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Full-Text Articles in Law
Presidential Constitutionalism And Civil Rights, Joseph Landau
Presidential Constitutionalism And Civil Rights, Joseph Landau
Faculty Scholarship
As the judicial and legislative branches have taken a more passive approach to civil rights enforcement, the President’s exercise of independent, extrajudicial constitutional judgment has become increasingly important. Modern U.S. presidents have advanced constitutional interpretations on matters of race, gender, HIV-status, self-incrimination, reproductive liberty, and gun rights, and President Obama has been especially active in promoting the rights of lesbian, gay, bisexual, and transgender (LGBT) persons — most famously by refusing to defend the Defense of Marriage Act (DOMA). Commentators have criticized the President’s refusal to defend DOMA from numerous perspectives but have not considered how the President’s DOMA policy …
Hazelwood V. Kuhlmeier And The University: Why The High School Standard Is Here To Stay, Christopher N. Lavigne
Hazelwood V. Kuhlmeier And The University: Why The High School Standard Is Here To Stay, Christopher N. Lavigne
Fordham Urban Law Journal
In Hazelwood School District v. Kuhlmeier, the Supreme Court evaluated the administrative control of a high school newspaper and held that public school officials could control speech in school-sponsored activities if they did so for legitimate pedagogical reasons. While the Court reserved the question of whether this standard should be applicable at the university level, various federal circuit courts have since applied this speech-restrictive standard to student speech at colleges and universities. In light of these circuit court opinions, there has been considerable debate about whether and to what extent the Hazelwood framework should apply to college and university students. …
Poverty, Inequality, And Class In The Structural Constitutional Law Course, Stephen Loffredo
Poverty, Inequality, And Class In The Structural Constitutional Law Course, Stephen Loffredo
Fordham Urban Law Journal
This Article argues that poverty and income inequality issues should be taught in a constitutional law course. Furthermore, it argues that these issues should not only be considered when discussing due process, equal protection, the First Amendment, but in also within the context of structural constitutional law, i.e. separation of powers and federalism.
Plenary Power And Constitutional Outcasts: Federal Power, Critical Race Theory, And The Second, Ninth, And Tenth Amendments , Nicholas J. Johnson
Plenary Power And Constitutional Outcasts: Federal Power, Critical Race Theory, And The Second, Ninth, And Tenth Amendments , Nicholas J. Johnson
Faculty Scholarship
Rights and power in modern American constitutionalism are conceptually interdependent: "We have no way of thinking about constitutional rights independent of what powers it would be prudent or desirable for government to have." In an era where substantive boundaries on federal power seem ephemeral, this suggests that what we call rights may be primarily fair weather or illusory barriers to the exercise of power.From a majoritarian perspective, the shifting boundary between rights and powers, and the capacity of power to consume rights, may be unproblematic and even attractive. If the exercise of plenary power reflects majority will, then this exercise …
Regulation Of Advertising And Promotional Pracitces Of Public Utilities Under The First Amendment, Thomas G. Carulli
Regulation Of Advertising And Promotional Pracitces Of Public Utilities Under The First Amendment, Thomas G. Carulli
Fordham Urban Law Journal
This Note examines the first amendment right of public utility corporations in light of the recent restrictions imposed on how these corporations communicate with their subscribers and the public in general. Specifically, this Note will focus "on the regulations promulgated by the New York Public Service Commission which prohibited the use of bill inserts on controversial matters of public policy and banned all promotional advertising by public utility corporations."