investigation into the role of Justice Department lawyers John Yoo and Jay Bybee in the approval of conduct that many people regard as torture has come to a close.  The Office of Professional Responsibility recommended that Yoo and Bybee be referred to disciplinary committees for their role in this matter, on [...]

Read the full article →

Judge in Gay Marriage Case Outed

February 10, 2010

in the San Francisco Chronicle. Well, not exactly outed, since according to the article the judge, Vaughn Walker, has made no secret of his sexual orientation. In the very high-profile case in federal court in California challenging the constitutionality of Proposition 8, the gay marriage prohibition passed by California voters in 2008, Judge Walker has [...]

Read the full article →

Citizens United v. F.E.C. (Part 4): Kennedy's and O'Connor's Basic Approaches to Constitutional Decisionmaking – Top Down and Bottom Up

February 10, 2010

     Justice Anthony Kennedy followed Justice Sandra Day O'Connor as the "swing justice" on the Supreme Court.  Both justices are brilliant and devoted to the Constitution – but their approaches to constitutional decisionmaking could not be more different.

Read the full article →

Citizens United v. F.E.C. (Part 3): Justice Kennedy's Dissents in Previous Cases

February 9, 2010

     Justice Anthony Kennedy's views have not changed on the constitutionality of campaign finance laws.  Over the years he consistently dissented from decisions upholding these laws. 

Read the full article →

Citizens United v. F.E.C. (Part 2): The History of the Constitutionality of Campaign Finance Laws

February 8, 2010

     Until its recent decision in Citizens United v. F.E.C. (2010), the Supreme Court has consistently upheld laws restricting the flow of money to candidates in political campaigns. 

Read the full article →

More Corporate Rights, Less Corporate Responsibility

January 30, 2010

More here.

Read the full article →

Is the state really just facilitating private ordering when it grants corporate status?

January 23, 2010

I think not.

Read the full article →

It's all politics now.

January 22, 2010

The fundamental premise of the Court's decision in Citizens United v. FEC is that a corporation should have the same First Amendment rights to engage in political speech as any citizen, because a corporation is simply an "association of citizens" in the "corporate form." I think this is going to lead to the politicization of [...]

Read the full article →

2009-2010 Supreme Court Term: (6) Citizens United v. F.E.C.

January 21, 2010

    The Supreme Court today handed down its decision in Citizens United v. Federal Election Commission.  In this case the Supreme Court overrules longstanding precedent and gives corporations the right to spend unlimited amounts of money on campaign advertisements.  Here is a link to the decision on the Cornell website.  The Supreme Court site seems to be [...]

Read the full article →

2009-2010 Supreme Court Term: (5) United States v. Stevens (Part 1) – A Facial First Amendment Attack on a Federal Statute

January 19, 2010

     This term in the case of United States v. Stevens the Supreme Court will decide whether or not Congress has the power to enact a law prohibiting the production and sale of commercial videos depicting cruelty to animals.  The case presents a number of difficult problems under the First Amendment.  One of the issues [...]

Read the full article →
 

© The Akron Beacon Journal • 44 E. Exchange Street, Akron, Ohio 44308

Powered by WordPress
Entries (RSS) and Comments (RSS).