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Full-Text Articles in Law
Foreword, Madeline Cline
The Long Road To Dobbs, Earl M. Maltz
The Long Road To Dobbs, Earl M. Maltz
UC Law Constitutional Quarterly
For anti-abortion activists, the recent decision in Dobbs v. Jackson Women’s Health Organization represented the culmination of a decadeslong campaign to reverse the holding of Roe v. Wade and eliminate constitutional constraints on governmental authority to limit access to abortions. In 1992, despite the fact that the Court was dominated at that time by justices who had been chosen by Presidents who were openly critical of the prochoice position, these activists had been sorely disappointed by the outcome in Planned Parenthood of Southeastern Pennsylvania v. Casey, in which a majority of the justices had reaffirmed their support for what was …
The Constitution’S Waning Enforceability: Constitutional Torts After Egbert & Vega, Bailey D. Barnes
The Constitution’S Waning Enforceability: Constitutional Torts After Egbert & Vega, Bailey D. Barnes
UC Law Constitutional Quarterly
The 2021 term of the Supreme Court of the United States produced two opinions significantly dampening the future of constitutional tort actions, which are cases brought to remedy a government agent’s deprivation of an individual’s constitutional rights. First, in Egbert v. Boule, the Court refused to extend Bivens liability to an excessive force claim made against a United States Border Patrol Agent. Second, in Vega v. Tekoh, the Court contravened the traditional understanding of the Fifth Amendment’s Self-Incrimination Clause by preventing a § 1983 civil rights action against a sheriff’s deputy who procured an un-Mirandized statement from a criminal suspect. …
Denaturalization And The Negative Effects Of Widespread Insecurity In Citizenship For Naturalized Citizens, Saman Hashemi
Denaturalization And The Negative Effects Of Widespread Insecurity In Citizenship For Naturalized Citizens, Saman Hashemi
UC Law Constitutional Quarterly
No abstract provided.
Lost In The Fire: Reflections On The Tulsa Race Massacre Centennial, Alina Ball
Lost In The Fire: Reflections On The Tulsa Race Massacre Centennial, Alina Ball
UC Law Constitutional Quarterly
The Tulsa Race Massacre centennial, occurring on the heels of the Movement for Black Lives and its historic national spotlight on racial inequity, provides a rare moment to be reflective about how transactional lawyering can advance racial and economic justice. This Essay examines the Greenwood District to not only explain the continuing economic disenfranchisement of people of color, but also provide transactional lawyers a case study through which they can critically examine their efforts to move beyond the rhetoric of economic development to rooting out racial violence and oppression that threatens not merely minority-owned businesses, but the lives of people …
A Candle In The Labyrinth: A Guide For Immigration Attorneys To Assert Habeas Corpus After Dhs V. Thuraissigiam, Joshua J. Schroeder
A Candle In The Labyrinth: A Guide For Immigration Attorneys To Assert Habeas Corpus After Dhs V. Thuraissigiam, Joshua J. Schroeder
UC Law Constitutional Quarterly
In the summer of 2020, immigration law seemed to become the gravitational center of presidential power. After the Supreme Court decided several immigration cases in favor of the executive department, former President Trump cited “the DACA case” to support a new constitutional theory that “[t]he Supreme Court gave the president of the United States powers that nobody thought the president had.” Accordingly, Trump began to issue presidential legislation including “an immigration plan, a health care plan, and various other plans.”
Trump also began to occupy cities that were politically opposed to his presidency with ICE and CBP agents, including BORTAC …
History And Tradition Or Fantasy And Fiction: Which Version Of The Past Will The Supreme Court Choose In Nysrpa V. Bruen?, Saul Cornell
History And Tradition Or Fantasy And Fiction: Which Version Of The Past Will The Supreme Court Choose In Nysrpa V. Bruen?, Saul Cornell
UC Law Constitutional Quarterly
No abstract provided.
