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The Constitutional Problems With The Election Of Amtrak’S President, Aaron Kahen
The Constitutional Problems With The Election Of Amtrak’S President, Aaron Kahen
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Hybrid Nature Of The Property Clause: Implications For Judicial Review Of National Monument Reductions, Lance F. Sorenson
The Hybrid Nature Of The Property Clause: Implications For Judicial Review Of National Monument Reductions, Lance F. Sorenson
University of Pennsylvania Journal of Constitutional Law
In the recurring and contentious debates regarding the President’s authority to declare (and perhaps rescind) National Monuments, both those who argue for an expansive authority and those who favor restricted authority treat the Antiquities Act as a delegation of legislative power; they only disagree on whether the delegation is appropriate or, in the case of rescission, whether a delegation exists at all. However, this framework is wrong. The Property Clause is not strictly a legislative power. Rather, it is a hybrid; rulemaking power is interspersed with an administrative one—the power to manage property. The Supreme Court has recognized this distinction …
On The Senate’S Purported Constitutional Duty To Meaningfully Consider Presidential Nominees To The Supreme Court Of The United States: A Response To Chief Judge Peter J. Eckerstrom, Seth Barrett Tillman
On The Senate’S Purported Constitutional Duty To Meaningfully Consider Presidential Nominees To The Supreme Court Of The United States: A Response To Chief Judge Peter J. Eckerstrom, Seth Barrett Tillman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Yes, The Senate Elevated Partisan Political Goals Over Constitutional Text When It Refused To Consider President Obama’S Nominee To Replace Justice Scalia, Peter J. Eckerstrom
Yes, The Senate Elevated Partisan Political Goals Over Constitutional Text When It Refused To Consider President Obama’S Nominee To Replace Justice Scalia, Peter J. Eckerstrom
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Neglecting Nationalism, Gil Seinfeld
Neglecting Nationalism, Gil Seinfeld
University of Pennsylvania Journal of Constitutional Law
Federalism is a system of government that calls for the division of power between a central authority and member states. It is designed to secure benefits that flow from centralization and from devolution, as well as benefits that accrue from a simultaneous commitment to both. A student of modern American federalism, however, might have a very different impression, for significant swaths of the case law and scholarly commentary on the subject neglect the centralizing, nationalist side of the federal balance. This claim may come as a surprise, since it is obviously the case that our national government has become immensely …
Machine Learning Evidence: Admissibility And Weight, Patrick W. Nutter
Machine Learning Evidence: Admissibility And Weight, Patrick W. Nutter
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Fisher’S Forewarning: Using Data To Normalize College Admissions, Shakira D. Pleasant
Fisher’S Forewarning: Using Data To Normalize College Admissions, Shakira D. Pleasant
University of Pennsylvania Journal of Constitutional Law
This Article presents a nuanced view of Fisher v. University of Texas that has largely been ignored in mainstream discourse in the case. In Fisher, Justice Anthony Kennedy cast the deciding vote to uphold the University of Texas (“UT”) race-conscious admissions policy. This was the first time that Justice Kennedy voted to uphold a race-conscious policy, and many commentators have focused on this aspect of his Fisher majority opinion. However, Justice Kennedy also gave a stern forewarning to UT and other universities: in the future, they better have strong data to show that they need to use race-conscious admissions. …
Big Data And The Right To Political Participation, Michal Saliternik
Big Data And The Right To Political Participation, Michal Saliternik
University of Pennsylvania Journal of Constitutional Law
In recent years, the big data revolution has rapidly expanded from the private to the public sector. Today, government authorities at all levels analyze mass amounts of digital data produced by citizens and use it to inform their policy choices in such diverse areas as healthcare, education, transportation, and urban planning. Proponents of this trend assert that it not only yields better policies, but also facilitates political participation by allowing more people to influence governmental decisions at a low cost and with little effort.
This Article argues, however, that the political participation that big data analysis currently enables is flawed …
Ministerial Magic: Tax-Free Housing And Religious Employers, Bridget J. Crawford, Emily Gold Waldman
Ministerial Magic: Tax-Free Housing And Religious Employers, Bridget J. Crawford, Emily Gold Waldman
JCL Online
No abstract provided.
Solitary Confinement In America, Andrew Leon Hanna
Solitary Confinement As Per Se Unconstitutional, Andrew Leon Hanna
Solitary Confinement As Per Se Unconstitutional, Andrew Leon Hanna
JCL Online
No abstract provided.
