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Articles 31 - 46 of 46
Full-Text Articles in Entire DC Network
The Paycheck Problem, Jennifer Mueller
The Paycheck Problem, Jennifer Mueller
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Our Imperiled Absolutist First Amendment, Zachary S. Price
Our Imperiled Absolutist First Amendment, Zachary S. Price
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Stages Of Constitutional Grief: Democratic Constitutionalism And The Marriage Revolution, Anthony Michael Kreis
Stages Of Constitutional Grief: Democratic Constitutionalism And The Marriage Revolution, Anthony Michael Kreis
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Political Process, Equal Protection, And Substantive Due Process, Jesse H. Choper, Stephen F. Ross
The Political Process, Equal Protection, And Substantive Due Process, Jesse H. Choper, Stephen F. Ross
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Other Half Of The Abortion Right, Thomas B. Colby
The Other Half Of The Abortion Right, Thomas B. Colby
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Sanctuary Corporations: Should Liberal Corporations Get Religion?, Elizabeth Brown, Inara Scott
Sanctuary Corporations: Should Liberal Corporations Get Religion?, Elizabeth Brown, Inara Scott
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Juvenile Miranda Waivers And Wrongful Convictions, Hana M. Sahdev
Juvenile Miranda Waivers And Wrongful Convictions, Hana M. Sahdev
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Campaign Communications And The Problem Of Government Motive, Michael Coenen
Campaign Communications And The Problem Of Government Motive, Michael Coenen
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Youth And Punishment At The Roberts Court, Sara Mayeux
Youth And Punishment At The Roberts Court, Sara Mayeux
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Unfit For The Constitution: Nativism And The Constitution, From The Founding Fathers To Donald Trump, Jared A. Goldstein
Unfit For The Constitution: Nativism And The Constitution, From The Founding Fathers To Donald Trump, Jared A. Goldstein
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Dangerous Defendants, Sandra G. Mayson
Dangerous Defendants, Sandra G. Mayson
All Faculty Scholarship
Bail reform is gaining momentum nationwide. Reformers aspire to untether pretrial detention from wealth (the ability to post money bail) and condition it instead on statistical risk, particularly the risk that a defendant will commit crime if he remains at liberty pending trial. The bail reform movement holds tremendous promise, but also forces the criminal justice system to confront a difficult question: What statistical risk that a person will commit future crime justifies short-term detention? What about lesser restraints, like GPS monitoring? Although the turn to actuarial risk assessment in the pretrial context has engendered both excitement and concern, the …
Petitioning And The Making Of The Administrative State, Maggie Blackhawk
Petitioning And The Making Of The Administrative State, Maggie Blackhawk
All Faculty Scholarship
The administrative state is suffering from a crisis of legitimacy. Many have questioned the legality of the myriad commissions, boards, and agencies through which much of our modern governance occurs. Scholars such as Jerry Mashaw, Theda Skocpol, and Michele Dauber, among others, have provided compelling institutional histories, illustrating that administrative lawmaking has roots in the early American republic. Others have attempted to assuage concerns through interpretive theory, arguing that the Administrative Procedure Act of 1946 implicitly amended our Constitution. Solutions offered thus far, however, have yet to provide a deeper understanding of the meaning and function of the administrative state …
Terry Stops And Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David Rudovsky, David A. Harris
Terry Stops And Frisks: The Troubling Use Of Common Sense In A World Of Empirical Data, David Rudovsky, David A. Harris
All Faculty Scholarship
The investigative detention doctrine first announced in Terry v. Ohio and amplified over the past fifty years has been much analyzed, praised, and criticized from a number of perspectives. Significantly, however, over this time period commentators have only occasionally questioned the Supreme Court’s “common sense” judgments regarding the factors sufficient to establish reasonable suspicion for stops and frisks. For years, the Court has provided no empirical basis for its judgments, due in large part to the lack of reliable data. Now, with the emergence of comprehensive data on these police practices, much can be learned about the predictive power of …
Reforming The Pentagon: Reflections On How Everything Became War And The Military Became Everything, Mark P. Nevitt
Reforming The Pentagon: Reflections On How Everything Became War And The Military Became Everything, Mark P. Nevitt
All Faculty Scholarship
What best explains how “Everything Became War and the Military Became Everything?”— the provocative title of a recent book by Professor Rosa Brooks of Georgetown Law. In this Essay, I turn to the Department of Defense’s (DoD) unique agency design as the vehicle to address this question. Specifically, I first describe and analyze the role that the 1947 National Security Act and 1986 Goldwater-Nichols Act play in incentivizing organizational behavior within the DoD. These two Acts have broad implications for national security governance. Relatedly, I address the consequences of these two core national security laws, focusing on the …
The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin
The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin
All Faculty Scholarship
The Loving Story (Augusta Films 2011), directed by Nancy Buirski, tells the backstory of the groundbreaking U.S. Supreme Court case, Loving v. Virginia, that overturned state laws barring interracial marriage. The article looks to the documentary to explain why the Lovings should be considered icons of racial and ethnic civil rights, however much they might be associated with marriage equality today. The film shows the Lovings to be ordinary people who took their nearly decade long struggle against white supremacy to the nation’s highest court out of a genuine commitment to each other and a determination to live in …
Still Living After Fifty Years: A Census Of Judicial Review Under The Pennsylvania Constitution Of 1968, Seth F. Kreimer
Still Living After Fifty Years: A Census Of Judicial Review Under The Pennsylvania Constitution Of 1968, Seth F. Kreimer
All Faculty Scholarship
The year 2018 marked the fiftieth anniversary of the Pennsylvania Constitution of 1968. The time seems ripe, therefore, to explore the Pennsylvania Supreme Court’s exercise of judicial review under the 1968 Pennsylvania Constitution. This Article constitutes the first such comprehensive exploration.
The Article begins with an historical overview of the evolution of the Pennsylvania Constitution, culminating in the Constitution of 1968. It then presents a census of the 372 cases in which the Pennsylvania Supreme Court has vindicated distinctive Pennsylvania Constitutional rights under the Constitution of 1968.
Analysis of these cases leads to three conclusions:
1. Exercise of independent constitutional …