Behind The Screen: The Constitutionality Of Remote Testimony For Survivors Of Domestic Violence, Rachel Harris
Behind The Screen: The Constitutionality Of Remote Testimony For Survivors Of Domestic Violence, Rachel Harris
UC Law Constitutional Quarterly
“Before my hearing for my order of protection, I knew that he would try to contact me through other people, send me flowers, send presents to the kids, and all of those things will make me feel powerless when I have to go into court and see him face-to-face. I knew after all of that I would tell the judge that I changed my mind and that I am going to give him another chance. But being on the screen, I tell you, gave me a sense of empowerment. When the judge asked me if I wanted an order of …
Foreword, Meron Wendwesen, Katrina Uyehara
Foreword, Meron Wendwesen, Katrina Uyehara
UC Law Constitutional Quarterly
No abstract provided.
Unintentional Destruction: Torres V. Madrid, In Defining A Fourth Amendment Seizure Of The Person As A Common Law Arrest, Turned Terry V. Ohio Into Collateral Damage, George M. Dery Iii
Unintentional Destruction: Torres V. Madrid, In Defining A Fourth Amendment Seizure Of The Person As A Common Law Arrest, Turned Terry V. Ohio Into Collateral Damage, George M. Dery Iii
UC Law Constitutional Quarterly
This article analyzes Torres v. Madrid, in which the Supreme Court ruled an officer seized a person when he shot her, even though the suspect temporarily eluded capture after the shooting. This work examines the logical implications of Torres’s reasoning. Torres equated a Fourth Amendment seizure of the person with a common law arrest and defined an arrest to include an officer’s slightest touching of a person, even with only a finger. This article asserts that the force of Torres’s logic has elevated the Terry stop and frisk to a full arrest because Terry’s intrusion involves official touching and control …
State Constitutional Law Declares Its Independence: Double Protecting Rights During A Time Of Federal Constitutional Upheaval, Scott L. Kafker
State Constitutional Law Declares Its Independence: Double Protecting Rights During A Time Of Federal Constitutional Upheaval, Scott L. Kafker
UC Law Constitutional Quarterly
No abstract provided.
Foreword, Meron Wendwesen, Katrina Uyehara
Foreword, Meron Wendwesen, Katrina Uyehara
UC Law Constitutional Quarterly
No abstract provided.
Making A Constitutional “Son Of Sam” Law: Netflix’S Booming True Crime Business, Justin Burnworth
Making A Constitutional “Son Of Sam” Law: Netflix’S Booming True Crime Business, Justin Burnworth
UC Law Constitutional Quarterly
No abstract provided.
Nobody’S Business: A Novel Theory Of The Anonymous First Amendment, Jordan Wallace-Wolf
Nobody’S Business: A Novel Theory Of The Anonymous First Amendment, Jordan Wallace-Wolf
UC Law Constitutional Quarterly
Namelessness is a double-edged sword. It can be a way of avoiding prejudice and focusing attention on one’s ideas, but it can also be a license to defame and misinform. These points have been widely discussed. Still, the breadth of these discussions has left some of the depths unplumbed, because rarely is the question explicitly faced: what is the normative significance of namelessness itself, as opposed to its effects under different conditions? My answer is that anonymity is an evasion of responsibility for one’s conduct. Persons should ordinarily be held responsible for what they do, but in some cases, where …
Deepfake Reckoning: Adapting Modern First Amendment Doctrine To Protect Against The Threat Posed To Democracy, Alyssa Ivancevich
Deepfake Reckoning: Adapting Modern First Amendment Doctrine To Protect Against The Threat Posed To Democracy, Alyssa Ivancevich
UC Law Constitutional Quarterly
No abstract provided.
