The Lost Due Process Doctrines
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VAGUENESS PRINCIPLES Carissa Byrne Hessick*
VAGUENESS PRINCIPLES Carissa Byrne Hessick ABSTRACT Courts have construed the right to due process to prohibit vague criminal statutes. Vague statutes fail to give sufficient notice, lead to arbitrary and discriminatory enforcement, and represent an unwarranted delegation to law enforcement. But these concerns are hardly limited to prosecutions under vague statutes. The modern expansion of criminal codes and broad deference to prosecutorial discretion imperil the same principles that the vagueness doctrine was designed to protect. As this Essay explains, there is no reason to limit the protection of these principles to vague statutes. Courts should instead revisit current doctrines which regularly permit insufficient notice, arbitrary and discriminatory enforcement, and unwarranted delegations in the enforcement of non-vague criminal laws. I. INTRODUCTION Last term, in Johnson v. United States, the Supreme Court held that a portion of the Armed Career Criminal Act was unconstitutionally vague.1 This is the second time in five years that the Court has used the vagueness doctrine to strike down or significantly limit a criminal statute.2 The void-for- vagueness doctrine is hardly a new invention. Since 1914,3 the Court has Anne Shea Ransdell and William Garland "Buck" Ransdell, Jr. Distinguished Professor of Law, University of North Carolina School of Law. J.D., Yale Law School; B.A., Columbia University. I would like to thank Shima Baradaran Baughman, Rick Bierschbach, Jack Chin, Beth Colgan, Paul Crane, Dan Epps, Andy Hessick, Ben Levin, Richard Meyers, Ion Meyn, Eric Miller, Larry Rosenthal, Meghan Ryan, John Stinneford, and Mark Weidemaier for their helpful comments on this project. -
Great Legal Traditions 00 Head GLT Final 3/31/11 11:29 AM Page Ii 00 Head GLT Final 3/31/11 11:29 AM Page Iii
00 head GLT final 3/31/11 11:29 AM Page i Great Legal Traditions 00 head GLT final 3/31/11 11:29 AM Page ii 00 head GLT final 3/31/11 11:29 AM Page iii Great Legal Traditions Civil Law, Common Law, and Chinese Law in Historical and Operational Perspective John W. Head Robert W. Wagstaff Distinguished Professor of Law University of Kansas Carolina Academic Press Durham, North Carolina 00 head GLT final 4/11/11 2:59 PM Page iv Copyright © 2011 John W. Head All Rights Reserved Library of Congress Cataloging-in-Publication Data Head, John W. (John Warren), 1953- Great legal traditions : civil law, common law, and Chinese law in historical and oper- ational perspective / John W. Head. p. cm. Includes bibliographical references and index. ISBN 978-1-59460-957-2 (alk. paper) 1. Comparative law. 2. Civil law. 3. Common law. 4. Law--China I. Title. K583.H43 2011 340'.2--dc22 2010053972 Front Cover— The three images on the left represent the rich historical background of the three great legal traditions discussed in this book: Confucius contributed to the found- ing of the Chinese legal tradition with his use of the Zhou lĭ to prescribe a form of social governance that would contribute to cosmic harmony; Constantine, in addition to facil- itating the Christianization of the Roman Empire, also founded the eastern capital of the Empire — Constantinople — from which Justinian would issue his great Corpus Juris Civilis in the sixth century; Blackstone, with his Commentaries on the Laws of England, helped preserve the vitality of the common law by making it accessible to practitioners both in England and the United States. -
Federal Courts, Overbreadth, and Vagueness: Guiding Principles for Constitution Challenges to Uninterpreted State Statutes
The Catholic University of America, Columbus School of Law CUA Law Scholarship Repository Scholarly Articles and Other Contributions Faculty Scholarship 2002 Federal Courts, Overbreadth, and Vagueness: Guiding Principles for Constitution Challenges to Uninterpreted State Statutes Mark L. Rienzi The Catholic University of America, Columbus School of Law Stuart Buck Follow this and additional works at: https://scholarship.law.edu/scholar Part of the Constitutional Law Commons, and the Courts Commons Recommended Citation Mark L. Rienzi & Stuart Buck, Federal Courts, Overbreadth, and Vagueness: Guiding Principles for Constitution Challenges to Uninterpreted State Statutes, 2002 Utah L. Rev. 381. This Article is brought to you for free and open access by the Faculty Scholarship at CUA Law Scholarship Repository. It has been accepted for inclusion in Scholarly Articles and Other Contributions by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact [email protected]. Federal Courts, Overbreadth, and Vagueness: Guiding Principles for Constitutional Challenges to Uninterpreted State Statutes Stuart Buck* and Mark L. Rienzi** I. INTRODUCTION When a state statute is challenged in federal court as unconstitutionally overbroad or vague, the federal court is caught between two fundamental principles of constitutional law. On the one hand, federal courts have been instructed numerous times that they should invalidate a state statute only when there is no other choice. The Supreme Court has noted that it is a "cardinal principle" of statutory interpretation that a federal court must accept any plausible interpretation such that a state statute need not be invalidated. Moreover, the doctrines of abstention, certification, and severance all exist in order to show deference to a state's power to interpret its own laws and to allow as much of a state law to survive as possible. -
