Law Commons^™

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 …

Fourth Amendment Privacy In Public: A Fundamental Theory With Application To Location Tracking, Jordan Wallace-Wolf

Faculty Scholarship

When we walk out our front door, we are in public and other people may look at us. But intuitively, we don’t open ourselves up to unlimited scrutiny just by going outside. We retain some privacy, even in public. What is the source of this residual public-privacy, and how should the law recognize it without degrading the open character of public space?

The answer given by commentators, and most recently by the Supreme Court in Carpenter v. U.S., comes in the form of two related claims. The first is the chilling theory of the Fourth Amendment. According to this idea, …

Constitutional Law—Why Amending The Consitution To Overrule Citizens United Is The Wrong Way To Fix Campaign Finance In The United States, Zachary Hale

University of Arkansas at Little Rock Law Review

No abstract provided.

Private Prisons And The New Marketplace For Crime, André Douglas Pond Cummings, Adam Lamparello

Faculty Scholarship

A saner and safer prison policy in the United States begins by ending the scourge of the private prison corporation and returning crime and punishment to public function. We continue by radically reimagining our sentencing policies and reducing them significantly for non-violent crimes. We end the War on Drugs, once and for all, and completely reconfigure our drug and prison policy by legalizing and regulating marijuana use and providing health services to addicts of harder drugs and using prison for only violent drug kingpins and cartel bosses. We stop the current criminalization of immigration in its tracks and block the …

A Supreme Court Homecoming, George S. Isaacson

The Journal of Appellate Practice and Process

No abstract provided.

Constitutional Law—Fourth Amendment And Seizures— Accidental Seizures By Deadly Force: Who Is Seized During A Police Shootout? Plumhoff V. Rickard, 134 S. Ct. 2012 (2014)., Adam D. Franks

University of Arkansas at Little Rock Law Review

No abstract provided.

Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?, David H. Hudson Jr., Emily H. Harvey

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—First Amendment & Freedom Of Speech—Students May Be Regarded As Closed-Circuit Recipients Of The State's Anti Drug Message: The Supreme Court Creates A New Exception To The Tinker Student Speech Standard. Morse V. Frederick, 127 S. Ct. 2618 (2007), Megan D. Hargraves

University of Arkansas at Little Rock Law Review

This note argues that the Supreme Court's decision in Morse significantly weakens students' free speech rights. Although the Court stated that students "do not shed their constitutional rights at the school house gates," its decisions, in effect, weakens Tinker's important holding that students are entitled to First Amendment protection. The note asserts that the Court's opinion broadens schools' authority to regulate student speech in ways that are contrary to fundamental First Amendment values and explicitly allows schools to engage in highly suspect viewpoint discrimination.

The note first examines some of the fundamental First Amendment values at stake in student speech …

Constitutional Law—Commerce Clause—California Takes A Hit: The Supreme Court Upholds Congressional Authority Over The State-Approved Use Of Medicinal Marijuana. Gonzales V. Raich, 545 U.S. 1 (2005)., Rick Behring Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Direct Shipment Of Alcohol—Well-Aged And Finally Uncorked: The Supreme Court Decides Whether The Twenty-First Amendment Grants States The Power To Avoid The Dormant Commerce Clause. Granholm V. Heald, 125 S. Ct. 1885 (2005)., Robert L. Jones Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Fourteenth Amendment—The Path Leads To Nowhere: The Supreme Court Re-Examines The Trek Through The Political Thicket. Vieth V. Jubelirer, 541 U.S. 267 (2004)., Vanessa L. Kinney

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—First Amendment And Freedom Of Thought—Banishing Sex Offenders: Seventh Circuit Upholds Sex Offender's Ban From Public Parks After Thinking Obscene Thoughts About Children. Doe V. City Of Lafayette, 377 F.3d 757 (7th Cir. 2004)., Elizabeth Cloud

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—The Fourth Amendment Challenge To Dna Sampling Of Arrestees Pursuant To The Justice For All Act Of 2004: A Proposed Modification To The Traditional Fourth Amendment Test Of Reasonableness, Kimberly A. Polanco

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Fourth Amendment—Knock And Announce: The Ninth Circuit Knocks And The Supreme Court Announces A Re-Emphasis On The Case-By-Case Analysis.United States V. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Separation Of Powers—Restoring The Constitutional Formula To The Federal Judicial Appointment Process: Taking The Vice Out Of "Advice And Consent", Jason Eric Sharp

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Education And Equal Protection—Towards Intelligence And Virtue: Arkansas Embarks On A Court-Mandated Search For An Adequate And Equitable School Funding System. Lake View School District No. 25 V. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002)., Brian E. Carter

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—True Threat Doctrine And Public School Speech—An Expensive View Of A School's Authority To Discipline Allegedly Threatening Student Speech Arising Off Campus. Doe V. Pulaski County Special School District, 306 F.3d 616 (8th Cir. 2002)., William Bird

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin

The Journal of Appellate Practice and Process

Judicial review allows the Supreme Court of the United States to perform revolutionary constitutional change. The United States Courts of Appeals could also be a vehicle for revolutionary constitutional adjudication.

The American Constitution: A Double Life, Lawrence M. Friedman

University of Arkansas at Little Rock Law Review

No abstract provided.

The Creeping Eruption Of Mt. Healthy, Morell E. Mullins Sr.

Faculty Scholarship

No abstract provided.

Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright

Faculty Scholarship

No abstract provided.

Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright

Faculty Scholarship

No abstract provided.