Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (2696)
- Constitutional Law (1797)
- Courts (375)
- Supreme Court of the United States (374)
- State and Local Government Law (318)
-
- Legal History (280)
- Civil Rights and Discrimination (216)
- Social and Behavioral Sciences (214)
- Jurisprudence (202)
- Arts and Humanities (175)
- Legislation (173)
- Judges (170)
- Criminal Law (169)
- Law and Politics (160)
- First Amendment (158)
- Criminal Procedure (149)
- Law and Society (145)
- Fourteenth Amendment (131)
- President/Executive Department (116)
- History (108)
- Political Science (97)
- International Law (89)
- Public Law and Legal Theory (84)
- Comparative and Foreign Law (83)
- Human Rights Law (78)
- Law Enforcement and Corrections (73)
- Administrative Law (71)
- Civil Law (70)
- United States History (69)
- Law and Gender (63)
- Institution
-
- University of Michigan Law School (332)
- Touro University Jacob D. Fuchsberg Law Center (270)
- Fordham Law School (237)
- Selected Works (208)
- SelectedWorks (123)
-
- Maurer School of Law: Indiana University (112)
- University of Richmond (76)
- The University of Akron (68)
- American University Washington College of Law (57)
- University of Missouri School of Law (56)
- University of Maryland Francis King Carey School of Law (53)
- Pepperdine University (52)
- Boston University School of Law (51)
- Georgetown University Law Center (51)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (51)
- University of Kentucky (44)
- New York Law School (43)
- Seattle University School of Law (40)
- Notre Dame Law School (30)
- Cleveland State University (28)
- Case Western Reserve University School of Law (26)
- Liberty University (25)
- Roger Williams University (25)
- Columbia Law School (24)
- University of Georgia School of Law (24)
- St. Mary's University (21)
- Georgia Southern University (20)
- Florida International University College of Law (19)
- George Washington University Law School (19)
- Minnesota State University, Mankato (19)
- Publication Year
- Publication
-
- Touro Law Review (240)
- Michigan Law Review (166)
- Faculty Scholarship (144)
- Fordham Law Review (106)
- Articles (99)
-
- Indiana Law Journal (99)
- Faculty Publications (80)
- Scholarly Works (79)
- University of Richmond Law Review (60)
- Correspondence (53)
- Georgetown Law Faculty Publications and Other Works (49)
- Pepperdine Law Review (41)
- Seattle University Law Review (36)
- Journal Articles (35)
- Law Faculty Scholarly Articles (34)
- Schmooze 'tickets' (31)
- Missouri Law Review (29)
- Akron Law Review (27)
- ConLawNOW (22)
- NYLS Law Review (22)
- Robert G. Natelson (20)
- All Faculty Scholarship (19)
- American University Law Review (19)
- Faculty Articles (19)
- GW Law Faculty Publications & Other Works (19)
- Articles in Law Reviews & Other Academic Journals (18)
- Constitution (18)
- ExpressO (18)
- Law Faculty Publications (16)
- Law Faculty Research Publications (16)
- Publication Type
Articles 1 - 30 of 3045
Full-Text Articles in Entire DC Network
The Impact Of Federalism On Immigration: A Reconstruction Of The System To Alleviate The Immigration Crisis In America, Theresa Lam
Senior Honors Theses
Illegal immigration is a complex and relevant issue in the United States. In particular, its long-term implications for American communities has elevated its significance. Within America’s federalist system, the immigration dilemma has raised tension among federal, state, and local governments, which have different perspectives on how to approach the matter. The federal government is responsible for enforcing immigration laws but delegates numerous immigration responsibilities to state and local law enforcement. However, the degree to which local officials should cooperate with federal authorities is the subject of intense debate. Should immigration enforcement be a federal or local responsibility? Under federalism and …
An Analysis Of The Abortion Fight's History, Facts, And Strategies In A Post-Roe V. Wade World, Jeremy Kang
An Analysis Of The Abortion Fight's History, Facts, And Strategies In A Post-Roe V. Wade World, Jeremy Kang
Helm's School of Government Conference - American Revival: Citizenship & Virtue
Despite the Supreme Court’s Dobbs decision reversing Roe v. Wade - thereby giving states the freedom to regulate abortion as they saw fit - no significant decline in abortion numbers followed, raising the question: what is the right way to fight abortion?