University of Oklahoma Libraries Western History Collections Ralph
University of Oklahoma Libraries Western History Collections Ralph H. Records Collection Records, Ralph Hayden. Papers, 1871–1968. 2 feet. Professor. Magazine and journal articles (1946–1968) regarding historiography, along with a typewritten manuscript (1871–1899) by L. S. Records, entitled “The Recollections of a Cowboy of the Seventies and Eighties,” regarding the lives of cowboys and ranchers in frontier-era Kansas and in the Cherokee Strip of Oklahoma Territory, including a detailed account of Records’s participation in the land run of 1893. ___________________ Box 1 Folder 1: Beyond The American Revolutionary War, articles and excerpts from the following: Wilbur C. Abbott, Charles Francis Adams, Randolph Greenfields Adams, Charles M. Andrews, T. Jefferson Coolidge, Jr., Thomas Anburey, Clarence Walroth Alvord, C.E. Ayres, Robert E. Brown, Fred C. Bruhns, Charles A. Beard and Mary R. Beard, Benjamin Franklin, Carl Lotus Belcher, Henry Belcher, Adolph B. Benson, S.L. Blake, Charles Knowles Bolton, Catherine Drinker Bowen, Julian P. Boyd, Carl and Jessica Bridenbaugh, Sanborn C. Brown, William Hand Browne, Jane Bryce, Edmund C. Burnett, Alice M. Baldwin, Viola F. Barnes, Jacques Barzun, Carl Lotus Becker, Ruth Benedict, Charles Borgeaud, Crane Brinton, Roger Butterfield, Edwin L. Bynner, Carl Bridenbaugh Folder 2: Douglas Campbell, A.F. Pollard, G.G. Coulton, Clarence Edwin Carter, Harry J. Armen and Rexford G. Tugwell, Edward S. Corwin, R. Coupland, Earl of Cromer, Harr Alonzo Cushing, Marquis De Shastelluz, Zechariah Chafee, Jr. Mellen Chamberlain, Dora Mae Clark, Felix S. Cohen, Verner W. Crane, Thomas Carlyle, Thomas Cromwell, Arthur yon Cross, Nellis M. Crouso, Russell Davenport Wallace Evan Daview, Katherine B. -
2 Intelligent Network Development and Research Methods 15 2.1 Introduction
Open Research Online The Open University’s repository of research publications and other research outputs The influence of standardisation and regulation on the development of intelligent networks Thesis How to cite: Shepherd, John William (2004). The influence of standardisation and regulation on the development of intelligent networks. PhD thesis The Open University. For guidance on citations see FAQs. c 2004 John William Shepherd Version: Version of Record Link(s) to article on publisher’s website: http://dx.doi.org/doi:10.21954/ou.ro.0000f9e4 Copyright and Moral Rights for the articles on this site are retained by the individual authors and/or other copyright owners. For more information on Open Research Online’s data policy on reuse of materials please consult the policies page. oro.open.ac.uk L/fJg_i5 srTTtJw::T-Z:rt:> THE INFLUENCE OF STANDARDISATION AND REGULATION ON THE DEVELOPMENT OF INTELLIGENT NETWORKS John William Shepherd MBABA(Hons) Submitted for the degree of Doctor of Philosophy Department of Telematics Faculty of Technology Open University 30**^ September 2003 ProQuest Number: C819050 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest C819050 Published by ProQuest LLO (2019). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLO. -
Court Order Enjoining Local DBE Program
Case 1:07-cv-00019-BAE-WLB Document 19 Filed 03/14/07 Page 1 of 10 FILED E ,!"T COURT UNITED STATES DISTRICT COURT 0 V. SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISIO N 7 !T 1 4 P}1 3: 32 THOMPSON BUILDING WRECKING COMPANY, INC., PAULETTE TUCKER ENTERPRISES, INC., ;~J; C L d/b/a TUCKER GRADING AND HAULING, S0. D S) -. OF GA . RICHARD CALDWELL, d/b/a CLASSIC ROCK HAULING, SIDNEY CULLARS, d/b/a SIDNEY CULLARS TRUCKING, The plaintiffs allege that prime contract bids Plaintiffs , containing DBE participation at the subcontract level are treated more favorably than bids V. 107CV019 without DBE participation at the subcontract ; in other words, the DBE Program AUGUSTA, GEORGIA, level encourages prime contractors to discriminate Defendant. against subcontractors on the basis of race, gender, and relative economic advantage . Doc. ORDER # 1 at 14-15 ; see doc. # 5, exh. C at 1-66 (AUGUSTA CODE § 1-10-62(b)(9)) ; see also doc. 1. INTRODUCTIO N # 13 at 1 (the parties have stipulated that the City currently adds up to "20 points" to a In this civil rights action, various plaintiffs proposal or bid that utilizes DBEs) . According challenge the City of Augusta, Georgia's Disadvantaged Business Enterprises ("DBE") Program as unconstitutionally discriminatory. Doc. # 1 . They claim that the Program violates for a project to demolish the Candy Factory Buildings in Augusta . See doc. # 1 at 5-8 (describing facts surrounding the Equal Protection Clause of the Fourteenth the bidding for the Candy Factory Buildings demolition Amendment to the United States Constitution, as contract) . -
