Fact and Fiction About Facial Challenges

The Justices of the U.S. Supreme Court have frequently insisted that “facial challenges” to the validity of statutes are and ought to be rare. Based partly on an empirical survey of all cases decided by the Court during six selected Terms, this Article reveals that assumption to be empirically false and normatively mistaken. Error on this point reflects broader confusions and misunderstandings. For example, it is not true that only a few especially stringent constitutional tests frame facial challenges. Even the rational basis test sometimes yields the conclusion that statutes are invalid in toto. The conventional wisdom also errs in positing that the Supreme Court can cure a statute’s facial defects merely by invoking a general “presumption of severability” under which, in a future case, any of a statute’s invalid applications can be separated from valid ones. Besides revising the conventional wisdom about facial challenges, this Article locates the root of misunderstanding in the rhetoric of a relatively small number of much-cited cases. It also begins the reconstructive task of explaining when facial challenges do and do not succeed. That explanation has three parts. First, there is a crucial linkage between rulings of facial invalidity and the breadth of the reasons that the Supreme Court gives in upholding constitutional challenges. Second, the Court is often inattentive to severability issues, and its practice must be understood accordingly. Although this Article advances important rationalizing generalizations, it explains why the Court’s approach to severability cannot be captured in rigid rules. Third, many Supreme Court decisions rejecting facial challenges are best understood as finding facial challenges to be unripe, rather than categorically unavailable

Career derailment: burnout and bullying at the executive level

Executive derailment refers to unexpected and unwanted changes in the trajectory of an executive career caused either by factors within the person or by organisational factors external to the person, or a combination of both, leading to loss of identity. This phenomenological study explored subjective experiences of four high functioning professionals who had experienced executive derailment. Semi-structured interviews were conducted and data were analysed using Interpretative Phenomenological Analysis (IPA). Results showed four superordinate themes that encapsulated a trajectory from severe loss of identity, integrity, and livelihood, to newly defined authenticity following derailment: (1) Self-doubt and blame; (2) targeted bullying; (3) psychological vulnerability and distress; and (4) Meaning-making and personal growth. The first three themes highlight varying levels of psychological distress and burnout and the vicarious impact on family life. The fourth theme involved a redefined self-integrity where forgiveness and psychological recovery could emerge and allow for a reconsideration of career pathways. The recognition that personal and professional growth can arise following executive derailment is a novel finding with important implications for coaches. A positive psychological and growth-oriented mindset may be helpful in harnessing change with executives following derailment

Tennessee Public Acts 1994: Summaries of Interest to Municipal Officials

This publication summarizes the year\u27s public acts that have the most significant impact on municipal operations. Users of this publication are cautioned that much judgment is involved in determining which Public Acts to summarize and how to summarize them. Before taking action or giving advice based upon any Public Act summarized here, one should consult the act itself and not rely on the summary

The Six Companies and the Geary Act: A Case Study in Nineteenth-Century Civil Disobedience and Civil Rights Litigation

In 1892, the Chinese Consolidated Benevolent Association in San Francisco urged the resident Chinese community to ignore a federal law. The United States Congress had just passed the Geary Act, which required all Chinese laborers living in the United States to register with the collector of internal revenue. Under the act, those who did not register would face arrest and likely deportation. The Benevolent Association, also known as the Six Companies, claimed that the act violated both the constitutional right to due process and treaty obligations with China. To combat the legislation, the association enlisted the assistance of the Chinese Legation to exert diplomatic pressure, retained leading attorneys to bring a test case to the Supreme Court, and-perhaps most dramatically- called on the resident Chinese community to risk deportation and participate in a massive campaign of civil disobedience

Common Sense About the Age of Statutes

A Review of A Common Law for the Age of Statutes by Guido Calabres

Poised at the Threshold: Sexual Orientation, Law, and the Law School Curriculum in the Nineties

A Review of Lesbians, Gay Men, and the Law by William B. Rubenstei

Re-vitalizing worthiness: a theory of transcending suicidality among young men

Suicide-ality poses social, political and health concerns worldwide due to the significant psychological and social burden incurred (Maltsberger & Goldblatt, 1996; Hawton, 2005). In Ireland, rates for completed suicide are notably high among young men aged 15-34 years, who accounted for almost 40% of deaths by suicide in 2003 (NOSP, 2005). While a range of response initiatives have been developed, aimed at addressing suicide-ality at preventive, interventive and post-ventive levels, there has not been a corresponding decrease in prevalence rates of youth suicide in many countries, including Ireland (NOSP, 2009). The field of suicidology has expanded in recent years, giving rise to substantial theoretical, practice and policy literature. Research in the field has been helpful in: identifying rates and trends in suicide-ality in general and among specific groups, identifying risk and protective factors, and designing and evaluating response strategies. It has been argued that research has been dominated by quantitative methodology and has primarily concentrated on prediction and control rather than understanding (Maris et al., 2000; Leenaars, 2004). Consequently understanding of the suicidal process (Aldridge, 1998) and suicidal person (Webb, 2002) is limited and there is inadequate guidance for professionals working in the area (Maltsberger & Goldblatt, 1996; Ting et al., 2006; Cutcliffe & Stevenson, 2007). This Grounded Theory study aimed to address these gaps by developing a substantive theory pertaining to the phenomena of suicide-ality among young Irish men that could be utilized to inform mental health theory and practice (Glaser & Strauss, 1967). This involved interviewing seventeen formerly suicidal young men who had contact with mental health services and eliciting their views about their suicidality and what they considered constituted meaningful responses to them in their particular situation. The study lead to the development of a substantive theory that explains how these young men transcended suicidality when facilitated to re-vitalize their worthiness as persons of value and deserving of life. The theory incorporated a two-stage psychosocial process wherein the young men moved from a death orientation to a life orientation. This was a complex and unpredictable process that entailed identity re-configuration and was punctuated by turning points (Strauss, 1969). Turning points involved profound moments of inner and outer dialogue (Seikkula et al., 1995) that significantly influenced the young men’s lives and their journies on their suicide trajectories and life pathways. It is proposed that the mental health practitioner can play a key role in enhancing worthiness by providing and promoting validating interpersonal dialogic encounters, thereby facilitating young men to transcend suicidality