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Aboriginal Rights And Constitutional Conflict: The Marshall Court, State And Federal Sovereignty, And Native American Rights Under The 1789 Constitution, Guy Charlton
American Indian Law Journal
No abstract provided.
The Personhood Paradox: Citizens United As Rejection Of Corporate Personhood?, Stefan J. Padfield
The Personhood Paradox: Citizens United As Rejection Of Corporate Personhood?, Stefan J. Padfield
ConLawNOW
This ConLawNOW submission is an excerpt from a previously published piece. The following abstract is from that piece.
UCLA Law Professor Adam Winkler has published an excellent book on the history of corporate rights. The book, We the Corporations: How American Businesses Won Their Civil Rights, “reveals the secret history of one of America’s most successful yet least-known ‘civil rights movements’—the centuries-long struggle for equal rights for corporations.” The book has been highly praised by some of the greatest minds in corporate and constitutional law, and the praise is well-deserved. However, the book is not without its controversial assertions, …
The Devil In The Detail: Mitigating The Constitutional & Rule Of Law Risks Associated With The Use Of Artificial Intelligence In The Legal Domain, Catrina Denvir, Tristan Fletcher, Jonathan Hay, Pascoe Pleasence
The Devil In The Detail: Mitigating The Constitutional & Rule Of Law Risks Associated With The Use Of Artificial Intelligence In The Legal Domain, Catrina Denvir, Tristan Fletcher, Jonathan Hay, Pascoe Pleasence
Florida State University Law Review
No abstract provided.
Constitutional Moral Hazard And Campus Speech, Jamal Greene
Constitutional Moral Hazard And Campus Speech, Jamal Greene
William & Mary Law Review
One underappreciated cost of constitutional rights enforcement is moral hazard. In economics, moral hazard refers to the increased propensity of insured individuals to engage in costly behavior. This Essay concerns what I call “constitutional moral hazard,” defined as the use of constitutional rights (or their conspicuous absence) to shield potentially destructive behavior from moral or pragmatic assessment. What I have in mind here is not simply the risk that people will make poor decisions when they have a right to do so, but that people may, at times, make poor decisions because they have a right. Moral hazard is not …
The Continuing Validity Of The Electoral College: A Quantitative Confirmation, Audrey J. Lynn
The Continuing Validity Of The Electoral College: A Quantitative Confirmation, Audrey J. Lynn
ConLawNOW
In recent years, efforts to undermine or discard the Electoral College have gained substantial momentum, leading to a need for objective answers about how the system affects presidential elections. Using accessible quantitative techniques, this article answers three essential questions about the purposes and effects of the Electoral College using a unique approach that measures the electoral system’s success and potential in terms that correspond to its raison d'être, parameterizing the problem in terms of satisfaction and population instead of voters. This article dispenses with arcane, voter-based statistical models. It recognizes the Electoral College as a discrete mathematical system and applies …
Forgotten Limits On The Power To Amend State Constitutions, Jonathan L. Marshfield
Forgotten Limits On The Power To Amend State Constitutions, Jonathan L. Marshfield
Northwestern University Law Review
There seem to be no limits on what can pass through state constitutional amendment procedures. State amendments have targeted vulnerable minorities, deeply entrenched specific fiscal strategies, and profoundly restructured institutions. The malleability of state constitutions is significant because in many states there are legitimate fears that special interests dominate amendment politics, and that fundamental change is occurring with minimal opportunities for constructive deliberation or inclusive participation. The state doctrine of “referendum sovereignty” is a key condition fueling this dynamic. The doctrine holds that there are no substantive limits on any state amendment processes so long as amendments comply with federal …
The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence, Molly P. Matter
The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence, Molly P. Matter
Seattle Journal for Social Justice
No abstract provided.
Establishment Of Religion Supreme Court Appellate Division Third Department
Establishment Of Religion Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Equal Protection Supreme Court Appellate Division Third Department
Equal Protection Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Rockland County
Due Process Supreme Court Appellate Division Third Department
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division Second Department
Due Process Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division
Due Process Pringle V. Wolfe (Decided 28, 1996)
Due Process Pringle V. Wolfe (Decided 28, 1996)
Touro Law Review
No abstract provided.
