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The Concept Of “Elderly Citizens” In The Indonesian Constitution: A Critical Analysis, Ari Wahyudi Hertanto, Satya Arinanto, Jufrina Rizal

Indonesia Law Review

Human existence is the most important element of the law and the state. They contribute greatly to the growth and development of a nation. Despite their great contribution, all human beings will experience a gradual decrease in their physical and psychological capacity due to ageing. According to the latest Central Statistics Agency report, there exists 29.3 million elderly citizens in Indonesia. This figure is equivalent to 10.82% of the total population. To anticipate this demographic condition, the government ought to ensure the welfare of its elderly citizens in accordance with the mandate of the 1945 Constitution. However, the 1945 Constitution …

Reconstituting The United States: Could An Article V Convention Prevent The Next January 6?, Paul G. Rando

University of Cincinnati Law Review

No abstract provided.

The Constitutional Reshaping Of South Africa's Succession Laws, François Du Toit

Journal of Civil Law Studies

The South African Constitution of 1996 has had a significant im-pact on all the branches of South African law, including its succes-sion laws. The Constitution has transformatively reshaped im-portant aspects of South Africa's succession laws over the past two-and-a-half decades. This Article surveys the reshaping of two such aspects critically, namely (i) the extension of spousal inheritance under the Intestate Succession Act of 1987 and the Wills Act of 1953 as well as the extension of parental inheritance under the former statute; and (ii) the limitation of testamentary freedom. The afore-mentioned developments occurred by and large at the hands of …

Delegation At The Founding: A Response To Critics, Julian Davis Mortenson, Nicholas Bagley

Articles

This essay responds to the wide range of commentary on Delegation at the Founding, published previously in the Columbia Law Review. The critics’ arguments deserve thoughtful consideration and a careful response. We’re happy to supply both. As a matter of eighteenth-century legal and political theory, “rulemaking” could not be neatly described as either legislative or executive based on analysis of its scope, subject, or substantive effect. To the contrary: Depending on the relationships you chose to emphasize, a given act could properly be classified as both legislative (from the perspective of the immediate actor) and also executive (from the perspective …

Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Protecting The Health Data Of Consumers: Need For An Iron-Clad Law In India, Ashutosh Tripathi Assistant Professor Of Law And Research Director, Tushar Behl Law Graduate

International Journal on Consumer Law and Practice

One of the major concerns for all countries presently dealing with COVID-19 pandemic is to strike a balance between the privacy rights of the patients and public health surveillance, which is being done through various apps like Aarogya Setu in India, which is needed in the larger interest of the society. Public health Surveillance system although with good intention has to respect the privacy of the people. Supreme Court of India has recognized right to privacy as a part of right to life under the art 21 of the Constitution of India in the Puttaswamy judgment. In this essay, it …

Save Your Local Government Committee - Louisville, Kentucky (Sc 3652), Manuscripts & Folklife Archives

MSS Finding Aids

Finding and and scan (Click on "Additional Files" below) for Manuscripts Small Collection 3652. Flyer issued by the Save Your Local Government Committee, Louisville, Kentucky, outlining its objections to the proposed new state constitution and urging voters to vote against its adoption on 8 November 1966.

Taking Care With Text: "The Laws" Of The Take Care Clause Do Not Include The Constitution, And There Is No Autonomous Presidential Power Of Constitutional Interpretation, George Mader

Faculty Scholarship

“Departmentalism” posits that each branch of the federal government has an independent power of constitutional interpretation—all branches share the power and need not defer to one another in the exercise of their interpretive powers. As regards the Executive Branch, the textual basis for this interpretive autonomy is that the Take Care Clause requires the President to “take Care that the Laws be faithfully executed” and the Supremacy Clause includes the Constitution in “the supreme Law of the Land.” Therefore, the President is to execute the Constitution as a law. Or so the common argument goes. The presidential oath to “execute …

Respeaking The Bill Of Rights: A New Doctrine Of Incorporation, Kurt Lash

Indiana Law Journal

The incorporation of the Bill of Rights against the states by way of the Fourteenth Amendment raises a host of textual, historical, and doctrinal difficulties. This is true even if (especially if) we accept the Fourteenth Amendment as having made the original Bill of Rights binding against the states. Does this mean we have two Bills of Rights, one applicable against the federal government with a “1791” meaning and a second applicable against the state governments with an “1868” meaning? Do 1791 understandings carry forward into the 1868 amendment? Or do 1868 understandings of the Bill of Rights carry backward …

Systemic Racism In The U.S. Immigration Laws, Kevin R. Johnson

Indiana Law Journal

This Essay analyzes how aggressive activism in a California mountain town at the tail end of the nineteenth century commenced a chain reaction resulting in state and ultimately national anti-Chinese immigration laws. The constitutional immunity through which the Supreme Court upheld those laws deeply affected the future trajectory of U.S. immigration law and policy.

