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Same-Sex Union Announcements: Precis On A Not So Picayune Matter, James M. Donovan

Law Faculty Scholarly Articles

Although some newspapers have voluntarily begun to publish same-sex union announcements, others will continue in their traditional exclusionary practices. Some of those papers can anticipate being accused in court of unlawful discrimination where the law allows that cause of action. Reflexively, those newspapers will in turn erect a defensive shield from such charges by appealing, at least in part, to the First Amendment.

This comment examines the viability of that defense. The set-piece for the discussion are the details of a complaint, described in Part I, lodged against the Times-Picayune by a lesbian couple that was denied access to its …

Twenty-First Century Planning And The Constitution, Michael E Lewyn

Michael E Lewyn

In 2002, The American Planning Association (APA), a nationwide organization of land use planners, published the "Growing Smart Legislative Guidebook", a collection of model laws governing zoning and other land use-related issues. This article evaluates a variety of constitutional issues related to the Guidebook.

Same-Sex Union Announcements: Whether Newspapers Must Publish Them, And Why We Should Care, James M. Donovan

James M. Donovan

The recent decision by the New York Times to publish same-sex union announcements brought to national attention the struggle of gay men and lesbians to gain access to this contested space. To date only about ten percent of newspapers allow same-sex couples to publish announcements on terms equal to heterosexual couples. Although some couples have sued to have their announcements published, these claims have been rejected as interfering with the newspaper's First Amendment protections. This article considers whether the First Amendment's Free Press and Free Speech clauses in fact allow newspapers to discriminate in this way.

The article begins with …

Same-Sex Union Announcements: Whether Newspapers Must Publish Them, And Why We Should Care, James M. Donovan

Law Faculty Scholarly Articles

The recent decision by the New York Times to publish same-sex union announcements brought to national attention the struggle of gay men and lesbians to gain access to this contested space. To date only about ten percent of newspapers allow same-sex couples to publish announcements on terms equal to heterosexual couples. Although some couples have sued to have their announcements published, these claims have been rejected as interfering with the newspaper's First Amendment protections. This article considers whether the First Amendment's Free Press and Free Speech clauses in fact allow newspapers to discriminate in this way.

The article begins with …

A Representative Democracy: An Unfulfilled Ideal For Citizens Of The District Of Columbia, Aaron E. Price Sr.

University of the District of Columbia Law Review

No abstract provided.

Technological Advances Leading To The Diminishing Of Privacy Rights, Anabelle Maria D'Souza

LLM Theses and Essays

The Purpose of this thesis is to bring about the awareness of the importance of privacy in our lives. Privacy is an essential element of a free society without which individuals would lose the ability to interact with one another in private. With the advancement in police surveillance technology there is a clash between an individuals right to keep a secret and the State’s power to penetrate that secret. State of the art technologies such as the financial crimes enforcement network, wearable computing and surveillance cameras are some of the latest devices invading privacy. These technological advances have become so …

Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander

Cornell Law Faculty Working Papers

This article examines an apparent paradox in comparative constitutional law. Property rights are not treated as a fundamental right in American constitutional law; they are, however, under the Basic Law (i.e., constitution) of Germany, a social-welfare state that otherwise gives less weight to property. The article uses this apparent paradox as a vehicle for considering the different reasons why constitutions protect property. It explains the difference between the German and American constitutional treatment of property on the basis of the quite different approaches taken in the two systems to the purposes of constitutional protection of property.

Competing For The People's Affection: Federalism's Forgotten Marketplace, Todd E. Pettys

Todd E. Pettys

Returning to forgotten themes in the Federalist Papers, the article argues that the state and federal governments compete with one another for the “affection” of their citizens and for the regulatory power that often accompanies that affection. The article further contends that citizens and politicians are able fully to participate in this affection-driven marketplace only if three prerequisites are met: each sovereign must be assured of an opportunity to demonstrate its competence; each sovereign must enjoy a significant measure of autonomy from the other; and the two sovereigns’ dealings with one another must be sufficiently transparent to enable citizens to …

Ideological Conflict And The First Amendment, Steven J. Heyman

All Faculty Scholarship

According to the prevailing view, constitutional interpretation ideally should consist in the development and application of a single, unified set of principles. This Essay challenges this position in the context of free speech jurisprudence. As the constitutional debates of 1787-91 show, the First Amendment and the Bill of Rights did not reflect a single view, but instead were intended to reconcile conflicting views on the proper relationship between liberty and government. In order to obtain the broad support necessary for adoption, the Bill of Rights was deliberately drafted on the level of general principles that could command a consensus. When …

Ideological Conflict And The First Amendment, Steven J. Heyman

Steven J. Heyman

According to the prevailing view, constitutional interpretation ideally should consist in the development and application of a single, unified set of principles. This Essay challenges this position in the context of free speech jurisprudence. As the constitutional debates of 1787-91 show, the First Amendment and the Bill of Rights did not reflect a single view, but instead were intended to reconcile conflicting views on the proper relationship between liberty and government. In order to obtain the broad support necessary for adoption, the Bill of Rights was deliberately drafted on the level of general principles that could command a consensus. When …

Admissibility Of Fruits Of Breached Evidentiary Privileges: The Importance Of Adversarial Fairness, Party Culpability, And Fear Of Immunity, Robert P. Mosteller

Faculty Publications

No abstract provided.

