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Child Sacrifices: The Precarity Of Minors' Autonomy And Bodily Integrity After Dobbs, Teri D. Baxter Apr 2024

Child Sacrifices: The Precarity Of Minors' Autonomy And Bodily Integrity After Dobbs, Teri D. Baxter

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Original Understanding, Punishment, And Collateral Consequences, Brian M. Murray Apr 2024

Original Understanding, Punishment, And Collateral Consequences, Brian M. Murray

University of Pennsylvania Journal of Constitutional Law

Can Founding-era understandings of punishment limit the reach of punitive state activity, specifically with respect to automatic collateral consequences? This Article begins to tackle that question. For over a century, the Supreme Court has struggled to define the boundaries of crime and punishment. Under current doctrine, a deprivation constitutes punishment when it furthers a legislatively assigned penal purpose. A retributive purpose is sufficient, whereas traditionally instrumentalist purposes, such as deterrence, rehabilitation, or incapacitation, are not. Scholars have criticized this framework for several reasons, highlighting its jurisprudential assumptions, philosophical confusion, historical inconsistency, unworkability, complexity, and failure to reflect the essentially punitive …


"The Key-Stone To The Arch": Unlocking Section 13'S Original Meaning, Kevin Bendesky Feb 2024

"The Key-Stone To The Arch": Unlocking Section 13'S Original Meaning, Kevin Bendesky

University of Pennsylvania Journal of Constitutional Law

The Supreme Court of Pennsylvania holds that Section 13 of the State’s constitution, which prohibits all “cruel punishments,” is coextensive with the Eighth Amendment, which prohibits only punishments that are both “cruel and unusual.” Rather than analyze the state provision independently, the court defers to the U.S. Supreme Court’s interpretation of the Eighth Amendment. This, says the court, is because Pennsylvania history does not provide evidence that the Commonwealth’s prohibition differs from the federal one. And without that historical basis, the court believes it is bound by federal precedent. This is mistaken.

History reveals that Pennsylvanians had a distinct, original …


The Federal War On Guns: A Story In Four-And-A-Half Acts, Brandon E. Beck Feb 2024

The Federal War On Guns: A Story In Four-And-A-Half Acts, Brandon E. Beck

University of Pennsylvania Journal of Constitutional Law

“History is a jangle of accidents, blunders, surprises and absurdities, and so is our knowledge of it, but if we are to report it at all we must impose some order upon it.”

Beginning in the early 1990s, the Executive Branch took a novel approach to the enforcement of federal firearms offenses. It replaced traditional notions of restraint with a newfound willingness to exercise its power broadly, leading to a sharp increase in the number of federal firearms offenders that continues today. A recent development, however, threatens to dismantle the core of the federal firearms scheme. Decided in 2022, the …


Implicit Bias, Structural Bias, And Implications For Law And Policy, Goodwin Liu Jan 2024

Implicit Bias, Structural Bias, And Implications For Law And Policy, Goodwin Liu

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Equal Protection Against Policing, Evan Bernick Jan 2024

Equal Protection Against Policing, Evan Bernick

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Insanity-Plea Bargains: A Constitutionally And Practically Good Idea?, Sarah J. Goodman Jan 2023

Insanity-Plea Bargains: A Constitutionally And Practically Good Idea?, Sarah J. Goodman

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Unfinished Revolution For Immigrant Civil Rights, Allison B. Tirres Jan 2023

The Unfinished Revolution For Immigrant Civil Rights, Allison B. Tirres

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Education For Learners With Disabilities As A Social Right, Dimitris Anastasiou, Ilias Bantekas Jan 2023

Education For Learners With Disabilities As A Social Right, Dimitris Anastasiou, Ilias Bantekas

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Challenging The Constitutionality Of Qualified Immunity, Taylor Kordsiemon Jan 2023

Challenging The Constitutionality Of Qualified Immunity, Taylor Kordsiemon

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Exigencies, Not Exceptions: How To Return Warrant Exceptions To Their Roots, Michael Gentithes Jan 2023

