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Constitutional Law

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Selected Works

2016

Articles 1 - 8 of 8

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The Devil Is In The Details: Articulating Practical Principles For Implementing The Duties In Pennsylvania's Environmental Rights Amendment, Kenneth Kristl Mar 2016

The Devil Is In The Details: Articulating Practical Principles For Implementing The Duties In Pennsylvania's Environmental Rights Amendment, Kenneth Kristl

Kenneth T Kristl

The 1971 Environmental Rights Amendment to the Pennsylvania Constitution at Article I, Section 27 created individual rights to clean air, pure water, and other environmental features as well as a public trust in the Commonwealth’s public natural resources. Judicial interpretation significantly narrowed Section 27’s reach until the Pennsylvania Supreme Court’s Robinson Township decision in 2013 reinvigorated the Amendment. In the aftermath of Robinson Township, government officials and courts will need guidelines for how to comply with Section 27 in making and reviewing government actions and decisions. This article develops a set of concrete, practical principles for applying Section 27. It …

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President Obama's Supreme Decision, Mary Brigid Mcmanamon Feb 2016

President Obama's Supreme Decision, Mary Brigid Mcmanamon

Mary Brigid McManamon

Op ed on presidential nomination of Supreme Court justices.

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Cruz’S Birthplace Presents A Court Conundrum, Mary Brigid Mcmanamon Feb 2016

Cruz’S Birthplace Presents A Court Conundrum, Mary Brigid Mcmanamon

Mary Brigid McManamon

Editorial on the natural born citizen requirement for president.

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Improving Taiwan’S Global Competitiveness: Toward A Safer, Internationally Friendlier Society, Chiehwen Ed Hsu Feb 2016

Improving Taiwan’S Global Competitiveness: Toward A Safer, Internationally Friendlier Society, Chiehwen Ed Hsu

Chiehwen Ed Hsu

Civility, more permissive laws for foreign employment and a more diverse educational environment will help Taiwan along the road to modernity.

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In Pa., Church Property Subject To Historic Designation, John Nivala Feb 2016

In Pa., Church Property Subject To Historic Designation, John Nivala

John F. Nivala

Historic preservation ordinances such as Philadelphia's are neutral laws of general application that do not, on their face, impose a substantial burden on the free exercise of religion. Nor do they in application, given a process for relief if designation imposes a substantial burden. It is the church's obligation to establish that designation would prevent it from carrying out its mission.

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Ted Cruz Is Not Eligible To Be President, Mary Brigid Mcmanamon Jan 2016

Ted Cruz Is Not Eligible To Be President, Mary Brigid Mcmanamon

Mary Brigid McManamon

Editorial discussing the original intent of "natural born citizen."

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Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria Ontiveros Dec 2015

Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria Ontiveros

Maria L. Ontiveros

This article examines the use of the rhetoric of slavery by the United States government and advocates for immigrant workers to determine how the Thirteenth Amendment is perceived and used in contemporary society. A survey of popular usage revealed that the government focuses on trafficking as the definitive form of modern day slavery. In so doing, it portrays modern day slavery as a private act with identifiable wrong doers and victims who have been forced or coerced into involuntary servitude. Immigrant workers advocates, on the other hand, portray modern day slavery as a systemic form of oppression, supported by governmental …

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Moving Beyond Miranda: Concessions For Confessions, Scott Howe Dec 2015

Moving Beyond Miranda: Concessions For Confessions, Scott Howe

Scott W. Howe

Abstract: The law governing police interrogation provides perverse incentives. For criminal suspects, the law rewards obstruction and concealment. For police officers, it honors deceit and psychological aggression. For the courts and the rest of us, it encourages blindness and rationalization. This Article contends that the law could help foster better behaviors. The law could incentivize criminals to confess without police trickery and oppression. It could motivate police officers involved in obtaining suspect statements to avoid chicanery and duress. And, it could summon courts and the rest of us to speak more truthfully about whether suspect admissions are the product of …

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