scholarly journals Suing Texas State Senate Bill 8 Plaintiffs under Federal Law for Violations of Constitutional Rights

2021 ◽  
pp. 136-138
Author(s):  
Anthony Colangelo
Keyword(s):  
Constitutional Rights ◽  
State Law ◽  
Federal Law ◽  
Abortion Law ◽  
Senate Bill ◽  
The Law ◽  
The U.S ◽  
State Senate

Many people are deriding (or celebrating) the exceptional—and exceptionally deceptive—device of the Texas legislature to so-called “deputize” private individuals as government enforcement agents to carry out a state anti-abortion law that, at present, violates the U.S. Constitution. The law at issue, commonly referred to as Senate Bill 8, is extraordinarily broad, and provides that anyone can sue anyone who “aids or abets” an abortion after about six weeks of pregnancy (including, if read literally, the Uber driver who drove the woman to the clinic). The law awards recovery of no less than $10,000 and makes no exceptions for pregnancies resulting from incest or rape. Actually, the deceptive nature of the law can be subdivided into three devices. I’ll address each in turn with the principal aim of suing someone under federal law for bringing suit under the Texas state law. In this respect, I’ll be going quite a bit further than those who seek simply to spotlight the unconstitutionality of the Texas law. Rather, I’m going after the plaintiff who sues under it.

Culpability Standards in Section 1983 Litigation Against Criminal Justice Officials: When and Why Mental State Matters

2001 ◽  
Vol 47 (1) ◽  
pp. 28-59 ◽  
Author(s):  
John L. Worrall
Keyword(s):  
Criminal Justice ◽  
Mental State ◽  
Federal Court ◽  
Constitutional Rights ◽  
State Law ◽  
The U.S

Title 42, Section 1983 of the U.S. Code provides a remedy in federal court for individuals who suffer constitutional rights violations at the hands of criminal justice officials. To succeed in a Section 1983 lawsuit, a plaintiff must demonstrate a constitutional violation by an official acting under color of state law. Recently, however, courts have begun to require that constitutional rights violations be committed with a certain level of culpability for a finding of liability, a development that has received little attention in the criminal justice literature. Accordingly, this article seeks to (1) sort out the important culpability issues associated with Section 1983 litigation, with particular reference to theories of liability, and (2) discuss the relevance of this inquiry for both academics and practitioners, calling attention to the problems the current multitude of culpability standards pose.

The Nineteenth-Century Perspective on Federal Judicial Power

2021 ◽  
pp. 73-84
Author(s):  
James E. Pfander
Keyword(s):  
Nineteenth Century ◽  
Federal Courts ◽  
Judicial Power ◽  
State Law ◽  
Federal Law ◽  
The U.S ◽  
The Way

This chapter examines the way nineteenth-century jurists defined the words “cases” and “controversies” in Article III of the U.S. Constitution. It shows that federal courts agreed to hear uncontested applications to claim rights under federal law as “cases” under Article III. But the same courts refused to hear matters governed by state law unless they arose between opposing parties as “controversies” within Article III. This distinction between cases and controversies meant that a claim of right by a petitioner, such as that in a naturalization petition, would qualify as a case, even though the plaintiff did not join an adverse party from whom the plaintiff sought redress.

The Pure Food War

2018 ◽  
Author(s):  
Linda Civitello
Keyword(s):  
New York ◽  
Food Law ◽  
The Law ◽  
Seminal Article ◽  
The U.S ◽  
State Senate

In 1899, the Royal Baking Powder Trust bribed the Missouri state senate to pass a law that made alum baking powder poison. People were arrested for selling baking powder. Royal introduced this legislation across the U.S. but the American Baking Powder Association fought successfully. Through repeated bribery, the law stood until 1905, after Lincoln Steffens exposed it in a seminal article against lobbying called “Business as Treason.” Missouri indicted Royal’s William Ziegler but the governor of New York refused to extradite. Finally, charges were dropped or the “boodlers” were acquitted. At the same time, the U.S. Congress conducted hearings on the Pure Food law, passed in 1906.

scholarly journals LOCAL SELF-GOVERNMENT: PRACTICE OF ELECTORAL LEGISLATION ENFORCEMENT

2018 ◽  
Vol 1 (4) ◽  
pp. 96-111
Author(s):  
Alexander Butakov
Keyword(s):  
Russian Federation ◽  
City Council ◽  
Constitutional Rights ◽  
Federal Law ◽  
Analysis And Synthesis ◽  
Scope Of Application ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
The Right

