Common law declarations of unconstitutionality

Partial Unconstitutionality

Courts often hold legislation unconstitutional, but nearly always only part of the statute offends. The problem of partial unconstitutionality is therefore pervasive and persistent. Yet the exclusive doctrinal tool for dealing with this problem—severability doctrine—is deeply flawed. To make matters worse, severability doctrine is purportedly necessary for any workable system of judicial review...

Emergency Declarations and Tribes: Mechanisms under Tribal and Federal Law.

INTRODUCTION ............................................................................................ 33 I. TRIBAL DECLARATIONS .......................................................................... 35 II. STAFFORD ACT DECLARATION REQUESTS ............................................. 39 A. Tribal Request for a Stafford Act Declaration ............................... 39 B. State Request...

The Unconstitutionality of Exit Searches

Lurking in plain sight at exits to certain United States government buildings are fixed checkpoints where people are detained and their personal belongings systematically searched before armed police officers give permission to depart the premises. The people subjected to these “exit searches” have not given their consent, yet they cannot refuse. These exit searches are not openly spoken about ...

Western Philosophies of Law: the Common Law

Declarations

continents convened in Abu Dhabi, U.A.E between October 21–23 2013 at the First international conference on waterpipe tobacco smoking to review the evidence and recommend actions to curb the waterpipe tobacco pandemic. A declaration was issued on October 23, 2013. In Building on the Declaration of the 1st Conference adopted in Abu Dhabi, a second declaration was issued following the 2nd Confere...