Avoiding Constitutional Questions Versus Avoiding …
Holden, 275 U.S. 142 (1927), he explained the canon about avoiding unconstitutionality partly on the ground that “to declare an Act of Congress unconstitutional . . . is the gravest and most delicate duty that this Court is called on to perform,” id. at 147–48 (opinion of Holmes, J.), quoted in Katyal & Schmidt, supra note 1, at 2123 ...
How Crime Pays: The Unconstitutionality of Modern Civil Asset ...
2018年6月8日 · Forfeiture is profitable. While a lack of reporting requirements makes it difficult to fully account for its revenues, the Justice and Treasury departments alone received nearly $4.5 billion in forfeiture proceeds in 2014; individual states have taken in as much as $46 million in a single year from the practice. 40 It is therefore unsurprising …
vors avoiding actual unconstitutionality — the longstanding principle that courts should not lightly interpret a statute in a way that makes it unconstitutional if some other interpretation is available.6 Katyal and Schmidt downplay this distinction. In part, that re-flects their assessment of current practice: they agree with Professor
tor” in determining unconstitutionality “is whether the statute is drafted in such a manner that it necessarily vests the determination of whether the law has been violated upon a purely subjective judgment.”21 The court found that the determination in this case was not purely subjective
Statement of Interest of the United States, Bell v. City of Boise
^Bell, 834 F. Supp. 2d at 1106. The plaintiffs also brought three other constitutional claims — namely, that the enforcement of the Ordinances violated the Equal Protection Clause by “impeding the homeless individuals’ fundamental right to travel,” that the Camping Ordinance violated the Due Process Clause by being unconstitutionally vague, and that both Ordinances violated the Due ...
Abstention in the Time of Ferguson - Harvard Law Review
2018年6月8日 · How Crime Pays: The Unconstitutionality of Modern Civil Asset Forfeiture as a Tool of Criminal Law Enforcement Vol. 131 No. 8 June 2018 In 1989 Attorney General Richard Thornburgh touted the benefits of civil asset forfeiture, describing how it …
Constitutional Interpretation | Page 5 of 5 | Harvard Law Review
Avoiding Constitutional Questions Versus Avoiding Unconstitutionality Response to Active Avoidance: The Modern Supreme Court and Legal Change Vol. 128 No. 8 June 2015 In this month’s issue, Professor Neal Katyal and Thomas Schmidt join a distinguished group of lawyers and judges who criticize the “canon of constitutional...
Active Avoidance: The Modern Supreme Court and Legal Change
2015年6月9日 · The Supreme Court in the last few years has resolved some of the most divisive and consequential cases before it by employing the same maneuver: construing statutes to avoid constitutional difficulty.
Caleb Nelson, Author at Harvard Law Review
Avoiding Constitutional Questions Versus Avoiding Unconstitutionality Response to Active Avoidance: The Modern Supreme Court and Legal Change Vol. 128 No. 8 June 2015 In this month’s issue, Professor Neal Katyal and Thomas Schmidt join a distinguished group of lawyers and judges who criticize the “canon of constitutional...
Constitutional Remedies: In One Era and Out the Other - Harvard …
2023年3月10日 · Introduction “It is a settled and invariable principle,” Chief Justice Marshall once wrote, “that every right, when withheld, must have a remedy.” 1 Not quite.