Race-Conscious Admissions, Diversity, And Academic Freedom, Vinay Harpalani
Race-Conscious Admissions, Diversity, And Academic Freedom, Vinay Harpalani
JCL Online
No abstract provided.
Structural Analysis Of Article V: The Constitutionality Of A Limited Convention To Propose Amendments, Damian O'Sullivan
Structural Analysis Of Article V: The Constitutionality Of A Limited Convention To Propose Amendments, Damian O'Sullivan
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Present Constitutional Status Of Solitary Confinement, Andrew Leon Hanna
The Present Constitutional Status Of Solitary Confinement, Andrew Leon Hanna
JCL Online
No abstract provided.
Improper Commandeering, Josh Blackman
Improper Commandeering, Josh Blackman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Classless And Uncivil: The Three-Decade Legacy Of Evans V. Jeff D., William H. Fedullo
Classless And Uncivil: The Three-Decade Legacy Of Evans V. Jeff D., William H. Fedullo
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Constitutionality Of Immigrant Sanctuaries And Anti-Sanctuaries: Originalism, Current Doctrine, And A Second-Best Alternative, Nelson Lund
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Immigration To Blue Cities In Red States: The Battleground Between Sanctuary And Exclusion, Karla Mari Mckanders
Immigration To Blue Cities In Red States: The Battleground Between Sanctuary And Exclusion, Karla Mari Mckanders
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Immigration Adjudication Bankruptcy, Jill E. Family
Immigration Adjudication Bankruptcy, Jill E. Family
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Felony Disenfranchisement Laws: Paying And Re-Paying A Debt To Society, Christina Beeler
Felony Disenfranchisement Laws: Paying And Re-Paying A Debt To Society, Christina Beeler
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Masthead
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Regulatory Capture And The Marginalized Majority: The Case For Constitutional Protection Of The Majority's Disposable Income, Eyal Benvenisti, Amnon Morag
Regulatory Capture And The Marginalized Majority: The Case For Constitutional Protection Of The Majority's Disposable Income, Eyal Benvenisti, Amnon Morag
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Laboratories Of Democracy Reform: State Constitutions And Partisan Gerrymandering, Samuel S.-H. Wang, Richard F. Ober Jr., Ben Williams
Laboratories Of Democracy Reform: State Constitutions And Partisan Gerrymandering, Samuel S.-H. Wang, Richard F. Ober Jr., Ben Williams
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Changing Race: Fluidity, Immutability, And The Evolution Of Equal-Protection Jurisprudence, John Tehranian
Changing Race: Fluidity, Immutability, And The Evolution Of Equal-Protection Jurisprudence, John Tehranian
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Rediscovering The Journal Clause: The Lost History Of Legislative Constitutional Interpretation, Nicholas Handler
Rediscovering The Journal Clause: The Lost History Of Legislative Constitutional Interpretation, Nicholas Handler
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Fake News And Racial, Ethnic, And Religious Minorities: A Precarious Quest For Truth, Kimberly Grambo
Fake News And Racial, Ethnic, And Religious Minorities: A Precarious Quest For Truth, Kimberly Grambo
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Contracting Around The Constitution: An Anticommodificationist Perspective On Unconstitutional Conditions, Louis W. Fisher
Contracting Around The Constitution: An Anticommodificationist Perspective On Unconstitutional Conditions, Louis W. Fisher
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The New Fighting Words?: How U.S. Law Hampers The Fight Against Information Warfare, Jill Goldenziel, Manal Cheema
The New Fighting Words?: How U.S. Law Hampers The Fight Against Information Warfare, Jill Goldenziel, Manal Cheema
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Youth Voting Rights And The Unfulfilled Promise Of The Twenty-Sixth Amendment, Yael Bromberg
Youth Voting Rights And The Unfulfilled Promise Of The Twenty-Sixth Amendment, Yael Bromberg
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Scrutinizing Legacy Admissions: Applying Tiers Of Scrutiny To Legacy Preference Policies In University Admissions, T. Liam Murphy
Scrutinizing Legacy Admissions: Applying Tiers Of Scrutiny To Legacy Preference Policies In University Admissions, T. Liam Murphy
University of Pennsylvania Journal of Constitutional Law
No abstract provided.