Responding to sustained political pressure from the West, Congress in 1882 passed the Chinese Exclusion Act, an infamous piece of unabashedly racist legislation that commenced a long process of barring immigration from all of Asia to the United States. In upholding the Act, the Supreme Court …

It’S All About Principle: How Patent Trolling, Over Broad Patents, Evergreening, And Patent Shelving Represent A Departure From The Patent Clause And How To Return To The Principle Of The Patent Clause, Morgan L. Stringer

Indian Journal of Law and Technology

This article explores differing patent abuses that reflect how current patent law has swung drastically away from the Patent Clause of the U.S. Constitution. The purpose of the Patent Clause is to ensure that inventors are given a limited monopoly in order to encourage innovation, or to “progress the useful arts and sciences.” There are many forms of patent abuse, but this article will explore patent trolls, overbroad patents, evergreening, and patent shelving as forms of patent abuse that reflect a departure from the Constitutional principle of progress in patent law. Each of these patent abuses hinders progress, so according …

Faq On The U.S. Archivist And The Future Of The Equal Rights Amendment, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

On Wednesday, September 21, 2022, the Senate will hold hearings on the nomination of Colleen Shogan as the new Archivist of the United States. This FAQ offers a short primer on what the Archivist does, her official role in the finalization of proposed amendments to the U.S. Constitution, including the Equal Rights Amendment (ERA), and the impact of Archivist action on the validity of the ERA.

Winona State University Student Association Constitution, Student Senate - Winona State University

Student Senate Organizational Documents

This is the Winona State University Student Association Constitution. This foundational document was amended in fall 2022.

Holmes V. Walton And Its Enduring Lessons For Originalism, Justin W. Aimonetti

Marquette Law Review

Originalism is nothing new. And the New Jersey Supreme Court’s 1780 decision in Holmes v. Walton shows it. In that case, the New Jersey Supreme Court disallowed a state law as repugnant to the state constitution because the law permitted a jury of only six to render a judgment. To reach that result, the court looked to the fixed, original meaning of the jury trial guarantee embedded in the state constitution, and it then constrained its interpretive latitude in conformity with that fixed meaning. Holmes thus cuts against the common misconception that originalism as an interpretive methodology is a modern …

Government Documents Constitution Display, August-September 2022, Minnesota State University, Mankato

Constitution

Bibliography and photographs of a display of government documents from Minnesota State University, Mankato.

Original(Ism) Sin, G. Alex Sinha

St. John's Law Review

(Excerpt)

During President Trump’s term in office, the Senate confirmed nearly 250 of his federal judicial nominees, including 3 to the Supreme Court of the United States. That number amounts to nearly a third of the federal judiciary’s roughly 800 active members. By and large, the judges nominated by President Trump purport to apply some form of originalist constitutional interpretation or construction, though the subject of originalism featured perhaps most prominently at the confirmation hearings for Amy Coney Barrett, whom President Trump nominated in October of 2020 to replace Justice Ruth Bader Ginsburg. Whatever one thinks of the vast literature …

The White Supremacist Constitution, Ruth Colker

Utah Law Review

The United States Constitution is a document that, during every era, has helped further white supremacy. White supremacy constitutes a “political, economic and cultural system in which whites overwhelmingly control power and material resources, conscious and unconscious ideas of white superiority and entitlement are widespread, and relations of white dominance and non-white subordination are daily reenacted across a broad array of institutions and social settings.”1 Rather than understand the Constitution as a force for progressive structural change, we should understand it as a barrier to change.

From its inception, the Constitution enshrined slavery and the degradation of Black people by …

Tort Law Implications Of Compelled Physician Speech, Nadia N. Sawicki

Indiana Law Journal

Abortion-specific informed consent laws in many states compel physicians to communicate state-mandated information that is arguably inaccurate, immaterial, and inconsistent with their professional obligations. These laws face ongoing First Amendment challenges as violations of the constitutional right against compelled speech. This Article argues that laws compelling physician speech also pose significant problems that should concern scholars of tort law.

State laws that impose tort liability on physicians who refuse to communicate a state-mandated message often do so by deviating from foundational principles of tort law. Not only do they change the substantive disclosure duties of physicians under informed consent law, …

The Pledge Of Allegiance And Compelled Speech Revisited: Requiring Parental Consent, Caroline Mala Corbin

Indiana Law Journal

Since the Supreme Court decided West Virginia State Board of Education v. Barnette in 1943, free speech law has been clear: public schools may not force students to recite the Pledge of Allegiance. Nevertheless, in two states—Texas and Florida— students may decline to participate only with parental permission. The Eleventh Circuit Court of Appeals upheld the law on the grounds that the parental requirement furthered parents’ substantive due process right to control the upbringing of their children.

The Eleventh Circuit decision is flawed both in its understanding of the First Amendment right to be free of compelled speech and the …

Nifla And The Construction Of Compelled Speech Doctrine, Robert Post

Indiana Law Journal

Virginia State Board of Education v. Barnette. There are good and convincing explanations for the Court’s decision in Barnette, but the Court’s recent expansion of the doctrine, culminating in National Institute of Family & Life Advocates (NIFLA) v. Becerra, holds that compelled speech is in most instances “content-based” regulation requiring heightened judicial scrutiny.

