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The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. 2020 University of Tsukuba 81818app手机版下载

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba81818app手机版下载 district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing ...


Gerrymandering & Justiciability: The Political Question Doctrine After Rucho V. Common Cause, G. Michael Parsons 2020 New York University School of Law 81818app手机版下载

Gerrymandering & Justiciability: The Political Question Doctrine After Rucho V. Common Cause, G. Michael Parsons

Indiana Law Journal

81818app手机版下载This Article deconstructs Rucho’s articulation and application of the political question doctrine and makes two contributions. First, the Article disentangles the political question doctrine from neighboring justiciability doctrines. The result is a set of substantive principles that should guide federal courts as they exercise a range of routine judicial functions—remedial, adjudicative, and interpretive. Rather than unrealistically attempting to draw crisp jurisdictional boundaries between exercises of “political” and “judicial” power, the political question doctrine should seek to moderate their inevitable (and frequent) clash. Standing doctrine should continue to guide courts in determining whether they have authority over a case ...


Rethinking The Federal Courts: Why Now Is Time For Congress To Revisit The Number Of Judges That Sit On Federal Appellate Panels, Mitchell W. Bild 2020 Chicago-Kent College of Law 81818app手机版下载

Rethinking The Federal Courts: Why Now Is Time For Congress To Revisit The Number Of Judges That Sit On Federal Appellate Panels, Mitchell W. Bild

Chicago-Kent Law Review

No abstract provided.


Access To Literacy Under The United States Constitution, Christine M. Naassana 2020 Buffalo Law Review

Access To Literacy Under The United States Constitution, Christine M. Naassana

Buffalo Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

81818app手机版下载Table of Contents


Visions Of The Republic Symposium: The People: A Pre-Primer For Critically Reevaluating Representation & Court Power In The Present, Marvin L. Astrada 2020 New York University Washington D.C.

Visions Of The Republic Symposium: The People: A Pre-Primer For Critically Reevaluating Representation & Court Power In The Present, Marvin L. Astrada

Fordham Law Review Online

What exactly is an American? Who or what are the People? Is there an authentic, viable American political identity or community? Or do the deep ruptures and balkanization that seem to pervade law and politics— ranging from pandemics, national security, impeachment, and the environment, to issues of an everyday, local nature—indicate a crisis of legitimacy, cohesion, and national community?


Novel Perspectives On Due Process Symposium: Do Foreign Nations Have Constitutional Rights?, Robert J. Pushaw Jr. 2020 Pepperdine University School of Law 81818app手机版下载

Novel Perspectives On Due Process Symposium: Do Foreign Nations Have Constitutional Rights?, Robert J. Pushaw Jr.

Fordham Law Review Online

81818app手机版下载Clarity would be promoted by treating Article III—which primarily concerns subject matter jurisdiction over three categories of “Cases” and six types of “Controversies”— separately from Due Process issues such as personal jurisdiction. Moreover, Article III’s text and history indicate that its drafters included “Controversies . . . between a State, or the Citizens thereof, and foreign States, Citizens or Subjects” to ensure that such disputes would be resolved impartially by federal judges who, unlike their state counterparts, enjoyed tenure and salary guarantees that insulated them from political pressure.


Novel Perspectives On Due Process Symposium: The Rights Of Foreign States In The Unites States Legal System, John Harrison 2020 University of Virginia

Novel Perspectives On Due Process Symposium: The Rights Of Foreign States In The Unites States Legal System, John Harrison

Fordham Law Review Online

Professor Wuerth’s article is a significant piece of scholarship. This brief comment is devoted, not to the article’s many strengths, but to its principal doctrinal conclusion, with which I disagree. In my view, the Due Process Clause of the Fifth Amendment allows Congress to provide any rules it chooses regarding service of process on and personal jurisdiction over foreign sovereigns. That is true, at least, insofar as the judgments of U.S. courts are to be enforced against foreign sovereign assets located in the United States. The rules about personal jurisdiction over foreign sovereigns in the Foreign Sovereign ...


