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

Law Commons™

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

Constitutional Law

Selected Works

Selected Works

Constitutional Law, Generally

Articles 1 - 30 of 52

Full-Text Articles in Law

A Quantum Congress, Jorge R. Roig Dec 2014

A Quantum Congress, Jorge R. Roig

Jorge R Roig

This article tries to address the problem of a corrupt and broken electoral system that has been captured by special interests through big money spending in political campaigns, while at the same time preserving the spirit of the Free Speech Clause of our Constitution. In doing so, this article first reviews and summarizes the different alternatives proposed as potential fixes for the campaign finance problem. It then explains why none of the proposed alternatives can accomplish the dual goals set out above. Finally, the article briefly sketches a proposal for a fundamental reworking of our representative democracy by substituting legislative …

Go to article

The First Thing We Do, Jorge R. Roig Dec 2013

The First Thing We Do, Jorge R. Roig

Jorge R Roig

There is currently a concerted effort to dumb down America. In the midst of this, the American Bar Association’s Council of the Section on Legal Education and Admissions to the Bar recently agreed to propose that tenure for law professors be eliminated as a requirement for accreditation of law schools. This article analyzes the arguments for and against tenure in legal academia, and concludes that the main proposed justifications for eliminating tenure are highly questionable, at best. A lawyer is more than a legal technocrat. Lawyers are policy makers and public defenders. They are prosecutors and activists. And the development …

Go to article

¿Con La Misma Vara? Los Altibajos De La Igual Protección De Las Leyes En Las Opiniones Del Juez Federico Hernández Denton, Jorge R. Roig Dec 2013

¿Con La Misma Vara? Los Altibajos De La Igual Protección De Las Leyes En Las Opiniones Del Juez Federico Hernández Denton, Jorge R. Roig

Jorge R Roig

La carrera del juez presidente Federico Hernández Denton como juez del Tribunal Supremo de Puerto Rico abarca cuatro distintas décadas durante las cuales la sociedad puertorriqueña ha experimentado dramáticos cambios. Desde los intentos por eliminar el hostigamiento sexual y la violencia doméstica hasta el desarrollo de los derechos civiles de los individuos y las parejas homosexuales; desde el cierre de las urbanizaciones adineradas y el enclaustre de la clase media hasta los despidos masivos en el gobierno y la constitucionalización de las escoltas de los ex gobernadores; los cambios experimentados por los puertorriqueños no nos han tocado a todos por …

Go to article

The Constitution, The Roberts Court & Business: The Significant Business Impact Of The Supreme Court's 2011-2012 Term, Corey A. Ciocchetti Dec 2012

The Constitution, The Roberts Court & Business: The Significant Business Impact Of The Supreme Court's 2011-2012 Term, Corey A. Ciocchetti

Corey A Ciocchetti

The 2011-2012 Supreme Court term created quite the media buzz. The Affordable Care Act cases and the controversial Arizona immigration law dominated the headlines. But the term also included other fascinating yet less sensationalized cases. The Court heard its fair share of criminal law controversies involving derelict defense attorneys and prosecutors as well as civil procedure disputes involving qualified immunity for witness in grand jury proceedings and private parties assisting the government in litigation. The justices also entertained arguments on a federal law allowing United States citizens born in Jerusalem to have “Israel” stamped as their birthplace on a passport. …

Go to article

Emerging Technologies And Dwindling Speech, Jorge R. Roig Dec 2012

Emerging Technologies And Dwindling Speech, Jorge R. Roig

Jorge R Roig

Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context, …

Go to article

Federal Judicial Selection And The Senate's Blue Slip "Tradition.", Tuan Samahon Sep 2012

Federal Judicial Selection And The Senate's Blue Slip "Tradition.", Tuan Samahon

Tuan Samahon

No abstract provided.

Go to article

Of Cops And Bumper Stickers: Notes Toward A Theory Of Selective Prosecution, Richard Delgado Mar 2012

Of Cops And Bumper Stickers: Notes Toward A Theory Of Selective Prosecution, Richard Delgado

Richard Delgado

The author, Professor Richard Delgado, takes as his point of departure a remark by the chair of the Colorado committee that voted academic sanctions against Ward Churchill. This essay explores the role of retaliatory motives in academic misconduct cases. In Churchill’s case, Colorado authorities delved deeply and painstakingly into Churchill’s publications only when it appeared that the state could not fire him from his tenured position for his inflammatory remarks on the victims of the 9/11 tragedy. What bearing should the investigation’s relation to the hue and cry that led to it have on its own legitimacy? Professor Delgado examines …

Go to article

Migration And Immigrants In International Declarations And United States Law, Michael Scaperlanda Dec 2011

Migration And Immigrants In International Declarations And United States Law, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

Blackmun (And Scalia) At The Bat: The Court's Separation-Of-Powers Strike Out In Freytag: Symposium: The Worst Supreme Court Case Ever, Tuan Samahon Dec 2011

Blackmun (And Scalia) At The Bat: The Court's Separation-Of-Powers Strike Out In Freytag: Symposium: The Worst Supreme Court Case Ever, Tuan Samahon

Tuan Samahon

No abstract provided.