The Free Exercise of Religion After the Fall: the Case for Intermediate Scrutiny
William & Mary Law Review Volume 39 (1997-1998) Issue 3 Article 15 March 1998 The Free Exercise of Religion After the Fall: The Case for Intermediate Scrutiny Rodney A. Smolla Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Constitutional Law Commons Repository Citation Rodney A. Smolla, The Free Exercise of Religion After the Fall: The Case for Intermediate Scrutiny, 39 Wm. & Mary L. Rev. 925 (1998), https://scholarship.law.wm.edu/wmlr/vol39/iss3/ 15 Copyright c 1998 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr THE FREE EXERCISE OF RELIGION AFTER THE FALL: THE CASE FOR INTERMEDIATE SCRUTINY RODNEY A. SMOLLA* I. INTRODUCTION In City of Boerne v. Flores' the Supreme Court struck down the Religious Freedom Restoration Act of 19932 (RFRA or the "Act"), at least insofar as the Act is applied against state and local governments.' For the moment, at least, free exercise cases again are governed largely by the regime of Employment Divi- sion v. Smith,4 under which the Free Exercise Clause is not deemed violated by laws of general applicability that happen to place substantial burdens on religion. Several Justices in Flores, however, again called for the Court to reconsider the principles of Smith.5 Should the Court or Congress take up this challenge? Consid- er three options: (1) After Flores, matters should be left to rest. The law (at least with regard to state and local governments) has now reverted to the rule of Smith. -
Book Reviews
BOOK REVIEWS EDITED BY MICHAEL P. WEBER The Good Provider: H. J. Heinz and His 57 Varieties. By Robert C. Alberts. (Boston: Houghton Mifflin Company, 1973. Pp. 297. $10.00.) Who has not at some time sampled one of Heinz's 57 Varieties? Everyone who likes to eat will be interested in this biography of H. J. Heinz by Robert Alberts, who gave such an entertaining talk on William Bingham at the an- nual meeting of the Pennsylvania Historical Association a few years ago. This particular volume is the outgrowth of an article in American Heritage magazine and still shows signs of being intended for a popular rather than a scholarly audience. It is a sympathetic account of a simple, honest, hardworking, deeply religious son of German immigrants who embodied the Horatio Alger tradition without being an especially complex or interesting person. Nevertheless, it reminds us how many of today's famous firms were originally such personal enterprises. It is a little surprising, however, that Mr. Alberts places Heinz on the same level as other Pittsburgh magnates like Carnegie, Frick, Mellon, and Westinghouse, with whom he seems to have had relatively little communication. Yet certainly the story of the Heinz company is a significant aspect of nineteenth-century social history, reflecting as it does changes in the American diet made possible by new developments in transportation, re- frigeration, and the preservation of food in cans. The book shows that the company's success was based on a combination of large-scale production and skillful techniques in public relations and advertising. -
Comparison of Constitutionalism in France and the United States, A
A COMPARISON OF CONSTITUTIONALISM IN FRANCE AND THE UNITED STATES Martin A. Rogoff I. INTRODUCTION ....................................... 22 If. AMERICAN CONSTITUTIONALISM ..................... 30 A. American constitutionalism defined and described ......................................... 31 B. The Constitution as a "canonical" text ............ 33 C. The Constitution as "codification" of formative American ideals .................................. 34 D. The Constitution and national solidarity .......... 36 E. The Constitution as a voluntary social compact ... 40 F. The Constitution as an operative document ....... 42 G. The federal judiciary:guardians of the Constitution ...................................... 43 H. The legal profession and the Constitution ......... 44 I. Legal education in the United States .............. 45 III. THE CONsTrrTION IN FRANCE ...................... 46 A. French constitutional thought ..................... 46 B. The Constitution as a "contested" document ...... 60 C. The Constitution and fundamental values ......... 64 D. The Constitution and nationalsolidarity .......... 68 E. The Constitution in practice ...................... 72 1. The Conseil constitutionnel ................... 73 2. The Conseil d'ttat ........................... 75 3. The Cour de Cassation ....................... 77 F. The French judiciary ............................. 78 G. The French bar................................... 81 H. Legal education in France ........................ 81 IV. CONCLUSION ........................................ -
Loyalists in War, Americans in Peace: the Reintegration of the Loyalists, 1775-1800
