Emory Law Journal

ELJ OnlineVolume 63
Essay

Unhinging Same-Sex Marriage from the Constitutional Canon: The Search for a Principled Doctrinal Framework

Anthony Michael Kreis | 63 Emory L.J. Online 2001 (2014)

When eighty-four-year-old Edie Windsor challenged the Defense of Marriage Act’s constitutionality, she may not have predicted the case’s historic importance. The Defense of Marriage Act (DOMA), enacted in 1996, amended the federal Dictionary Act to define “marriage” and “spouse” to exclude same-sex marriages in over 1,000 statutes and regulations.

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Responses

Nuance, Technology, and the Fourth Amendment: A Response to Predictive Policing and Reasonable Suspicion

A Response to Andrew Guthrie Ferguson, Predictive Policing and Reasonable Suspicion, 62 Emory L.J. 259 (2012)

Fabio Arcila, Jr. | 63 Emory L.J. Online 2071 (2014)

In an engaging critique, Professor Arcila finds that Professor Ferguson is correct in that predictive policing will likely be incorporated into Fourth Amendment law and that it will alter reasonable suspicion determinations. But Professor Arcila also argues that the potential incorporation of predictive policing reflects a larger deficiency in our Fourth Amendment jurisprudence and that it should not be adopted because it fails to adequately consider and respect a broader range of protected interests.

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Remedies in a Wide-Angle Lens: Observations on Remedial Concilience

A Response to Marco Jimenez, Remedial Consilience, 62 Emory L.J. 1309 (2013)

David Partlett | 63 Emory L.J. Online 2053 (2014)

Professor Partlett notes that Professor Jimenez's article appears to be an orphan in American legal academic discourse. After a thoughtful analysis, Professor Partlett commends Professor Jimenez's work, but urges that both a broader, comparative view of remedies and a revival of the virtues of private common law method are overdue in this area of scholarship.

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Precedent, Reliance, and the Judicial Function: A Response to Prof. Kozel

A Response to Randy J. Kozel, Precedent and Reliance, 62 Emory L.J. 1459 (2013)

Timothy P. Terrell | Emory L.J. Online 2037 (2014)

In this response, Professor Terrell argues that Professor Kozel bears a particularly heavy burden of proof. He finds that Professor Kozel's thesis is, on the one hand, both bold and potentially far-reaching, but on the other, counterintuitive and inconsistent with our most basic understandings of the judicial role in our legal system. Professor Terrell evaluates Professor Kozel's recent article, and identifies several points of disagreement.

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Toward Proportional Deportation

A Response to Angela M. Banks, The Normative and Historical Cases for Proportional Deportation, 62 Emory L.J. 1243 (2013)

Polly J. Price | 63 Emory L.J. Online 2031 (2014)

Professor Price discusses how Professor Banks’s contribution provides an especially compelling illustration of the disjuncture between citizenship status and long-term residence in U.S. immigration law. Professor Price argues that Professor Banks makes a compelling case that Congress unintentionally created this schism and that this state of affairs need not be.

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Patient Autonomy, Physician Obligation, and State Licensing Authority in The Constitutional Right Not to Kill: A Response to Professor Mark L. Rienzi

A Response to Mark Rienzi, The Constitutional Right Not to Kill, 62 Emory L.J. 121 (2012)

Jessica L. Roberts | 63 Emory L.J. Online 2021 (2014)

In his article,The Constitutional Right Not to Kill, Professor Mark L. Rienzi persuasively asserts that the Fifth and Fourteenth Amendments protect individuals from being forced to participate in government-authorized killings. Drawing from several strands of diverse legal doctrines, including military conscientious objections, capital punishment, physician-assisted death, abortion, and self-defense, he demonstrates the various ways in which the state and federal governments have shielded American citizens from being required to kill against their will.

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Response to The Law of the Body by Meredith M. Render

A Response to Meredith M. Render, The Law of the Body, 62 Emory L.J. 549 (2013)

E. Richard Gold | 63 Emory L.J. Online 2011 (2014)

In her article, Professor Render does a great service by proposing to unify legal rules relating to the human body through the concept of the “law of the body.” She demonstrates that the law dealing with the body and its components is often ad hoc in nature, sometimes contradictory and not necessarily in alignment with how people generally understand and view the body.

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Materializing Citizenship: Finance in a Producers’ Republic

A Response to Mehrsa Baradaran, How the Poor Got Cut Out of Banking, 62 Emory L.J. 483 (2013)

Robert Hockett | 63 Emory L.J. Online 2001 (2014)

Professor Hockett finds that Professor Baradaran’s helpful new article is, in effect, largely about the institutional consequences of abandoning the once-dominant view of finance as the means by which to secure individual initiative and productive autonomy in our polity. Professor Hockett argues that a tight link exists between how we configure and conduct our enterprise and how we configure and conduct our finance. He argues further that we cannot fully describe what an optimally inclusive and sustainable banking and broader financial system would look like without also identifying an optimally participatory productive culture and attendant mode of capital accumulation.

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