One factor to be considered: how does the Constitution permit the different levels of government to tackle this topic? For half a century the Roe decision allowed the federal government to trump a state’s right to choose the level of abortion restrictions it deemed fit. Now the decision has been returned to the states. But which decision was …
Symposium: Gender, Health & The Constitution: On The Constitutional Requirement For Adequate Prenatal Care Post-Dobbs, Ainslee Johnson-Brown
Symposium: Gender, Health & The Constitution: On The Constitutional Requirement For Adequate Prenatal Care Post-Dobbs, Ainslee Johnson-Brown
ConLawNOW
This Essay argues that state abortion statutes codifying government interests in the health and welfare of the unborn trigger a constitutional right to prenatal care where adequate medical care is constitutionally required in the penal system. It explores the healthcare mandates required by the U.S. Constitution in the era before the passage of the Supreme Court’s decision in Dobbs, specifically looking at abortion access and prenatal provisions in the penological system. It then dissects abortion-related legislation passed by various states in the wake of Dobbs—emphasizing language within the legislative findings that could trigger a constitutional obligation for prenatal …
Willfully Forgetting Miranda's True Nature: Vega V. Tekoh Severs The Warnings Requirement From The Constitution, George M. Dery Iii
Willfully Forgetting Miranda's True Nature: Vega V. Tekoh Severs The Warnings Requirement From The Constitution, George M. Dery Iii
Marquette Law Review
This Article analyzes Vega v. Tekoh, in which the Supreme Court ruled that
a violation of Miranda was not a violation of the Fifth Amendment privilege
against self-incrimination. This Article examines the original language of the
Miranda opinion, the statements and intentions of the members of the Miranda
Court, and subsequent precedent to determine Miranda’s true nature. Further,
this Article examines the reasoning of Vega and the dangers created by its
pronouncements, especially in light of the Court’s earlier characterization of
Miranda as a constitutional rule in Dickerson v. United States. This Article
asserts that the Justices who …
Full Faith And Credit In The Post-Roe Era, Celia P. Janes
Full Faith And Credit In The Post-Roe Era, Celia P. Janes
Duke Journal of Constitutional Law & Public Policy Sidebar
In 2022, the Supreme Court overturned Roe v. Wade, once again leaving the question of whether abortion should be legal to individual state legislatures. This decision allowed the Texas law known as S.B. 8, alternatively known as the Texas Heartbeat Act, to go into effect. The law allows private individuals to sue anyone who has performed or has aided and abetted the performance or inducement of an abortion in Texas. California responded to this law with Assembly Bill 2091, which prevents California state courts from issuing subpoenas arising under S.B. 8 and similar laws in other states. This Note addresses …
June 24, 2022, Bisma Shoaib
“Improve Your Privileges While They Stay”: A Guide To Improve The Privileges Of U.S. Citizenship For Everybody, Joshua J. Schroeder
“Improve Your Privileges While They Stay”: A Guide To Improve The Privileges Of U.S. Citizenship For Everybody, Joshua J. Schroeder
Touro Law Review
In 1767, the young Phillis Wheatley wrote from her position of slavery in the Wheatley home of Boston to “ye sons of Science” at Harvard College, telling them to “improve your privileges while they stay.” She beheld the startling privileges of learning and discovery bestowed upon an elite group of young, rich white men in Boston and celebrated their privileges. Neither did she scorn those whose luck had placed a bounty of privilege upon their laps, for she likely planned to share in that bounty herself, one day. When she was only 13 or 14, Wheatley sublimely encouraged grown men …
State Sovereign Immunity And The New Purposivism, Anthony J. Bellia, Bradford R. Clark
State Sovereign Immunity And The New Purposivism, Anthony J. Bellia, Bradford R. Clark
Journal Articles
Since the Constitution was first proposed, courts and commentators have debated the extent to which it alienated the States’ preexisting sovereign immunity from suit by individuals. During the ratification period, these debates focused on the language of the citizen-state diversity provisions of Article III. After the Supreme Court read these provisions to abrogate state sovereign immunity in Chisholm v. Georgia, Congress and the States adopted the Eleventh Amendment to prohibit this construction. The Court subsequently ruled that States enjoy sovereign immunity independent of the Eleventh Amendment, which neither conferred nor diminished it. In the late twentieth-century, Congress began enacting statutes …
Subjectively Speaking, The Applicable Standard For Deficient Medical Treatment Of Pretrial Detainees Should Be One Of Objective Reasonableness, Benjamin R. Black
Subjectively Speaking, The Applicable Standard For Deficient Medical Treatment Of Pretrial Detainees Should Be One Of Objective Reasonableness, Benjamin R. Black
Touro Law Review
There is no uniformity amongst the circuits when it comes to pretrial detainees claims for inadequate medical care. The circuits are currently grappling with this problem, applying two separate tests to pretrial detainees’ 42 U.S.C. § 1983 claims depending on the jurisdiction in which the incident arose. The test that should be applied across all circuits is one of objective reasonableness. However, some circuits do not see it that way, applying the deliberate indifference standard, also known as the subjective standard test. The circuits applying the subjective standard are relying on case law that does not properly analyze the rights …
The Author-Ity Of Ai: Navigating The Legal Landscape Of Artificial Intelligence Authorship, John R. Sepúlveda
The Author-Ity Of Ai: Navigating The Legal Landscape Of Artificial Intelligence Authorship, John R. Sepúlveda
Touro Law Review
This Article discusses the problems that arise when trying to protect works that involve generative AI. It will detail how authorship currently is interpreted under U.S. law and how the courts and the U.S. Copyright Office interpret the authorship requirement. This Article will also present some practical tips on how to navigate current U.S. law and obtain a copyright registration.
