CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

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Saturday, November 2, 2013

Next week's criminal law/procedure argument

Issue summary is from ScotusBlog, which also links to papers:

Tuesday

  • Bond v. U.S.: (1) Whether the Constitution’s structural limits on federal authority impose any constraints on the scope of Congress’ authority to enact legislation to implement a valid treaty, at least in circumstances where the federal statute, as applied, goes far beyond the scope of the treaty, intrudes on traditional state prerogatives, and is concededly unnecessary to satisfy the government’s treaty obligations; and (2) whether the provisions of the Chemical Weapons Convention Implementation Act, 18 U.S.C. § 229, can be interpreted not to reach ordinary poisoning cases, which have been adequately handled by state and local authorities since the Framing, in order to avoid the difficult constitutional questions involving the scope of and continuing vitality of this Court’s decision in Missouri v. Holland.

http://lawprofessors.typepad.com/crimprof_blog/2013/11/next-weeks-criminal.html

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