نتایج جستجو برای: constitutionality
تعداد نتایج: 547 فیلتر نتایج به سال:
To assess the presence of gerrymandering, one can consider the shapes of districts or the distribution of votes. The efficiency gap, which does the latter, plays a central role in a 2016 federal court case on the constitutionality of Wisconsin’s state legislative district plan. Unfortunately, however, the efficiency gap reduces to proportional representation, an expectation that is not a consti...
There is legitimate concern in the psychiatric community about the constitutionality of sexually violent predator (SVP) commitment statutes. Such constitutionality depends on the requirement that a sexual offender have a mental abnormality that makes him commit violent predatory sex offenses and reflects almost exclusively a concern for public safety, with little regard for notions of clinical ...
A debate has arisen within the legal community over the existence and constitutionality of a so-called “complexity exception” to the Seventh Amendment. This exception would give a judge the discretion to deny a jury trial in a civil case if he or she feels that the issue is too complex for a jury to decide properly. This iBrief discusses the constitutionality of the complexity exception and the...
This Comment addresses the present gap in insanity-defense laws created by the defense’s abolition and offers an Eighth Amendment based remedy. Part I reviews the history and evolution of the insanity defense in Anglo-American law. It then describes how four states have statutorily abolished the defense. It concludes with a discussion of Clark v. Arizona, the Court’s most recent decision on the...
This Note will analyze how and why political, social and international pressures affect the way predominately Muslim countries address the issue of religious veiling. Specifically, this piece will examine recent court cases in Tunisia, Turkey and Kosovo regarding the constitutionality of hijab bans in each respective state. Courts in Tunisia, Turkey and Kosovo have come to varied conclusions on...
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