Go to article

Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge R. Roig Dec 2011

Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge R. Roig

Jorge R Roig

Computer source code is the lifeblood of the Internet. It is also the brick and mortar of cyberspace. As such, it has been argued that the degree of control that a government can wield over code can be a powerful tool for controlling new technologies. With the advent and proliferation in the Internet of social networking media and platforms for the publication and sharing of user-generated content, the ability of individuals across the world to communicate with each other has reached truly revolutionary dimensions.
The influence of Facebook in the popular revolutions of the Arab Spring has been well documented. …

Go to article

Paths To Citizenship, Michael Scaperlanda Aug 2011

Paths To Citizenship, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

To Bind Up The Nation's Wounds: Rekindling The Spirit Of Our Living Constitution, Michael Scaperlanda Dec 2010

To Bind Up The Nation's Wounds: Rekindling The Spirit Of Our Living Constitution, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

The Czar's Place In Presidential Administration, And What The Excepting Clause Teaches Us About Delegation, Tuan Samahon Dec 2010

The Czar's Place In Presidential Administration, And What The Excepting Clause Teaches Us About Delegation, Tuan Samahon

Tuan Samahon

No abstract provided.

Go to article

Porous Borders And Creative Federalism: Is Arizona Rushing The United States Toward Immigration Reform?, Michael Scaperlanda Sep 2010

Porous Borders And Creative Federalism: Is Arizona Rushing The United States Toward Immigration Reform?, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

Immigration Reform, Michael Scaperlanda Feb 2010

Immigration Reform, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

The Profane And The Sacred In A Secularized Culture: A Comparative Analysis Of Cohen V. California And Lee V. Wiseman, Michael Scaperlanda Oct 2009

The Profane And The Sacred In A Secularized Culture: A Comparative Analysis Of Cohen V. California And Lee V. Wiseman, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

Religious Symbolism And Secular Purpose, Michael Scaperlanda Oct 2009

Religious Symbolism And Secular Purpose, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

Responses To Those In Our Midst: A Debate On Illegal Immigration, Michael Scaperlanda, William Chip Jan 2009

Responses To Those In Our Midst: A Debate On Illegal Immigration, Michael Scaperlanda, William Chip

Michael A. Scaperlanda

No abstract provided.

Go to article

Aliens Among Us: A Catholic Response, Michael Scaperlanda Jan 2009

Aliens Among Us: A Catholic Response, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

The Human Face Of Immigration, Michael Scaperlanda Mar 2008

The Human Face Of Immigration, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

State Immigration Laws And The Question Of Religious Freedom, Michael Scaperlanda Feb 2008

State Immigration Laws And The Question Of Religious Freedom, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

Immigration Reform, Michael Scaperlanda Jan 2008

Immigration Reform, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

Justice And Mercy: Catholic Legal Theory And The Immigration Question, Michael Scaperlanda Jan 2008

Justice And Mercy: Catholic Legal Theory And The Immigration Question, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

Seeing The Face Of Christ In The Immigrant, Michael Scaperlanda Dec 2007

Seeing The Face Of Christ In The Immigrant, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

Law School Legends On Audio Cd: Immigration Law, Michael Scaperlanda Dec 2007

Law School Legends On Audio Cd: Immigration Law, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

Religious Freedom In The Face Of Harsh State And Local Immigration Laws, Michael Scaperlanda Dec 2007

Religious Freedom In The Face Of Harsh State And Local Immigration Laws, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

Lincoln's Second Inaugural Address: Framing The Dialogue Between Secularists And Theists In The United States Today, Michael Scaperlanda Oct 2007

Lincoln's Second Inaugural Address: Framing The Dialogue Between Secularists And Theists In The United States Today, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

Immigration Reform And The Family Structure, Michael Scaperlanda Feb 2007

Immigration Reform And The Family Structure, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

The End Of Nevada's Ban On Partisan Judicial Campaign Speeches, Tuan Samahon Jan 2007

The End Of Nevada's Ban On Partisan Judicial Campaign Speeches, Tuan Samahon

Tuan Samahon

No abstract provided.

Go to article

Reflections On Immigration Reform, The Workplace, And The Family, Michael Scaperlanda Dec 2006

Reflections On Immigration Reform, The Workplace, And The Family, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Go to article

Next Last