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Amicus Brief in Spargo v. NY State Commission on Judicial Conduct (Second Circuit)
The case concerns a state judge, Thomas A. Spargo, who was alleged to have committed several ethical violations involving political partisanship. A district court judge held that the ethical rules Spargo was alleged to have violated were unconstitutional. The amicus brief urges the appellate court to reverse the lower court' s decision and hold that the ethical rules barring political partisanship were constitutional, since it is reasonably for society to expect judges to remain above the political fray.
Amicus Brief in Spargo v. NY State Commission on Judicial Conduct (Second Circuit)
The case concerns a state judge, Thomas A. Spargo, who was alleged to have committed several ethical violations involving political partisanship. A district court judge held that the ethical rules Spargo was alleged to have violated were unconstitutional. The amicus brief urges the appellate court to reverse the lower court' s decision and hold that the ethical rules barring political partisanship were constitutional, since it is reasonably for society to expect judges to remain above the political fray.
The Creation of the United States Northern Command: Potential Constitutional, Legal, and Policy Issues Raised By a Unified Command For The Domestic United States
Liberty and Security Committee report examines constitutional issues of executive power with establishing domestic military command, and military conducting intelligence operations.
Amicus Brief in Banks v. Cockrell (U.S. Supreme Court, Cert. Stage)
Former Judges, Prosecutors, and other Public Officials arguing that unfairness in capital prosecutions undermines public confidence in the capital punishment system, discloure of exculpatory or impeachment evidence is essential to ensure fundamental fairness in capital cases, and the integrity of the capital sentencing process depends on adequate representation at each stage of the proceedings.
Amicus Brief in Banks v. Cockrell (U.S. Supreme Court, Cert. Stage)
Former Judges, Prosecutors, and other Public Officials arguing that unfairness in capital prosecutions undermines public confidence in the capital punishment system, discloure of exculpatory or impeachment evidence is essential to ensure fundamental fairness in capital cases, and the integrity of the capital sentencing process depends on adequate representation at each stage of the proceedings.
Recommendations for the Use of Military Commissions
The report of the Constitution Project’s Liberty and Security Initiative delineates the concerns raised by the proposed use of military tribunals to try terrorism suspects. The central recommendation of the Initiative’s blue-ribbon panel is that the jurisdiction of the military tribunals be limited to trials of combatants captured overseas on the battlefield.
Mandatory Justice: Eighteen Reforms to the Death Penalty
Recommending the creation of safeguards to ensure effective counsel, prohibit execution in cases involving questionable categries of defendants and homicides, expand and explain life without parole, safeguard racial fairness, review proportionally, provide protection against wrongful sentencing and conviction, and interpret role of judges, juries, and prosecutors.
Amicus Brief in al-Marri v. Pucciarelli (U.S. Supreme Court, Cert. Stage)
The U.S. Court of Appeals for the Fourth Circuit sitting en banc narrowly overturned a three-judge panel that held that Ali Saleh Kahlah al-Marri, a legal permanent resident in the U.S. accused of being an al-Qaeda sleeper agent, should either be freed or charged as a civilian. Amici The Constitution Project and the Rutherford Institute urge the U.S. Supreme Court to examine the Bush administration' s indefinite military detention without charge of a legal U.S. resident.
Amicus Brief in al-Marri v. Pucciarelli (U.S. Supreme Court, Cert. Stage)
The U.S. Court of Appeals for the Fourth Circuit sitting en banc narrowly overturned a three-judge panel that held that Ali Saleh Kahlah al-Marri, a legal permanent resident in the U.S. accused of being an al-Qaeda sleeper agent, should either be freed or charged as a civilian. Amici The Constitution Project and the Rutherford Institute urge the U.S. Supreme Court to examine the Bush administration' s indefinite military detention without charge of a legal U.S. resident.
Great and Extraordinary Occasions: Developing Guidelines for Constitutional Change
Constitutional Amendments Committee report proposes guidelines for the limited circumstances under which the Constitution should be amended, but does not take positions on the merits of any particular proposed amendment.
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