Novel Perspectives On Due Process Symposium: Doctrinal Redundancy And The Two Paradoxes Of Personal Jurisdiction, Robin J. Effron 2020 Brooklyn Law School 81818app手机版下载

Novel Perspectives On Due Process Symposium: Doctrinal Redundancy And The Two Paradoxes Of Personal Jurisdiction, Robin J. Effron

Fordham Law Review Online

At several junctures, scholars have wondered what constitutional personal jurisdiction doctrine can and should add to procedural doctrines that regulate access to courts and parties’ amenability to suit in U.S. jurisdictions, and procedural doctrines that sort lawsuits into geographically suitable or appropriate locations. Professor Wuerth’s Article invites us to refocus on the question of what doctrines can and should regulate the amenability of foreign sovereigns (as well as the agencies and instrumentalities of foreign sovereigns) to suit in American courts.


Novel Perspectives On Due Process Symposium: A Commentary On Ingrid Wuerth's The Due Process And Other Constitutional Rights Of Foreign Nations, David P. Stewart 2020 Georgetown University Law Center 81818app手机版下载

Novel Perspectives On Due Process Symposium: A Commentary On Ingrid Wuerth's The Due Process And Other Constitutional Rights Of Foreign Nations, David P. Stewart

Fordham Law Review Online

Are foreign States and governments (and their state-owned enterprises) “persons” for constitutional purposes? Do they—should they—have “due process” rights under the U.S. Constitution? Ingrid Wuerth’s thoughtful and thoroughly researched article addresses those important questions from both the historical and doctrinal perspectives and proposes an innovative approach to resolving the issues. The following commentary provides additional background and context, briefly tracing the origins and history of relevant U.S. case law and noting some of the practical implications of answering the questions affirmatively or negatively, particularly in light of the various exceptions to U.S. jurisdiction under ...


Novel Perspectives On Due Process Symposium: Foreign Nations, Constitutional Rights, And International Law, Austen Parrish 2020 Indiana University Bloomington, Maurer School of Law 81818app手机版下载

Novel Perspectives On Due Process Symposium: Foreign Nations, Constitutional Rights, And International Law, Austen Parrish

Fordham Law Review Online

Some of the more pressing issues related to global governance and world order lie at the intersection of foreign relations law, international law, and constitutional law. What role does the Constitution play in ensuring the United States lives up to the nation’s international law obligations in an evolving period of globalization? More provocatively, to what degree will the United States uphold its international legal obligations if not mandated by the Constitution? And what role do domestic courts play in enforcing these international law obligations? In this regard, the U.S. Supreme Court has not directly addressed the question of ...


Novel Perspectives On Due Process Symposium: Rights, Immunities, And Sovereigns, Katherine Florey 2020 University of California, Davis, School of Law 81818app手机版下载

Novel Perspectives On Due Process Symposium: Rights, Immunities, And Sovereigns, Katherine Florey

Fordham Law Review Online

This response first looks at the historical understanding of foreign sovereign immunity and the ways in which it should inform our reading of Article III. It then considers the role that sovereign immunity protections for foreign nations currently play. It closes with a suggestion that—while the sovereign immunity regime is largely adequate to protect other nations’ interests—Professor Wuerth’s insights nonetheless have a role to play in our understanding of cases involving foreign sovereigns.


Novel Perspectives On Due Process Symposium: Questioning The Constitutional Rights Of Foreign Nations, Donald Earl Childress III 2020 Pepperdine University School of Law 81818app手机版下载

Novel Perspectives On Due Process Symposium: Questioning The Constitutional Rights Of Foreign Nations, Donald Earl Childress Iii

Fordham Law Review Online

81818app手机版下载This response evaluates whether Professor Wuerth’s reading of the Constitution is correct. In so doing, this response considers the original understanding of these provisions, the law of nations as understood during the founding era, and Supreme Court case law close to the time of the founding. As explained below, I conclude that it is questionable that the Constitution extends rights to foreign nations.


Novel Perspectives On Due Process Symposium: Constructing The Original Scope Of Constitutional Rights, Nathan S. Chapman 2020 University of Georgia School of Law 81818app手机版下载

Novel Perspectives On Due Process Symposium: Constructing The Original Scope Of Constitutional Rights, Nathan S. Chapman

Fordham Law Review Online

This response argues that Wuerth’s paper illustrates the most persuasive way to go about the task—one question at a time, with an emphasis on conventional legal materials and forms of argumentation. Some questions will call for especially imaginative constructions. This does not render them irrelevant, but it does caution some modesty about the extent to which they ought to trump competing constructions arising from practice and precedent. Despite her reluctance, then, Wuerth’s methods are entirely consistent with a confident originalism.