University of Kentucky UKnowledge University of Kentucky Doctoral Dissertations Graduate School 2008 LOYALISTS IN WAR, AMERICANS IN PEACE: THE REINTEGRATION OF THE LOYALISTS, 1775-1800 Aaron N. Coleman University of Kentucky, [email protected] Right click to open a feedback form in a new tab to let us know how this document benefits ou.y Recommended Citation Coleman, Aaron N., "LOYALISTS IN WAR, AMERICANS IN PEACE: THE REINTEGRATION OF THE LOYALISTS, 1775-1800" (2008). University of Kentucky Doctoral Dissertations. 620. https://uknowledge.uky.edu/gradschool_diss/620 This Dissertation is brought to you for free and open access by the Graduate School at UKnowledge. It has been accepted for inclusion in University of Kentucky Doctoral Dissertations by an authorized administrator of UKnowledge. For more information, please contact [email protected]. ABSTRACT OF DISSERATION Aaron N. Coleman The Graduate School University of Kentucky 2008 LOYALISTS IN WAR, AMERICANS IN PEACE: THE REINTEGRATION OF THE LOYALISTS, 1775-1800 _________________________________________________ ABSTRACT OF DISSERTATION _________________________________________________ A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the College of Arts and Sciences at the University of Kentucky By Aaron N. Coleman Lexington, Kentucky Director: Dr. Daniel Blake Smith, Professor of History Lexington, Kentucky 2008 Copyright © Aaron N. Coleman 2008 iv ABSTRACT OF DISSERTATION LOYALISTS IN WAR, AMERICANS IN PEACE: THE REINTEGRATION OF THE LOYALISTS, 1775-1800 After the American Revolution a number of Loyalists, those colonial Americans who remained loyal to England during the War for Independence, did not relocate to the other dominions of the British Empire. -
From Machiavellism to the Holocaust the Ethical-Political Historiography of George L
From Machiavellism to the Holocaust The Ethical-Political Historiography of George L. Mosse Inauguraldissertation der Philosophisch-historischen Fakultät der Universität Bern zur Erlangung der Doktorwürde vorgelegt von Karel Plessini Italien Akademisches Jahr 2008/2009 Hauptgutachterin: Prof. Dr. Marina Cattaruzza Zweitgutachter: Prof. Dr. Emilio Gentile 1 Contents INTRODUCTION: THE SERPENT AND THE DOVE...................................................................... 6 The Link Between Life and Work..................................................................................................... 11 The Devil's Advocate.......................................................................................................................... 13 Mosse the Scholar................................................................................................................................ 15 Pioneering Cultural History................................................................................................................ 18 Machiavellism and the Holocaust...................................................................................................... 19 I – FROM MACHIAVELLISM TO TOTALITARIANISM.................................................................... 23 At the Edge of Catastrophe: George Mosse and Politics............................................................ 26 Sir Edward Coke and the Fate of Liberalism: A Fighter in a Lost Cause?................................. 30 The New Leviathan........................................................................................................................... -
Common Law Judicial Office, Sovereignty, and the Church Of
1 Common Law Judicial Office, Sovereignty, and the Church of England in Restoration England, 1660-1688 David Kearns Faculty of Arts and Social Sciences The University of Sydney A thesis submitted to fulfil requirements for the degree of Doctor of Philosophy 2019 2 This is to certify that to the best of my knowledge, the content of this thesis is my own work. This thesis has not been submitted for any degree or other purposes. I certify that the intellectual content of this thesis is the product of my own work and that all the assistance received in preparing this thesis and sources have been acknowledged. David Kearns 29/06/2019 3 Authorship Attribution Statement This thesis contains material published in David Kearns, ‘Sovereignty and Common Law Judicial Office in Taylor’s Case (1675)’, Law and History Review, 37:2 (2019), 397-429, and material to be published in David Kearns and Ryan Walter, ‘Office, Political Theory, and the Political Theorist’, The Historical Journal (forthcoming). The research for these articles was undertaken as part of the research for this thesis. I am the sole author of the first article and sole author of section I of the co-authored article, and it is the research underpinning section I that appears in the thesis. David Kearns 29/06/2019 As supervisor for the candidature upon which this thesis is based, I can confirm that the authorship attribution statements above are correct. Andrew Fitzmaurice 29/06/2019 4 Acknowledgements Many debts have been incurred in the writing of this thesis, and these acknowledgements must necessarily be a poor repayment for the assistance that has made it possible.