John Minor Wisdom, one of the "Fifth Circuit Four", and a Republican from Louisiana, was a United States circuit judge of the United States Court of Appeals for the Fifth Circuit during the 1950s and 1960s, when that court became known for a series of crucial decisions that advanced the goals of the Civil Rights Movement. At that time, the Fifth Circuit included not only Louisiana, Mississippi, and Texas, but also Alabama, Georgia, Florida, and the Panama Canal Zone.
The doctrine of nondelegation is the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself. It is explicit or implicit in all written constitutions that impose a strict structural separation of powers. It is usually applied in questions of constitutionally improper delegations of powers of any of the three branches of government to either of the other, to the administrative state, or to private entities. Although it is usually constitutional for executive officials to delegate executive powers to executive branch subordinates, there can also be improper delegations of powers within an executive branch.
Patrick Errol Higginbotham is an American judge and lawyer who serves as a Senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit.
Cox v. Louisiana, 379 U.S. 536 (1965), is a United States Supreme Court case based on the First Amendment to the U.S. Constitution. It held that a state government cannot employ "breach of the peace" statutes against protesters engaging in peaceable demonstrations that may potentially incite violence.
Textualism is a formalist theory in which the interpretation of the law is based exclusively on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.
The Fordham International Law Journal is a student-run law journal associated with the Fordham University School of Law. According to the Washington and Lee journal rankings, it is the 4th most cited student-edited international and comparative law journal in the United States. The current editor-in-chief is William Russell.
Dee Dodson Drell is a senior United States district judge of the United States District Court for the Western District of Louisiana, based in Alexandria, the seat of Rapides Parish and the largest city in Central Louisiana.
Tulane University Law School is the law school of Tulane University. It is located on Tulane's Uptown campus in New Orleans, Louisiana. Established in 1847, it is the 12th oldest law school in the United States.
The North Carolina Law Review is a law journal of the University of North Carolina School of Law. It publishes six issues each year as well as its online supplement, the North Carolina Law Review Forum.
Edward F. Sherman was an American legal scholar who served as the 20th dean of the Tulane University Law School from 1996 to 2001. After his tenure as dean, he continued to teach at the law school until his retirement in 2015. Prior to this appointment, he taught at numerous law schools, including the University of Texas Law School, where he taught for 19 years. His scholarship focused on Civil Procedure and Alternative Dispute Resolution. Working with USAID he helped Vietnam write a new code of civil procedure. In 1970, he was a founding board member of the Lawyers Military Defense Committee, which provided free civilian counsel to U.S. military members in Vietnam and West Germany.
William Eugene Davis, known as W. Eugene Davis, is a senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit. His chambers are in New Orleans, Louisiana.
Rufus Edward Foster was a United States circuit judge of the United States Court of Appeals for the Fifth Circuit and previously was a United States district judge of the United States District Court for the Eastern District of Louisiana.
Sarah Elizabeth Savoia Vance is a senior United States district judge of the United States District Court for the Eastern District of Louisiana.
Charles Schwartz Jr. was a United States district judge of the United States District Court for the Eastern District of Louisiana.
Charles Sumner Lobingier was an American jurist who served as a judge of the Philippine Court of First Instance from 1904 to 1914 and as Judge of the United States Court for China in Shanghai from 1914 to 1924. He was also the author of a number of books on international and comparative law.
Vernon Palmer (Vernon Valentine Palmer) is an American-born legal scholar, the Thomas Pickles Professor of Law at Tulane University Law School and the co-director of its Eason Weinmann Center of Comparative Law. He is a specialist in civil law and mixed jurisdiction legal studies, with a primary focus on the study of comparative international law.
The blank pad rule is an American term for the legal doctrine and metaphor in common law that requires a tribunal to base its decision solely upon evidence established at trial. In the United States, the Supreme Court has established that in order for a trial to be fair and impartial, a "jury's verdict [must] be based on evidence received in open court, not from outside sources".
Gundy v. United States, 588 U.S. 128 (2019), was a United States Supreme Court case that held that 42 U.S.C. § 16913(d), part of the Sex Offender Registration and Notification Act ("SORNA"), does not violate the nondelegation doctrine. The section of the SORNA allows the Attorney General to "specify the applicability" of the mandatory registration requirements of "sex offenders convicted before the enactment of [SORNA]". Precedent is that it is only constitutional for Congress to delegate legislative power to the executive branch if it provides an "intelligible principle" as guidance. The outcome of the case could have greatly influenced the broad delegations of power Congress has made to the federal executive branch, but it did not.