Novel Perspectives On Due Process Symposium: Punishment Without Process: “Victim Impact” Proceedings For Dead Defendants, Bruce A. Green, Rebecca Roiphe 2020 Fordham University School of Law

Novel Perspectives On Due Process Symposium: Punishment Without Process: “Victim Impact” Proceedings For Dead Defendants, Bruce A. Green, Rebecca Roiphe

Fordham Law Review Online

When women accuse powerful men of sexual assault, there is increasing public pressure to resolve any doubts in the accusers’ favor before the criminal process is over, if not from the outset. Private individuals and institutions often do so without worrying about due process, but it is different for the trial court, where the presumption of innocence is supposed to apply. This is especially true where public shaming and the accompanying reputational consequences already constitute a kind of punishment. Although they may be sympathetic to accusers, especially those whose cause is championed by a strong and popular social movement, courts ...


Novel Perspectives On Due Process Symposium: Uncoupling Habeas Corpus And Due Process, Jonathan G. D’Errico 2020 Fordham University School of Law 81818app手机版下载

Novel Perspectives On Due Process Symposium: Uncoupling Habeas Corpus And Due Process, Jonathan G. D’Errico

Fordham Law Review Online

This exploration concludes by finding that select elements of the Due Process Clause persist even during suspension and thus restrict otherwise forbidden Executive action. Part I overviews the scope of the Great Writ and the effect of its suspension. Part II details two conflicting views of the writ’s relationship with the constitutional demands of due process. Finally, Part III asserts that suspension quiets some facets of the Due Process Clause but does not entirely extinguish the right to procedural due process.


A Note On The Fordham Law Review Online Fall Issue, Novel Perspectives On Due Process, Nora Stewart 2020 Fordham University School of Law

A Note On The Fordham Law Review Online Fall Issue, Novel Perspectives On Due Process, Nora Stewart

Fordham Law Review Online

2019 has seen extensive discussion of due process in the American public sphere. There is a cultural sense of eroding norms, of institutions and procedural protections under threat. In response to the central role of due process in the cultural discourse and to the publication of Ingrid Wuerth’s Article, The Due Process and Other Constitutional Rights of Foreign Nations, in the November Issue of our print edition, Fordham Law Review Online presents a Fall Issue comprised both of response pieces to Professor Wuerth’s Article and of Essays engaging other thorny questions about due process.


Covid-19 And Domestic Travel Restrictions, Katherine Florey 2020 Martin Luther King, Jr. Professor of Law, University of California, Davis, School of Law

Covid-19 And Domestic Travel Restrictions, Katherine Florey

Notre Dame Law Review Reflection

The strict controls that many jurisdictions, including most U.S. states, established to contain the COVID-19 pandemic have proven difficult to sustain over time, and most places are moving to lift them. Internationally, many plans to ease lockdowns have retained some form of travel restrictions, including the “green zone” plans adopted by France and Spain, which limit travel between regions with widespread community transmission of COVID-19 and those without it. By contrast, most U.S. states lifting shelter-in-place orders have opted to remove limits on movement as well. This Essay argues that this situation is unwise: it tends to create ...


Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips 2020 Gary Kessler Associates / Embry-Riddle Aeronautical University - Daytona Beach

Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips

Journal of Digital Forensics, Security and Law

81818app手机版下载Military-grade cryptography has been widely available at no cost for personal and commercial use since the early 1990s. Since the introduction of Pretty Good Privacy (PGP), more and more people encrypt files and devices, and we are now at the point where our smartphones are encrypted by default. While this ostensibly provides users with a high degree of privacy, compelling a user to provide a password has been interpreted by some courts as a violation of our Fifth Amendment protections, becoming an often insurmountable hurdle to law enforcement lawfully executing a search warrant. This paper will explore some of the ...


Invasion Of The Content-Neutrality Rule, William D. Araiza 2020 Brigham Young University Law School

Invasion Of The Content-Neutrality Rule, William D. Araiza

BYU Law Review

81818app手机版下载No abstract provided.