The subject. The article presents a special study of the law enforcement practice of electoral legislation made by a court of various instances in the process of elections to the Omsk City Council of the sixth convocation held on September 10, 2017. The collision arises between the enforcement of federal and regional legislation is analyzed in the article.The purpose of the article is to find the ways of solving the conflict that arose during thr enforcement of federal and regional legislation regarding the verification procedure of voter’s signature.The methodology. The methods of analysis and synthesis are used. The focus of the scientific analysis concerns the courts decisions.The results, scope of application. In the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation” of June 12, 2002, No. 67-FZ, the last paragraph of par. 8 of art. 37 fixes a set of issues established by the law of a sub-sovereign entity of the Russian Federation in holding the elections to a representative body of local self-government. In 2003, the regional law No. 456-OZ “On Elections to Local Self-Government Bodies of the Omsk Region” was passed, in which issues referred to the jurisdiction of the subject of the Russian Federation in the last paragraph of par. 8 of art. 37 of Federal Law No. 67, were not confirmed, especially with regard to the consolidation of the verification order of voters' signatures and grounds for recognition these signatures invalid, and (or) invalidated. At the same time, the Federal Law “On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local self-government bodies” No. 138-FZ of November 26, 1996, which in par. 2 of art. 1 "registered" the mechanism of its application in case of unsettledness, even with regard to the right to elect and be elected to the bodies of local self-government by the law of that body.The nsettledness concerns the verification order of authenticity of voters' signatures in candidacy lists when nominating candidates for representative bodies of local self-government.Conclusion. The article considers the sequence of solving this problem by the courts of the first, appellate and cassation instances, as a result of which the essence of the collision does not find its material and procedural solution, still remaining a gap both in the legislation and in the activities of federal control and supervisory bodies.

scholarly journals Beyond Preemption: The Federal Law and Policy of Intellectual Property Licensing

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Intellectual Property ◽  
Public Policies ◽  
Property Law ◽  
State Law ◽  
Federal Law ◽  
Intellectual Property Law ◽  
Law And Policy ◽  
Commercial Code ◽  
The Law

Proposed Uniform Commercial Code article 2B, which will govern transactionsin information, will remake the law of intellectual property licensing in aradical way. But federal and state intellectual property policies imposesignificant limits on the ability of states to change these rules bycontract law. One such limit is preemption, but preemption is unlikely toprovide sufficient protection for the established rules of intellectualproperty law. Three other sets of doctrines will limit the ability ofparties to set their terms by contract, even in the UCC 2B world. The firstdoctrine is copyright misuse, which has been applied against restrictivelicensing provisions. The second set of doctrines provides that a number oflicensing rules are decided as questions of federal, not state, law. Thethird doctrines are state public policies that cannot be overriden bycontract. Taken together, these doctrines create a patchwork federal policyof intellectual property law that UCC 2B cannot alter.

scholarly journals Serving the Law as a Calling: On the Anniversary of Valeriy V. Chernikov

2021 ◽  
Vol 8 ◽  
pp. 6-15
Author(s):  
Sergey R. Futo ◽  
Keyword(s):  
Russian Federation ◽  
Legal Service ◽  
State Law ◽  
Federal Law ◽  
The Russian Federation ◽  
The Law ◽  
Internal Affairs ◽  
Rule Making

The article is devoted to the seventieth anniversary of the birth of the Honored Lawyer of the Russian Federation, Doctor of Law, Professor Valery Vasilyevich Chernikov. Its role in the formation of the legal service of the Ministry of Internal Affairs of Russia, the development of Russian administrative and state law, and the improvement of the activities of the internal affairs bodies of the Russian Federation is noted. The main stages of the development of the Federal Law “On the Police” and the role of V.V. Chernikov in the process of rule-making are revealed.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Unresolved Business: Federal Corporate Governance Enhancements

2018 ◽  
Author(s):  
Marc I. Steinberg
Keyword(s):  
Corporate Governance ◽  
Insider Trading ◽  
Securities And Exchange Commission ◽  
Federal Courts ◽  
Professional Conduct ◽  
State Law ◽  
Federal Law ◽  
Tender Offers ◽  
Federal Level ◽  
Federal Statute

This chapter analyzes and recommends federal corporate governance enhancements that should be implemented. These enhancements, which should be adopted in a measured and directed manner, are necessary to remediate certain deficiencies that currently exist. Consistent therewith, this chapter focuses on several important matters that merit attention, including the undue deference by federal courts to state law, the appropriate application of federal law to tactics undertaken in tender offers, the need for a federal statute encompassing insider trading, and the propriety of more vigorous oversight by the Securities and Exchange Commission (such as with respect to the “current” disclosure regime, the SEC’s Standards of Professional Conduct for Attorneys, and the Commission’s neglecting at times to invoke its statutory resources). Thus, the analysis set forth in this chapter identifies significant deficiencies that currently exist and recommends measures that should be implemented on the federal level to enhance corporate governance standards.

Sign in / Sign up

Export Citation Format

Share Document