Using examples ranging from professional malpractice to compulsory tax returns, this Article argues that the doctrinal rule of NIFLA is demonstrably incorrect. It suggests that the doctrinal category of “compelled speech” may itself be confused insofar as it imagines that all legal obligations to communicate are equally …

Law Library Blog (July 2022): Legal Beagle Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Compelled Disclosure And The Workplace Rights It Enables, Catherine Fisk

Indiana Law Journal

Worker and consumer protection laws often rely on the regulated entity to notify workers or consumers of their legal rights because it is effective and efficient to provide information at the time and place where it is most likely to be useful. Until the Supreme Court ruled in NIFLA v. Becerra in 2018 that a California law regulating crisis pregnancy centers was an unconstitutional speaker-based, contentdiscriminatory regulation of speech, mandatory disclosure laws were constitutionally uncontroversial economic regulation. Yet, the day after striking down a disclosure law in NIFLA, the Court in Janus v. AFSCME Council 31 expanded the right of …

States May Statutorily Bind Presidential Electors, The Myth Of National Popular Vote, The Reality Of Elector Unit Rule Voting And Old Light On Three-Fifths Of Other Persons, William Josephson

University of Miami Law Review

This Article discusses the United States Supreme Court’s July 6, 2020 decision in Chiafalo v. Washington State as it impacts the most in-depth analysis yet published of the proposed National Popular Vote (“NPV”) Interstate Compact. NPV purports to provide for popular vote election of a President of the United States even if the winner of the popular vote did not win the Electoral College. It concludes that NPV cannot accomplish its purported purpose. The article also criticizes a recent article proposing dividing each state’s electors vote in accordance with the popular vote proportions in each such state instead of, as …

The Pandemic And Privacy: The Global Culture Of Intrusion, Jon L. Mills, Lucca Viana, Danielle Black

Legislation and Policy Brief

No abstract provided.

Competitor Standing To The Rescue: Saving The Emoluments Clause, Demitri Dawson

Legislation and Policy Brief

No abstract provided.

Traditionally Exclusive Limitations In The Digital Era:The Limitations On The State Action Doctrine And Its Inability To Protect Personal Freedoms From Big Tech, Richard Haygood

Lincoln Memorial University Law Review Archive

The intersection of censorship, free speech, and big tech is area of growing concern and interest. Every year, millions of users turn to social media platforms for myriad reasons, whether it be for the latest headline news, to pick up a recipe for dinner, or to share thoughts, feelings, or opinions. Yet despite the prevalence and importance of both Big Tech and social media platforms within our daily lives, there is very little anyone can do when their voice is silenced in the digital world. This Article focuses on one method claimants have attempted to use in order to find …

Chile At The Crossroads: From The 2019 Social Explosion To A New Constitution, Hugo Rojas

Seattle Journal for Social Justice

No abstract provided.

The Charter’S Revolutionary Impact On Gay Rights In Canada, Ameer Idreis

Gettysburg Social Sciences Review

The differing paces of gay rights progress around the globe, even between otherwise culturally and politically similar states, raises important questions regarding why this disparity occurs. Previous literature on the attainment of gay rights protections in Canada have highlighted the great impact had by the addition of the Charter of Rights and Freedoms to the Constitution Act, 1982. Additionally, comparative studies have argued that it is the entrenchment of the Charter which has made the crucial difference between the pace of gay rights in Canada as opposed to other states, such as Australia. This paper argues that, despite not having …

The Role Of Emotion In Constitutional Theory, J. Joel Alicea

Notre Dame Law Review

Although the role of emotion in law has become a major field of scholarship, there has been very little attention paid to the role of emotion in constitutional theory. This Article seeks to fill that gap by providing an integrated account of the role of emotion within the individual, how emotion affects constitutional culture, and how constitutional culture, properly understood, should affect our evaluation of major constitutional theories.

The Article begins by reconstructing one of the most important and influential accounts of emotion in the philosophical literature: that of Thomas Aquinas. Because Aquinas’s description of the nature of emotion accords …

The Consent Of The Governed: Constitutionalism Of The Levellers And Its Influence On Anglo-American Political Discourse, Nathan B. Gilson

Doctoral Dissertations and Projects

More fully understanding the Levellers suggests a new framework for understanding Anglo-American constitutionalism and jurisprudence. There was a logical progression in their constitutional thought, by which the exigent developments of the 1640s conflict continually pushed the Levellers to articulate new constitutional propositions. It eventually led them to a fully developed contractual theory for the origins of society based on the continuing consent of the People, including the rights to revolution and resistance, within a natural rights framework. The Levellers argued for limitations on the sovereignty of the government by the People, as opposed to the position of the Monarchists, Independents, …