(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson
(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson
Faculty Scholarship
Can rights litigation meaningfully advance social change in this moment? Many progressive or social justice legal scholars, lawyers, and advocates would argue “no.” Constitutional decisions issued by the U.S. Supreme Court thwart the aims of progressive social movements. Further, contemporary social movements often decenter courts as a primary domain of social change. In addition, a new wave of legal commentary urges progressives to de-emphasize courts and constitutionalism, not simply tactically but as a matter of democratic survival.
This Essay considers the continuing role of rights litigation, using the litigation over race-conscious affirmative action as an illustration. Courts are a key …
The Establishment Of The American Judicial System Through Marbury Vs. Madison, Conner White
The Establishment Of The American Judicial System Through Marbury Vs. Madison, Conner White
Tenor of Our Times
Marbury, Madison, Marshall, Supreme Court, Justice, Jefferson, America, Constitution, 1800, Democratic-Republican, Federalist, Judiciary
Development Of The Right To Privacy In Montana Discourse And The Montana Constitution, Scott A. O'Donnell
Development Of The Right To Privacy In Montana Discourse And The Montana Constitution, Scott A. O'Donnell
Undergraduate Theses, Professional Papers, and Capstone Artifacts
No abstract provided.
The Constitution's Blind Spots: A Discourse Analysis Of Marginalization Within The United States Constitution, Ellie Martel
The Constitution's Blind Spots: A Discourse Analysis Of Marginalization Within The United States Constitution, Ellie Martel
Honors Program Theses and Projects
The United States Constitution begins with the words "We the People,” yet several groups of people were overlooked as it was being crafted. The alienated populace felt that the governing constitution should reflect people of all sexes, genders, races, and nationalities, given the diversity of this nation. Although it took time and effort, the abolitionist and women's rights movements contributed to the formulation of the amendments that would extend constitutional rights to underrepresented groups. The purpose of this thesis is to look deeper at the phrases used in texts to uncover feelings and common themes that presented themselves in speeches …
Vega V. Tekoh And The Erosion Of Miranda: A Reframing Of Miranda As A Procedural Due Process Requirement, Tess A. Chaffee
Vega V. Tekoh And The Erosion Of Miranda: A Reframing Of Miranda As A Procedural Due Process Requirement, Tess A. Chaffee
University of Cincinnati Law Review
No abstract provided.
Must Courts Recalibrate Tort Law Governing Firearms In Light Of The Second Amendment?, Lars Noah
Must Courts Recalibrate Tort Law Governing Firearms In Light Of The Second Amendment?, Lars Noah
University of Cincinnati Law Review
The rules governing the scope of liability in cases where firearms cause injuries—some well-established, others fairly novel—help to define the responsibilities of users, owners, and sellers of these popular but dangerous products. As the U.S. Supreme Court has recently expanded an individual’s right to keep and bear arms, some have wondered whether the Second Amendment might operate to limit the reach of these various tort doctrines. Sixty years ago, the Court started to constitutionalize various aspects of state common law, most famously using the First Amendment to limit defamation claims but in other respects as well. A comparable approach to …
Originalism's Time Machine: A Resurrected Relationship To The State, Douglas B. Mckechnie J.D.