The Constitution Outside The Courts, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Continuing Importance Of Congressman John A. Bingham And The Fourteenth Amendment, Richard L. Aynes

Akron Law Faculty Publications

Lead article in a symposium issue.

In the now-famous 1830s chronicle of a visit to America, Alexis de Tocqueville wrote that in America every political issue is ultimately a legal issue in the courts. For Americans who lived through the antislavery and abolitionist era as well as the crisis of the war of 1861-1865, the military victory of the Union forces on the field of battle still left open large political issues. These issues were attempted to be resolved through the political process that produced a legal solution: a constitutional amendment that we currently identify as the Fourteenth Amendment. The …

Los Derechos Fundamentales En Los Procesos De Integración. Union Europea Y Mercosur, Rodrigo A. Poyanco Bugueño

Rodrigo A. Poyanco Bugueño

En el presente documento, copia PDF de mi tesis para obtener el grado de magíster en derecho constitucional por la Pontificia Universidad Católica de Chile, se aborda un análisis comparativo de los sistemas de protección de los derechos fundamentales existentes tanto en el proceso de integracion europea (la Unión Europea) como el proceso latinoamericano del Mercosur. Se intenta probar cómo la supranacionalidad del primero y el carácter meramente internacional del segundo, impactan directamente en la efectividad de cada uno de estos sistemas.

Sin perjuicio de la citación aquí sugerida, los datos bibliográficos completos de la copia física de esta tesis …

Commentary: Is The Rehnquist Court A. A Friend Of The States? B. A Friend Of The People? C. A Friend Of The Court? D. None Of The Above?, Harry L. Witte

Harry L Witte

No abstract provided.

The Enumerated Powers Of States, Robert G. Natelson

Robert G. Natelson

This article lists and discusses the powers reserved exclusively to the states, according the representations made to the ratifying public during the debates over the U.S. Constitution.

The Constitutional Contributions Of John Dickinson, Robert G. Natelson

Robert G. Natelson

This article reviews the impact on the drafting and adoption of the U.S. Constitution of the man sometimes referred to as the most underappreciated Founder

Statutory Retroactivity: The Founders' View, Robert G. Natelson

Robert G. Natelson

The article explains the extent to which the Founders' Constitution permitted and prohibited retroactive legislation, and the provisions in that document relevant to the question.

A Reminder: The Constitutional Values Of Sympathy And Independence, Robert G. Natelson

Robert G. Natelson

Nearly all participants in the American Founding shared constitutiona/ values of "sympathy" and "independence." According to the ideal of sympathy, government actors should mirror the full range of popular attitudes. According to the ideal of independence, voters should remain independent of other citizens and of governmental entities, and those entities should remain independent of, and competitive with, each other. Sympathy and independence were central, not peripheral, to the Founders' Constitution, so the document cannot be interpreted properly without keeping them in view. The author provides examples of how constitutional practice might be altered had these central values not been overlooked.

Federalism, Fig Leaves, And The Games Lawyers Play, Robert C. Power

Robert C Power

No abstract provided.

The Continuing Importance Of Congressman John A. Bingham And The Fourteenth Amendment, Richard L. Aynes

Richard L. Aynes

Lead article in a symposium issue. In the now-famous 1830s chronicle of a visit to America, Alexis de Tocqueville wrote that in America every political issue is ultimately a legal issue in the courts. For Americans who lived through the antislavery and abolitionist era as well as the crisis of the war of 1861-1865, the military victory of the Union forces on the field of battle still left open large political issues. These issues were attempted to be resolved through the political process that produced a legal solution: a constitutional amendment that we currently identify as the Fourteenth Amendment. The …

The Export Clause, Erik M. Jensen

Faculty Publications

This article examines the origins and meaning of the Export Clause in Article I, section 9 of the United States Constitution, which provides that "[n]o Tax or duty shall be laid on Articles exported from any State."

Part I of the article considers the original understanding of the Export Clause, concluding that, without the Clause, the Constitution would not have been adopted. In light of the Export Clause's significance in the constitutional structure, Part II examines the Supreme Court's decisions in United States v. International Business Machines Corp., 517 U.S. 843 (1996) (IBM), and United States v. United States Shoe …

Inference Or Impact? Racial Profiling And The Internment's True Legacy, Eric L. Muller

Faculty Publications

No abstract provided.

Dimensions Of Democracy, Christopher L. Eisgruber

Fordham Law Review

No abstract provided.

The Better Angels Of Self-Government, Martin S. Flaherty

Fordham Law Review

No abstract provided.

The Missing Selves In Constitutional Self-Government, James E. Fleming

Fordham Law Review

No abstract provided.

Old Dictionaries And New Textualists, Rickie Sonpal

Fordham Law Review

No abstract provided.

A World Drowning In Guns, Harold Hongju Koh

Fordham Law Review

No abstract provided.

Filling The Void In First Amendment Jurisprudence: Is There A Solution For Replacing The Impotent System Of Prior Restraints?, Richard Favata

Fordham Law Review

No abstract provided.

Integrity In The Law: In Honor Of John D. Feerick: Introduction, William Michael Treanor

Fordham Law Review

No abstract provided.