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In United States constitutional law, the political questiondoctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to the U.S. Congress, or the President of the United States, lies within the political, rather than the legal, realm to solve, and judges customarily refuse to address such matters. The idea of a political question is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has the authority to hear and decide a legal question, not a political one. Legal questions are deemed to be justiciable, while political questions are nonjusticiable. One scholar explained:
The political question doctrine holds that some questions, in their nature, are fundamentally political, and not legal, and if a question is fundamentally political ... then the court will refuse to hear that case. It will claim that it doesn't have jurisdiction. And it will leave that question to some other aspect of the political process to settle out.
The Eighth Amendment to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights. The amendment serves as a limitation upon the state or federal government to impose unduly harsh penalties on criminal defendants before and after a conviction. This limitation applies equally to the price for obtaining pretrial release and the punishment for crime after conviction. The phrases in this amendment originated in the English Bill of Rights of 1689.
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award.
Reva B. Siegel is the Nicholas deB. Katzenbach Professor of Law at Yale Law School. Siegel's writing draws on legal history to explore questions of law and inequality, and to analyze how courts interact with representative government and popular movements in interpreting the Constitution. She is currently writing on the role of social movement conflict in guiding constitutional change, addressing this question in recent articles on reproductive rights, originalism and the Second Amendment, the "de facto ERA," and the enforcement of Brown. Her publications include Processes of Constitutional Decisionmaking ; The Constitution in 2020 ; and Directions in Sexual Harassment Law. Professor Siegel received her B.A., M.Phil, and J.D. from Yale University, clerked for Judge Spottswood William Robinson III on the D.C. Circuit, and began teaching at the University of California at Berkeley. She is a member of the American Academy of Arts and Sciences, and is active in the American Society for Legal History, the Association of American Law Schools, the American Constitution Society, in the national organization and as faculty advisor of Yale's chapter. She was elected to the American Philosophical Society in 2018.
Michael William McConnell is an American jurist who served as a United States circuit judge of the United States Court of Appeals for the Tenth Circuit from 2002 to 2009. Since 2009, McConnell has been a professor and Director of the Stanford Constitutional Law Center at Stanford Law School. He is also a senior fellow at Stanford University's Hoover Institution, and Senior Of Counsel to the Litigation Practice Group at Wilson Sonsini Goodrich & Rosati. In May 2020, Facebook appointed him to its content oversight board. In 2020, McConnell published The President Who Would Not Be King: Executive Power under the Constitution under Princeton University Press.
Inverse condemnation is a legal concept and cause of action used by property owners when a governmental entity takes an action which damages or decreases the value of private property without obtaining ownership of the property through the use of eminent domain. Thus, unlike the typical eminent domain case, the property owner is the plaintiff and not the defendant.
BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996), was a United States Supreme Court case limiting punitive damages under the Due Process Clause of the Fourteenth Amendment.
David E. Bernstein is an American legal scholar at the George Mason University School of Law in Arlington, Virginia, where he has taught since 1995. His primary areas of scholarly research are constitutional history and the admissibility of expert testimony. Bernstein is a contributor to the legal blog The Volokh Conspiracy. Bernstein is a graduate of the Yale Law School, where he was a John M. Olin Fellow in Law, Economics and Public Policy, a Claude Lambe Fellow of the Institute for Humane Studies, and a senior editor of the Yale Law Journal. He received his undergraduate degree from Brandeis University.
Peter Benjamin Edelman is an American legal scholar. He is a professor at the Georgetown University Law Center, specializing in the fields of poverty, welfare, juvenile justice, and constitutional law. He worked as an aide for Senator Robert F. Kennedy and in the Clinton Administration, where he resigned to protest Bill Clinton's signing the welfare reform legislation. Edelman was one of the founders and president of the board of the New Israel Fund.
Mari J. Matsuda is an American lawyer, activist, and law professor at the William S. Richardson School of Law at the University of Hawaiʻi at Mānoa. She was the first tenured female Asian American law professor in the United States, at University of California, Los Angeles (UCLA) School of Law in 1998 and one of the leading voices in critical race theory since its inception. Matsuda returned to Richardson in the fall of 2008. Prior to her return, Matsuda was a professor at the UCLA School of Law and Georgetown University Law Center, specializing in the fields of torts, constitutional law, legal history, feminist theory, critical race theory, and civil rights law.
David Rudovsky is an American civil rights and criminal defense lawyer. He was a founding partner, in 1971, of the law firm of Kairys & Rudovsky. Rudovsky is a Senior Fellow at University of Pennsylvania Law School, where he teaches evidence and constitutional criminal procedure. In 1996, Rudovsky won Penn's Lindback Award for Teaching Excellence. In 1986 he was named a MacArthur Fellow by the John D. and Catherine T. MacArthur Foundation.
William Michael Treanor is an American attorney and legal scholar. He is the dean of Georgetown University Law Center, the former dean of Fordham University School of Law, and an expert on constitutional law, having twice been cited in Supreme Court opinions. He continues to teach as a professor. Treanor held several high-profile government positions and he is an advocate of civil service. His teaching and work evidence Treanor's commitment to his philosophy of a complete legal education: "Intellectual excellence, the craft of lawyering, and dedication to public service."
Fred Rodell was an American law professor most famous for his critiques of the U.S. legal profession. A professor at Yale Law School for more than forty years, Rodell was described in 1980 as the "bad boy of American legal academia" by Charles Alan Wright.
Dan M. Kahan is the Elizabeth K. Dollard Professor of Law at Yale Law School. His professional expertise is in the fields of criminal law and evidence, and he is known for his theory of cultural cognition.
Cooper Industries, Inc. v. Leatherman Tool Group, Inc., 532 U.S. 424 (2001), was a decision by the United States Supreme Court involving the standard of review that Federal Appeal Courts should use when examining punitive damages awards.
The George Mason University Civil Rights Law Journal is a law review run by students at the George Mason University School of Law. It published one or two issues each academic year from 1990 to 2006–2007, and three issues each year since then. The journal is published by William S. Hein & Co.
A citizen's right to a trial by jury is a central feature of the United States Constitution. It is considered a fundamental principle of the American legal system.
Gary Peller is Professor of Law at Georgetown University Law Center and a prominent member of the critical legal studies and critical race theory movements.
Brian C. Kalt is an American legal scholar at the Michigan State University College of Law, particularly known for his research of the constitution of the United States.
Mary Kathleen "Kit" Kinports is an American legal scholar who is Professor of Law and the Polisher Family Distinguished Faculty Scholar at Pennsylvania State University. She has taught there since 2006 and specializes in feminism, criminal law and constitutional law. In 2024, Kinports announced her retirement from Penn State Law after nearly two decades of service.
References
- ↑ "Christopher Green | School of Law | Ole Miss". University of Mississippi School of Law. Retrieved 2023-09-17.
- ↑ "School of Law - the University of Mississippi - Ole Miss - Oxford, MS". Archived from the original on 2010-06-09. Retrieved 2010-04-15.