Author Archive for Scott C. Idleman

Does Federal Law Actually Preempt Relaxed State Marijuana Laws?

Tuesday, April 9th, 2013
Category: Congress & Congressional Power, Constitutional Law, Criminal Law & Process, Federalism, Public, Speakers at Marquette | 3 Comments »

The Cato Institute’s Ilya Shapiro recently spoke at the Law School concerning the status of relaxed state marijuana laws in light of the federal Controlled Substances Act’s continued prohibition of ... Read more »

The “Feisty” Secretary Clinton—An Object of Media Bias?

Sunday, January 27th, 2013
Category: Feminism, Media & Journalism, Public | 3 Comments »

Regarding the recent Senate committee hearings on the September 2012 attacks that killed four Americans in Benghazi, Libya, several major media outlets described Secretary of State Hillary Clinton as, among ... Read more »

The Emancipation Proclamation—Sesquicentennial Reflections

Wednesday, December 26th, 2012
Category: Civil Rights, Constitutional Law, Legacies of Lincoln, Legal History, President & Executive Branch, Public | No Comments »

January 1, 2013, marks the 150th anniversary of President Lincoln’s final Emancipation Proclamation, which declared the freedom of slaves in rebellious states. The decree was controversial in Lincoln’s time and ... Read more »

This Day in Legal History—Alabama Statehood and a New Era of Slavery Compromises

Friday, December 14th, 2012
Category: Congress & Congressional Power, Constitutional Law, Legal History, Public, Race & Law, U.S. Supreme Court | 2 Comments »

On December 14, 1819, Alabama was admitted to the Union as the twenty-second state. The admission itself was not especially remarkable. Various parts of present-day Alabama had been settled by ... Read more »

Legal Anomalies in Federal Indian Law, Part II—Tribal Jurisdiction Over Non-Indians

Thursday, November 15th, 2012
Category: Criminal Law & Process, Federal Indian Law, Public, U.S. Supreme Court | 1 Comment »

Federal Indian Law—the legal provisions and doctrines governing the respective statuses of, and relations among, the federal, state, and tribal governments—is replete with seeming anomalies when compared to the background ... Read more »

Religious Objections to Autopsies—A Virtual Solution?

Friday, October 26th, 2012
Category: Constitutional Law, Criminal Law & Process, First Amendment, Public, Religion & Law | No Comments »

“[I]n this world,” wrote Benjamin Franklin famously, “nothing can be said to be certain, except death and taxes.” Were we to add a third certainty to the list, it might ... Read more »

This Day in Legal History—September 28, 1918

Friday, September 28th, 2012
Category: Legal Ethics, Legal History, Public | 1 Comment »

On September 28, 1918, outside of the French village of Marcoing, British Private Henry Tandley of the 5th Duke of Wellington Regiment came across an escaping wounded German soldier. The ... Read more »

Legal Anomalies in Federal Indian Law, Part I—Equal Protection

Monday, September 24th, 2012
Category: Constitutional Interpretation, Constitutional Law, Federal Indian Law, Public, Race & Law | 3 Comments »

Federal Indian Law—the legal provisions and doctrines governing the respective statuses of, and relations among, the federal, state, and tribal governments—is replete with seeming anomalies when compared to the background ... Read more »

Effective Assistance of Counsel and Tribal Courts—A Different Standard?

Thursday, September 6th, 2012
Category: Constitutional Law, Criminal Law & Process, Federal Indian Law, Public | No Comments »

Virtually none of the U.S. Constitution’s guarantees or prohibitions applies to the actions of Indian tribal governments when those governments are exercising their inherent or retained powers. For this reason, ... Read more »

Restricting Liberty in the Name of Equality

Wednesday, June 6th, 2012
Category: Civil Rights, Constitutional Interpretation, Constitutional Law, First Amendment, Public, Religion & Law | 7 Comments »

Robust equality is a relatively recent part of the American constitutional landscape, rooted in a limited way in the Declaration of Independence and then formally embraced in the Constitution’s 14th ... Read more »

The Civil Jurisdiction of Indian Tribes

Friday, March 9th, 2012
Category: Civil Rights, Congress & Congressional Power, Federal Indian Law, Public | No Comments »

This is the fourth in a series of posts addressing commonly asked questions regarding American Indians, Indian Tribes, and the law. The first post dealt with casinos, taxation, and hunting ... Read more »

The Criminal Jurisdiction of Indian Tribes

Friday, February 24th, 2012
Category: Criminal Law & Process, Federal Indian Law, Federal Law & Legal System, Federalism, Public | 1 Comment »

This is the third in a series of posts addressing commonly asked questions regarding American Indians, Indian Tribes, and the law. The first post dealt with casinos, taxation, and hunting ... Read more »