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Self-Defense against Gun Suicide
Around twenty-thousand Americans each year commit suicide using a gun. Many would survive if it were more difficult to obtain the gun. The proposal here is not for gun control, but self control. Specifically, this article proposes allowing individuals to confidentially put their names into the existing federal background check system to prevent or delay their own future firearm purchases. Empowering people to restrict their own access to guns has the potential to save many lives, is supported by other self-binding regimes, and poses no serious constitutional concerns
Her final breath
A serial killer known as the Cowboy is killing young women in cheap motels in North Seattle. Even after a stalker leaves a menacing message for Crosswhite, suggesting the killer or a copycat could be targeting her personally, she is charged with bringing the murderer to justice. With clues scarce and more victims dying, Tracy realizes the key to solving the murders may lie in a decade-old homicide investigation that others, including her captain, Johnny Nolasco, would prefer to keep buried. With the Cowboy on the hunt, can Tracy find the evidence to stop him, or will she become his next victim?https://scholarship.law.ua.edu/harper_lee_prize_books_2016/1004/thumbnail.jp
Partisan Balance Requirements in the Age of New Formalism
This Article considers the constitutional status of mandatory partisan balance requirements for presidential appointments to independent federal agencies. Since the 1880s, Congress routinely has included partisan balance requirements, along with fixed terms of office and good cause limitations on the President\u27s removal power, as standard design elements in its template for independent federal agencies. Until recently, both federal courts and most legal scholars have assumed the constitutionality of such restrictions on the President\u27s appointment power-and with good reason, given the ubiquity of partisan balance requirements and the executive branch\u27s historical acquiescence to them. However, the Supreme Court\u27s decision in Free Enterprise Fund threatens to upend this well-settled consensus; the decision squarely holds that Congress may not unduly attenuate the President\u27s power to supervise and control executive branch entities-including independent agencies-without violating the separation of powers doctrine. In this Article, we posit that partisan balance requirements, at least when used in conjunction with fixed terms of office and good cause removal limitations, create a problem of at least equal magnitude to the problem identified in Free Enterprise Fund (namely, unduly insulating executive officers with policymaking authority via a two-tiered good cause removal limitation). Under the logic of Free Enterprise Fund, requiring the President to appoint political opponents to principal offices within the executive branch, and then prohibiting the President from removing such appointees except for good cause, unduly compromises the President\u27s ability to supervise and control these agencies. Although Humphrey\u27s Executor settled the constitutional status of good cause limits on the President\u27s removal power for principal officers serving on independent federal agencies, Free Enterprise Fund \u27s broadly formalist reading of the Vesting and Faithful Execution Clauses strongly suggests that the combination of a partisan balance requirement with a good cause removal limit constitutes a bridge too far in the age of new formalism
Chilling effect: an Aroostine Higgins novel
Investigating an embezzlement scheme at a Native American casino tears federal prosecutor Aroostine Higgins away from a romantic getaway with her husband, Joe. Dispatched by her superior in the hopes that her Native American roots will win trust in a community wary of outsiders, Aroostine goes on high alert when she finds her would-be informant executed in his home. Money skimming, murder, and rumors of stolen military weapons are linked to someone on the reservation, and Aroostine butts heads with tribal authorities bent on solving the crime and doling out punishment on their own terms. After narrowly escaping a deadly ambush, she and Joe must somehow protect each other and another whistle-blower from a killer\u27s bullet. She\u27ll have to connect with the heritage she left behind in order to track down this ruthless killer. --Pg. [4] of coverhttps://scholarship.law.ua.edu/harper_lee_prize_books_2016/1015/thumbnail.jp
Sing a worried song
Issued also in electronic format; Everything is going well for Arthur Beauchamp in his early middle age. Life is so good for the top-notch defence lawyer that, in a moment of career restlessness, he decides to switch sides, just the once, and prosecute a young man charged with murdering a clown. Beauchamp is confident he can prove Randolph Skyler is guilty. Confident, but still worried and surprisingly blind to how precarious the evidence is--and, worse, to the fissures opening in his personal life. It\u27s a case Beauchamp will never forget, not even years later, when he\u27s happily remarried and retired to a bucolic life on Garibaldi Island in the glorious Salish Sea. As Beauchamp is about to learn, the older you get, the greater the chance is that the past will come back to bite you. In Deverell\u27s latest marvel in his Beauchamp series, Arthur has causes aplenty to sing a worried songhttps://scholarship.law.ua.edu/harper_lee_prize_books_2016/1003/thumbnail.jp
Race and races: cases and resources for a diverse America
This casebook presents interdisciplinary, critical perspectives on race and racism and covers the roles of law and history in shaping the meanings of race in the United States. Updates the second edition with newhttps://scholarship.law.ua.edu/fac_books/1006/thumbnail.jp
Free Speech Paternalism and Free Speech Exceptionalism: Pervasive Distrust of Government and the Contemporary First Amendment Book Reviews and Responses
Balancing as Well as Separating Power: Congress\u27s Authority to Recognize New Legal Rights
In Spokeo Inc v Robins the Supreme Court faced the question whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm and who therefore could not otherwise invoke the jurisdiction of a federal court by authorizing a private right of action based on a bare violation of a federal statute Put more simply can Congress recognize legal injuries that are not predicated on injuries in fact As this Essay demonstrates the Court would abuse the language of Article III would transgress on congressional authority and would exceed its own role in the constitutional structure by holding that Congress lacks the authority to create such legal injuries In addition to historical reasons given by other scholars there are strong separationofpowers reasons to respect congressional enactments conferring legal injur