Exigencies, Not Exceptions: How To Return Warrant Exceptions To Their Roots, Michael Gentithes

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Fugitives From Slavery And The Lost History Of The Fourth Amendment, Michael J. Zydney Mannheimer Jan 2023

Fugitives From Slavery And The Lost History Of The Fourth Amendment, Michael J. Zydney Mannheimer

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Racial Justice: The Failure Of The Warren Court's Criminal Procedure, George C. Thomas Iii Jan 2023

Racial Justice: The Failure Of The Warren Court's Criminal Procedure, George C. Thomas Iii

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Past And Future Of Procedure Scholarship, James E. Pfander Jan 2022

The Past And Future Of Procedure Scholarship, James E. Pfander

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Exploring The Interpretation And Application Of Procedural Rules: The Problem Of Implicit And Institutional Racial Bias, Edward A. Purcell Jr. Jan 2022

Exploring The Interpretation And Application Of Procedural Rules: The Problem Of Implicit And Institutional Racial Bias, Edward A. Purcell Jr.

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Virtual Guilty Pleas, Jenia I. Turner Jan 2022

Virtual Guilty Pleas, Jenia I. Turner

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Juries, Democracy, And Petty Crime, John D. King Jan 2022

Juries, Democracy, And Petty Crime, John D. King

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Dred Scott And Asian Americans: Was Chief Justice Taney The First Critical Race Theorist?, Kevin R. Johnson Jan 2022

Dred Scott And Asian Americans: Was Chief Justice Taney The First Critical Race Theorist?, Kevin R. Johnson

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Appointment Of Counsel In Collateral Review, Diana Cummiskey Jan 2022

The Appointment Of Counsel In Collateral Review, Diana Cummiskey

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Good Cops, Bad Cops, And The Exclusionary Rule, Andrew M. Carter Jan 2021

Good Cops, Bad Cops, And The Exclusionary Rule, Andrew M. Carter

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Constitution Of Black Abolitionism: Reframing The Second Founding, James W. Fox Jr. Jan 2021

The Constitution Of Black Abolitionism: Reframing The Second Founding, James W. Fox Jr.

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


A Backdoor Bivens Remedy: State Civil Rights Torts And The Federal Tort Claims Act, Aseem Chipalkatti Jan 2021

A Backdoor Bivens Remedy: State Civil Rights Torts And The Federal Tort Claims Act, Aseem Chipalkatti

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Young Adults And Criminal Culpability, Amber Venturelli Jan 2021

Young Adults And Criminal Culpability, Amber Venturelli

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Olc Emoluments Clause Jurisprudence In The Executive Branch, Arthur H. Garrison Jan 2021

The Olc Emoluments Clause Jurisprudence In The Executive Branch, Arthur H. Garrison

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Punishing The Poor: Challenging Carceral Debt Practices Under Bearden And M.L.B., Tyler Smoot Jan 2021

Punishing The Poor: Challenging Carceral Debt Practices Under Bearden And M.L.B., Tyler Smoot

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Mass Seizure And Mass Search, Gregory Brazeal Jan 2020

Mass Seizure And Mass Search, Gregory Brazeal

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


23policemenandme: Analyzing The Constitutional Implications Of Police Use Of Commercial Dna Databases, Evan Frohman Jan 2020

23policemenandme: Analyzing The Constitutional Implications Of Police Use Of Commercial Dna Databases, Evan Frohman

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Wardlow Revisited: How Media Coverage Of Police Brutality Makes Empirical Data More Relevant Than Ever, Jack T. Vanderford Jan 2020

Wardlow Revisited: How Media Coverage Of Police Brutality Makes Empirical Data More Relevant Than Ever, Jack T. Vanderford

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Machine Learning Evidence: Admissibility And Weight, Patrick W. Nutter Feb 2019

Machine Learning Evidence: Admissibility And Weight, Patrick W. Nutter

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Immigration Adjudication Bankruptcy, Jill E. Family Jan 2019

Immigration Adjudication Bankruptcy, Jill E. Family

University of Pennsylvania Journal of Constitutional Law

No abstract provided.