For a period after Justice Scalia's death, when it appeared as though President Obama would be able to name Scalia's successor and that a Democratic president would fill future vacancies, various commentators wondered whether Scalia's chief jurisprudential legacy--originalism in constitutional adjudication and textualism in statutory adjudication--would have staying power. Eric Posner predicted that originalism would fade. Last week's Senate confirmation of Justice Gorsuch, who was happy to embrace the originalist and textualist labels, ensures that there will continue to be a market for briefs that make arguments appealing to originalist justices; this real-world relevance will in turn likely give a boost to originalist scholarship.
Basic considerations relating to administrative Nondelegation essay cases, including nondelegation doctrine, fact versus law distinction, agency rulemaking, adjudication, due process requirements, information gathering and judicial review.
In every country in which maritime law exists, it is treated as a separate and distinct area of the law.
In general terms, maritime law concerns events and transactions that occur on navigable waters, whether oceans, gulf, or inland waterways. Although initially concerned with maritime commerce, the body of law has expanded to address contemporary issues such as those involving the environment and the wide-spread use of recreational vessels.
This course principally surveys the principles of admiralty and maritime law of the United States, and secondarily those of other nations, including such issues as constitutionality, admiralty and maritime jurisdiction, other federal or comparative jurisdiction of shipping matters, criminal law at sea, traditional and current maritime issues, including contracts, insurance, carriage of goods, piracy, environmental developments, federal-state maritime issues, and maritime tortsgovernment policies and regulation of shipping, and international and comparative maritime law issues.
It may include topics of current interest or not covered by other curricular offerings. The course may be repeated if there is no duplication of subject matter.
We will address the racial and legal history of major racial groups in the U. In addition to these histories, the course includes the following topics: Several religion-based legal systems may be introduced including, for example, Christianity, Islam, Judaism, and Hinduism.
The seminar presupposes that there are political, cultural and legal implications that result from sex and gender. Topics include defamation, privacy, tortious litigation, interference with family relationships, interference with economic interests, trade secrets and misrepresentation. Students will learn these techniques through a mixture of lecture, class discussion, and practical exercises.
Students will also have the opportunity to perform as a prosecuting or defense attorney in a criminal mock trial. It looks at problems relating to execution of judgments, fraudulent conveyances, compositions, assignments for the benefit of creditors, receivership, and problems arising under the Federal Bankruptcy Act.
Time is spent on the regulation of information, conduct, prices, and enforcement mechanisms. The course also addresses the ethical issues in contract drafting. Instruction includes drafting exercises and simulations.
PRE-TRIAL This course covers commencement of formal criminal proceedings; bail, the decision to prosecute, the grand jury, the preliminary hearing, venue, joinder and severance, and speedy trail. Trial concerns such as guilty pleas, discovery, jury trial, prejudicial publicity, professional ethics, and double jeopardy are also considered.
It focuses on death penalty laws, 6th and 8th Amendment issues, the state of the death penalty under recent decisions of the United States Supreme Court, and the ethical duties of defenders and prosecutors in death penalty cases. This course will explore domestic violence issues in various areas of the law.
Students will produce a domestic violence manual for a particular community, conduct a presentation on domestic violence before a group or organization, and write a paper on a selected domestic violence topic. The course will provide students with the opportunity to prepare memoranda, motions, and protection orders.
Students will observe domestic violence hearings. Relevant Florida Statutes will be used in the course. Public and private issues examined include: Coverage includes selected aspects of the quickly developing body of e-discovery case law, federal and state e-discovery rules, and the technology issues impacting electronic discovery.
This seminar will provide the student with a detailed grounding in the law and application of electronic discovery principles to civil and criminal litigation. Topics include free speech, defamation, invasion of privacy, publicity rights, copyright, contractual relations in the entertainment industry, and performer organizations.
The course also explores practical aspects of entertainment law, such as client counseling and litigation strategy, and theoretical questions raised by the interplay of federal law, state law, and the rules of private organizations.
Relying on concepts drawn from risk management, economics, ecology, and political theory, this course addresses both common law and statutory responses to conventional and toxic pollution and other adverse impacts on the physical environment, as well as conservation issues of species and habitat and resource management more generally.
The course also considers administrative structures that govern much of the field and how federalism affects the law and the environment in the United States. The issues of climate change and control of global warming are woven into several phases of the coverage.
The sampling is surprisingly broad, including matters that touch on all media air, water, land and all aspects of practice ethical representation, client counseling, client defense, investigation, governmental enforcement and charging decisions, penalty calculation, and many more.
The redistribution of wealth through taxation is also studied. Taxation of income of trusts and estate also includes annuities, property distributions, and income in respect of decedent.
This course primarily involves a study of the unified system of federal gift and estate transfer taxes imposed by Chapters 11 and 12 of the Internal Revenue Code.
With respect to the gift tax, the student will explore the transfers that are subject to tax as well as the annual exclusion and gifts to minors. Topics covered in this course include disability planning for property and health care needs, planning for the physical aspects of death, the use of non-probate techniques, the preparation and execution of wills, trusts, and other documents, and the fundamentals of federal gift and estate taxation.
Estates and Trusts; Federal Income Tax. Topics include adoption, alimony, annulment, child custody, divorce, emancipation of minors, intra-family torts, legitimacy, marriage, paternity, pre-marital agreements, property division, tax implications of divorce, and procedure and jurisdiction in various types of causes of action in domestic relations.
Attention is given to common law, state lawand recent constitutional doctrine. The emphasis will be on the proper way to read and interpret the tax code.In the Federal Government of the United States, the nondelegation doctrine is the principle that the Congress of the United States, being vested with "all legislative powers" by Article One, Section 1 of the United States Constitution, In the Panama Refining case.
This Essay develops an approach to interpreting computer trespass laws, such as the Computer Fraud and Abuse Act, that ban unauthor- CFAA as a Problem of Private Nondelegation, Harv. L. Rev. , –52 () (not- Consider the facts of seven recent federal cases involving the federal unauthorized access law, the Computer Fraud.
Ballotpedia: The Encyclopedia of American Politics. The Administrative State Project. Administrative State Project Index; The Checks and Balances Letter. on earlier drafts of this Essay. The author would also like to thank Michael Abramowicz, David Fontana, Michelle Girvan, Malcolm Stewart, and participants in a workshop held at the George.
Last year, the group issued a sharply critical report on Gorsuch—who, upon joining the bench, promptly ruled against the ACLU in a series of high-profile cases. View a sample of this title using the ReadNow feature.
To purchase a printed version of this title, please visit pfmlures.com. The Q&A iPhone, IPad and Android devices for Q&A: Constitutional Law is available for $ Understand better what you’re learning in Constitutional Law class and prepare effectively for exams by applying concepts as you learn them.