Law Commons^™

Foreword: New Supreme Court Cases: Duquesne Law Faculty Explains, Wilson Huhn

Law Faculty Publications

On September 30, 2022, several members of the faculty of the Thomas R. Kline School of Law of Duquesne University presented a Continuing Legal Education program, New Supreme Court Cases: Duquesne Law Faculty Explains, reviewing these developments. Duquesne Law Review graciously invited the faculty panel to contribute their analysis of these cases from the Supreme Court's 2021- 2022 term for inclusion in this symposium issue of the Law Review.

An Alternative To The Independent State Legislature Doctrine, Bruce Ledewitz

Law Faculty Publications

One of the most momentous actions taken by the United States Supreme Court in the last term was not deciding a case but granting review at the end of the term in Moore v. Harper, the North Carolina congressional redistricting case. This is the case in which the Supreme Court appears likely to adopt some version of the Independent State Legislature Doctrine (Doctrine). In this essay, I will describe the actual case and the Doctrine. But I will also be offering an alternative to the Doctrine, one that I believe achieves some of the goals that the Justices who …

Analysis Of Carson V. Makin, Wilson Huhn

Law Faculty Publications

Many school districts in the State of Maine lack high schools, so the children in those districts must attend another school selected by their parents. In 1873 the State of Maine enacted a tuition assistance program that offers a stipend to participating schools to partially defray the cost of educating children from districts that lack a high school. In 1981 the State of Maine enacted a law that categorically excludes sectarian schools’ from participating in the tuition assistance program.

Three sets of parents sued the Commissioner of the Maine Department of Education, asserting that the exclusion of sectarian schools, from …

El Juicio Político O Impeachment En Los Estados Unidos, Robert S. Barker

Law Faculty Publications

I. El origen ingles -- II. La constitución de los estados unidos -- III. El primer caso: Blount -- IV. El caso Chase -- V. El caso Johnson -- VI. El caso Belknap -- VII. La controversia Watergate, 1972-1974 -- VIII. Los casos Clinton y Trump -- IX. Los casos contra jueces de tribunales federales inferiores, 1873-2010 -- X. El caso Walter Nixon -- XI. Cuestiones no resueltas -- XII. Conclusión -- XIII. Bibliografía.

Appealing Compelled Disclosures In Discovery That Threaten First Amendment Rights, Richard L. Heppner Jr.

Law Faculty Publications

Last year, the Supreme Court held in Americans for Prosperity Foundation v. Bonta that a California anti-fraud policy compelling charities to disclose the identities of their major donors violated the First Amendment. That holding stems from the 1958 case NAACP v. Alabama where the Court held that a discovery order compelling the NAACP to disclose the names of its members violated the First Amendment right of free association because of the members’ justifiable fear of retaliation.

In the over sixty years since NAACP v. Alabama, the Court has only decided a handful of cases about how compelled disclosures of …

Foreword: A Century Since Suffrage: How Did We Get Here? Where Will We Go? How Will We Get There?, Rona Kaufman

Law Faculty Publications

One hundred years have passed since (white) women attained the right to vote. In the century since the Nineteenth Amendment was ratified, American women have transitioned from an existence as mere objects of history to becoming active subjects of history. In 2019 and 2020, many programs and conferences were organized to celebrate the achievements of America's women and commemorate the 100th anniversary of women's suffrage. The Section on Women in Legal Education hosted a program at the January 2020 American Association of Law Schools (AALS) Annual Meeting titled, “A Century Since Suffrage: How Did We Get Here? Where Will We …

The Arab Spring: An Essay On Revolution And Constitutionalism. By Antoni Abat I Ninet And Mark Tushnet. Elgar. [Book Review], Dana Neacsu

Law Faculty Publications

An American audience may not know Professor Ninet, but they surely are aware of Professor Tushnet, who has achieved the distinction of being both on the far left of the legal profession and on its more conservative front. In its earliest inception, Critical Legal Studies (“CLS”), as Gary Minda explains,

attempted to recreate a ‘left intelligentsia’ in American law. Except for the legal realists of the thirties and forties, and a handful of sixties Marxists, there has never been a serious ‘leftist’ presence in American legal education. To establish a left intelligentsia in American law one would have to break …