Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Western New England University School of Law

2022

Constitutional Law

Articles 1 - 3 of 3

Full-Text Articles in Entire DC Network

Constitutional Law—Loyalty, Money, And Business: The New Price For A Presidential Pardon, Zachary J. Broughton Jan 2022

Constitutional Law—Loyalty, Money, And Business: The New Price For A Presidential Pardon, Zachary J. Broughton

Western New England Law Review

The President of the United States, pursuant to Article II of the Constitution, has the sole power to issue pardons that free individuals of the confines and limitations of federal prosecution and conviction. In his only term as President so far, Donald Trump issued approximately 143 pardons. Several of those pardons were directed to those who attempted to interfere with the 2016 presidential election by way of lying to investigators and members of Congress and by tampering with evidence and witnesses. Many other pardons issued by President Trump were given only to those who had close ties to the Republican …


Constitutional Law—Penalizing The “Unsightly”: An Argument For The Abolishment Of Laws Criminalizing Life-Sustaining Behaviors Among The Homeless, Carli Ross Jan 2022

Constitutional Law—Penalizing The “Unsightly”: An Argument For The Abolishment Of Laws Criminalizing Life-Sustaining Behaviors Among The Homeless, Carli Ross

Western New England Law Review

Thousands of people across the country suffer from homelessness. Instead of funding more shelters or dealing with the lack of subsidized housing, cities have chosen to rely on the criminal justice system to regulate homeless behavior. Homeless individuals are being punished with fines and potential jail time for sleeping, sitting, gathering, and camping in public. Not only does this practice contribute to the homelessness crisis in the United States, but it also creates an additional obstacle for homeless individuals. Additionally, relying on the criminal justice system is more costly than helping homeless individuals find a permanent shelter. The Ninth Circuit …


Constitutional Law—Answering Justice Barrett’S Fulton Prompt: The Case For A Narrow Reconsideration Of Free Exercise, Andrew Lavender Jan 2022

Constitutional Law—Answering Justice Barrett’S Fulton Prompt: The Case For A Narrow Reconsideration Of Free Exercise, Andrew Lavender

Western New England Law Review

In Fulton v. City of Philadelphia, the Supreme Court, for the second time in three years, considered a case involving the conflict between First Amendment religious, speech, and associational freedoms and the civil rights of the LGBTQ community. And, for the second time, the Court arrived at an apparent compromise, issuing a narrow, factual ruling in favor of the party seeking an exception from antidiscrimination law while avoiding any firm precedent that might create a broader exception.

In addition to this substantive dodge, the Court also “sidestep[ped] the question on which certiorari had been granted: whether to overrule Employment …