Originalism's Time Machine: A Resurrected Relationship To The State, Douglas B. Mckechnie J.D.
Lincoln Memorial University Law Review Archive
For almost sixty years, the constitutional understanding of physical autonomy in the U.S. included the right to end a pregnancy. This modern understanding of constitutional rights began with the Supreme Court’s evolutive interpretation of the Constitution in the mid-Twentieth Century and continued to expand into the Twenty-first Century. In Dobbs v. Jackson Women’s Health Organization, however, the Court reasoned that the right to physical autonomy it had identified fifty years earlier, in Roe vs. Wade, was not deeply rooted in the nation’s history and thus wrongly established by the Court. This Originalist interpretation of the Constitution rearranged the constitutional order. …
121st Sibley Lecture: American Democracy In Peril, J. Michael Luttig
121st Sibley Lecture: American Democracy In Peril, J. Michael Luttig
Georgia Law Review
No abstract provided.
Parting The Red Sea: Prescriptions For The Rluipa Equal Terms Provision's Expanding Circuit Split, Braden T. Meadows
Parting The Red Sea: Prescriptions For The Rluipa Equal Terms Provision's Expanding Circuit Split, Braden T. Meadows
Georgia Law Review
Congress unanimously passed the Religious Land Use and Institutionalized Persons Act (RLUIPA) in 2000. The Act marked the culmination of a decades-long dialogue between Congress and the Supreme Court. RLUIPA’s passage embodied Congress’s resolve to provide religious free exercise protections—particularly as it pertained to religious land use. Since 2000, however, RLUIPA’s Equal Terms Provision has been subject to differing judicial interpretations, resulting in an expanding circuit split. This Note analyzes the circuit split and offers guidance to future interpreters.
First, this Note examines the social, legislative, and judicial history leading to RLUIPA’s enactment. Second, it analyzes the contours of interpretations …
Billionaire Taxes And The Constitution, Andy Grewal
Billionaire Taxes And The Constitution, Andy Grewal
Georgia Law Review
The United States now has ten times as many billionaires as it had just a few decades ago. This ever-growing class has sparked congressional interest in “billionaire tax” proposals. These proposals would generally require that billionaires recognize income when their asset values increase, even if they have not sold their assets.
Under existing doctrine, billionaire taxes likely violate the realization requirement embedded in the Sixteenth Amendment of the Constitution. However, this Article argues that existing Sixteenth Amendment doctrine suffers from deep infirmities and theoretical inconsistencies. With the conceptually sound interpretive approach advanced in this Article, a billionaire tax could pass …
Command And Control: Operationalizing The Unitary Executive, Gary S. Lawson
Command And Control: Operationalizing The Unitary Executive, Gary S. Lawson
Faculty Scholarship
The concept of the unitary executive is written into the Constitution by virtue of Article II’s vesting of the “executive Power” in the President and not in executive officers created by Congress. Defenders and opponents alike of the “unitary executive” often equate the idea of presidential control of executive action with the power to remove executive personnel. But an unlimitable presidential removal power cannot be derived from the vesting of executive power in the President for the simple reason that it would not actually result in full presidential control of executive action, as the actions of now-fired subordinates would still …
Originalism After Dobbs, Bruen, And Kennedy: The Role Of History And Tradition, Randy E. Barnett, Lawrence B. Solum
Originalism After Dobbs, Bruen, And Kennedy: The Role Of History And Tradition, Randy E. Barnett, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
In three recent cases, the constitutional concepts of history and tradition have played important roles in the reasoning of the Supreme Court. Dobbs v. Jackson Women’s Health Organization relied on history and tradition to overrule Roe v. Wade. New York State Rifle & Pistol Ass’n v. Bruen articulated a history and tradition test for the validity of laws regulating the right to bear arms recognized by the Second Amendment. Kennedy v. Bremerton School District looked to history and tradition in formulating the test for the consistency of state action with the Establishment Clause.