Foreword, Richelle Joy Gernan
Presidential Impunity And The Mueller Report: How The Department Of Justice’S Failure To Subject The Special Counsel Regulations To Notice And Comment Undermined The Rule Of Law, M. Akram Faizer
UC Law Constitutional Quarterly
Department of Justice (“DOJ”) Special Counsel, Robert S. Mueller, III’s two-volume, 448-page Report on the Investigation into Russian Interference in the 2016 Presidential Election (“the Report”), did an outstanding job in evidencing that President Trump’s actions in office satisfied the federal obstruction of justice standards. However, due to Mueller’s limited brief and his concern for maintaining the proper separation of powers, the Report, submitted confidentially to former Attorney General Barr as required by Department of Justice Regulations, abjured a determination as to Presidential criminality. This regulatory confidentiality requirement in conjunction with the requirement that Barr disclose an unverifiable Report summary …
Disability Rights And The Louisiana Constitution, Derek Warden
Disability Rights And The Louisiana Constitution, Derek Warden
UC Law Constitutional Quarterly
The Louisiana Constitution contains three Equal Protection Clauses. Article I, section 3 prohibits discriminatory laws; but, as an original matter, should prohibit both discriminatory laws and government conduct. Article I, section 12 prohibits discrimination by individuals (government or private) in regard to access to public places. Finally, article I, section 2, the Due Process Clause, also contains an Equal Protection component. Each clause prohibits discrimination on the basis of “physical condition,” which contains a general “disability” component. Based upon statements from the Louisiana Constitutional Convention and other modalities of constitutional argument, this article concludes that these clauses—individually and in conjunction— …
Presidential Removal: Impeachment As A Tool To Promote Democracy In Haïti, Brynna Bolt
Presidential Removal: Impeachment As A Tool To Promote Democracy In Haïti, Brynna Bolt
UC Law Constitutional Quarterly
No abstract provided.
Foreword, Richelle Joy Gernan
The Demographics Of Death: An Early Look At Covid-19, Cultural And Racial Bias In America, Eddie Bernice Johnson, Lawrence J. Trautman
The Demographics Of Death: An Early Look At Covid-19, Cultural And Racial Bias In America, Eddie Bernice Johnson, Lawrence J. Trautman
UC Law Constitutional Quarterly
During late 2019, reports emerged that a mysterious coronavirus was resulting in high contagion and many deaths in Wuhan, China. In just a few weeks, cases rose quickly in Seattle, spread to California, and the first in- stance of the virus appeared in New York (from Iran) on March 1, 2020. As the months pass, it is abundantly clear that less wealthy Americans have far fewer options amid the new normal of shelter-in-place orders, school closings, and shuttered businesses. For example, the poor and other populations may be genetically pre-disposed to heart disease and diabetic issues, but poverty also dictates …
Recapturing Democracy: Covid-19 And The 2020 Presidential Election, John Taschner
Recapturing Democracy: Covid-19 And The 2020 Presidential Election, John Taschner
UC Law Constitutional Quarterly
America is in the business of selling and maintaining democracy around the world. Through aid, provision, humanitarian relief, guidance, and forcible action if need be, the United States stands for democracy. At the birth of the country, the biggest threat to the founding fathers was someone assuming the highest position of leadership in the country and, thereafter, becoming unwilling to transition power. In the aftermath of the 2020 Presidential Election, this exact worst-case-scenario from more than two hundred years had played out amidst numerous lawsuits and demands for recounted votes in order to have only the “legal” votes counted towards …
How Does It Feel To Be A Solution?: How South Asian Migration From 1885 To 1923 Created A Modern South Asian “Other” Used To Promote Conservative Rhetoric, Ayushi Neogi
UC Law Constitutional Quarterly
This note seeks to understand the place of a South Asian American in a country that considers itself bi-racial. The note analyzes the racial ambiguity of the South Asian in two major historical contexts. First, it provides an overview of the legal history of South Asian migration, the first “wave” of which occurred from 1885 to 1923. It analyzes the various exclusionary laws (both state and federal) that set a framework for how to view and treat the common Indian migrant. It further looks at California and the Pacific North- west’s deliberate, xenophobic acts during this time period, such as …