Due Process People V. Scott (Decided June 5, 1996)
Due Process People V. Scott (Decided June 5, 1996)
Touro Law Review
No abstract provided.
Double Jeopardy Supreme Court Appellate Division Second Department
Double Jeopardy Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Symposium: 50 Years With The 25th Amendment: The Role Of The White House Counsel In The Twenty-Fifth Amendment: Advising On Presidential Disability, Nancy Kassop
ConLawNOW
This article examines the role of the White House Counsel in counseling and advising the President and administration about the provisions of the Twenty-fifth Amendment providing for removal of the President when the President is unable to perform the duties of office. Throughout the amendment's history, presidents and their advisors have been reluctant to formally invoke it, fearing that a public admission of "disability" will weaken a president's political influence. The White House Counsel must often navigate between the legal and constitutional requirements of the amendment, on the one hand, and considerations of a President's continued political viability, on the …
Symposium: 50 Years With The 25th Amendment: Celebrating The Presidential Inability Provisions Of The Twenty-Fifth Amendment, Joel K. Goldstein
Symposium: 50 Years With The 25th Amendment: Celebrating The Presidential Inability Provisions Of The Twenty-Fifth Amendment, Joel K. Goldstein
ConLawNOW
The presidential inability provisions of the Twenty-fifth Amendment to the United States Constitution represent an important contribution to ensuring presidential continuity. The framers of the Amendment responded in a thoughtful and effective way to a series of problems which history had disclosed which had made past officials reluctant to transfer presidential powers even from clearly disabled presidents. Adoption of the Amendment represented an impressive legislative accomplishment. The presidential inability provisions provide clear, workable and reasonable procedures which allow government officials to handle a range of scenarios involving presidential incapacity.
Originalism And A Forgotten Conflict Over Martial Law, Bernadette Meyler
Originalism And A Forgotten Conflict Over Martial Law, Bernadette Meyler
Northwestern University Law Review
This Symposium Essay asks what a largely forgotten conflict over habeas corpus and martial law in mid-eighteenth-century New York can tell us about originalist methods of constitutional interpretation. The episode, which involved Abraham Yates, Jr.—later a prominent Antifederalist—as well as Lord Loudoun, the commander of the British forces in America, and New York Acting Governor James De Lancey, furnishes insights into debates about martial law prior to the Founding and indicates that they may have bearing on originalist interpretations of the Suspension Clause. It also demonstrates how the British imperial context in which the American colonies were situated shaped discussions …
Originalism And Structural Argument, Thomas B. Colby
Originalism And Structural Argument, Thomas B. Colby
Northwestern University Law Review
The “new originalism” is all about the text of the Constitution. Originalists insist that the whole point of originalism is to respect and follow the original meaning of the text, and that originalism derives its legitimacy from its unwavering focus on the text alone as the sole basis of higher law. And yet, many leading Supreme Court decisions in matters of great importance to conservatives—in opinions authored and joined by originalist judges, and often praised by originalist scholars—are seemingly not grounded in the constitutional text at all. They rest instead on abstract structural argument: on freestanding principles of federalism and …
Fourth Amendment Gloss, Aziz Z. Huq
Fourth Amendment Gloss, Aziz Z. Huq
Northwestern University Law Review
Conventional wisdom suggests that a constitutional right should be defined so as to effectively constrain government actors. A right defined in terms of what state actors routinely do would seem to impose in practice an ineffectual brake on much intrusive state action—and so seems pointless. Nevertheless, in defining Fourth Amendment rights, the Supreme Court frequently draws on the practice of contemporaneous government actors to define the constitutional floor for police action. The actions of the regulated thus define the content of regulation. This Article isolates and analyzes this seemingly paradoxical judicial practice, which it labels “Fourth Amendment gloss,” by analogy …