These cases raise important questions about …
The Uncertain Future Of Constitutional Democracy In The Era Of Populism: Chile And Beyond, Samuel Issacharoff, Sergio Verdugo
The Uncertain Future Of Constitutional Democracy In The Era Of Populism: Chile And Beyond, Samuel Issacharoff, Sergio Verdugo
University of Miami Law Review
Largely missing from the extensive discussions of populism and illiberal democracy is the emerging question of 21st century constitutionalism. Nowadays, it is hard to see relevant constitutional changes without a strong appeal to direct popular political participation. Institutional mechanisms such as referenda, citizens’ assemblies, and constitutional conventions emerge as near-universal parts of the canon of every academic and political discussion on how constitutions should be enacted and amended. This Article’s aim is to offer a cautionary approach to the way participatory mechanisms can work in constitution-making and to stress the difference between the power to ratify constitutional proposals and the …
A Theory Of Federalization Doctrine, Gerald S. Dickinson
A Theory Of Federalization Doctrine, Gerald S. Dickinson
Dickinson Law Review (2017-Present)
The doctrine of federalization—the practice of the U.S. Supreme Court consulting state laws or adopting state court doctrines to guide and inform federal constitutional law—is an underappreciated field of study within American constitutional law. Compared to the vast collection of scholarly literature and judicial rulings addressing the outsized influence Supreme Court doctrine and federal constitutional law exert over state court doctrines and state legislative enactments, the opposite phenomenon of the states shaping Supreme Court doctrine and federal constitutional law has been under-addressed. This lack of attention to such a singular feature of American federalism is striking and has resulted in …
Brief Of Amici Curiae Administrative And Federal Regulatory Law Professors In Support Of Respondents, Andrew F. Popper
Brief Of Amici Curiae Administrative And Federal Regulatory Law Professors In Support Of Respondents, Andrew F. Popper
Amicus Briefs
Amici write to address the first question presented: whether Chevron should be overruled. Properly understood, it should not. Chevron has been much discussed but not always understood. On the one hand, courts have sometimes misapplied the doctrine or failed to understand its legal foundations. On the other, courts and commentators alike have criticized Chevron, often as a result of such aggressive applications. This case provides an opportunity for the Court to clarify what Chevron does and does not entail, while reaffirming the essential role that judicial recognition of constitutionally delegated policymaking authority plays in federal statutory programs. Many of …
A Fireside Chat With A Senator Sheldon Whitehouse, Roger Williams University School Of Law
A Fireside Chat With A Senator Sheldon Whitehouse, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Border Enforcement As State-Created Danger, Jenny-Brooke Condon, Lori A. Nessel
Border Enforcement As State-Created Danger, Jenny-Brooke Condon, Lori A. Nessel
St. John's Law Review
(Excerpt)
A woman seeks refuge at the U.S. border, but U.S. officials force her to wait for her asylum hearing in Mexico where a police officer later stalks and rapes her. A father and child suffer unbearable trauma after U.S. officials separate them under a policy aimed at deterring migration. A formerly healthy family loses a loved one to the coronavirus while forced to wait at an unsanitary, makeshift tent city in Mexico after fleeing for safety to the United States. For the people impacted by U.S. border policies, the southern border is a dangerous place—it is the site of …
Contractual Freedom: A Fundamental Right? A Reading Of The Texts Of Tunisian Law, Hafidh Kithem Dr.
Contractual Freedom: A Fundamental Right? A Reading Of The Texts Of Tunisian Law, Hafidh Kithem Dr.
UAEU Law Journal
public law. Which makes his access to private law and getting closer of contractual freedom impossible, if we recall "Rohm": “The wall separating the two branches of law is more robust than the Berlin Wall”.
It should also be recognized that the encounter between "contractual freedom" and "fundamental right" is not a simple matter because of a spice-time difference. The "fundamental right" (the young man) - in contrast to contractual freedom, which was likened to the old woman - is a modern concept.
But transcending the barriers of time and space seems to be an urgent need, perhaps because this …
Law School News: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman
Law School News: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman
Life of the Law School (1993- )
No abstract provided.
Historical Understanding In The U.S. Constitution, Kristopher W. Chesterman
Historical Understanding In The U.S. Constitution, Kristopher W. Chesterman
Doctoral Dissertations and Projects
How did the America’s Founding Fathers use historical knowledge to inform their actions and decisions that ultimately led to the creation of the Constitution? This dissertation begins to answer this question by providing context to the Framers’ education on both colonial and personal levels. Starting with exposure to historical content through learning Greek and Latin, this research explores the depth of historical knowledge possessed by the Founders and how they used that knowledge to explain their thoughts and ideas throughout the tumultuous years surrounding the American Revolutionary War. This aspect of the Constitution’s formation is overshadowed by the prominence of …