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Full-Text Articles in Law
The Supreme Court Review Act: Fast-Tracking The Interbranch Dialogue And Destabilizing The Filibuster, Aaron-Andrew P. Bruhl
The Supreme Court Review Act: Fast-Tracking The Interbranch Dialogue And Destabilizing The Filibuster, Aaron-Andrew P. Bruhl
JCL Online
This Essay presents an analysis of the Supreme Court Review Act, a bill that was recently introduced in Congress. The Act would create a streamlined legislative process for bills responding to new Supreme Court decisions that interpret federal statutes or restrict constitutional rights. By facilitating legislative responses to controversial cases, the Act would promote the “dialogue” that commentators and the courts themselves have used as a model for interbranch relations. The Essay describes how the proposed Supreme Court Review Act would work, discusses some of its benefits, addresses its constitutionality, and raises some questions about its implementation and effects.
Duty To Contract: Free Labor Ideology And Contractual Freedom In The Postbellum South, 1865-1867, Janice Y. Jiang
Duty To Contract: Free Labor Ideology And Contractual Freedom In The Postbellum South, 1865-1867, Janice Y. Jiang
JCL Online
This essay explores the ways in which the right to contract interacted with the free labor ideology at this pivotal moment in American legal history. It examines this relationship by looking at the perspectives of four groups of historical actors: grassroots actors such as anti-slavery activists and ordinary laborers, legislatures of the former Confederate states, agents of the Freedmen’s Bureau, and federal lawmakers in the 39th Congress. This essay argues that, although Congress legislated some of the key grassroots demands on a system of free labor and the right to contract through constitutional amendments and federal statutes, enforcement by the …
Compelled Climate Speech, Michael Zschokke
Compelled Climate Speech, Michael Zschokke
JCL Online
Climate change threatens nearly every corner of human life and may structurally change the global financial system. Investors increasingly demand information about how climate change may impact their investments. In response, the U.S. Securities and Exchange Commission issued a proposed rule that would require registered companies to disclose certain climate-related information in their registration statements and annual reports. But some critics argue that this proposed rule is unconstitutional under the Supreme Court’s current doctrine on compelled and commercial speech.
This doctrine misunderstands the First Amendment. When corporations engage in speech that possesses commercial and non-commercial characteristics, the Court’s binary, categorical …
A Weighty Question: Substantial Burden And Free Exercise, Jess Zalph
A Weighty Question: Substantial Burden And Free Exercise, Jess Zalph
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Campbell V. Reisch: The Dangers Of The Campaign Loophole In Social-Media-Blocking Litigation, Clare R. Norins, Mark L. Bailey
Campbell V. Reisch: The Dangers Of The Campaign Loophole In Social-Media-Blocking Litigation, Clare R. Norins, Mark L. Bailey
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Masthead
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Why Do Public Students In High School Get More Free Speech Protection Than In Universities? A Comparative Analysis Of “Off-Campus” Free Speech In Secondary School And Post-Secondary Public Schooling, Madeline Feldman Fenton
Why Do Public Students In High School Get More Free Speech Protection Than In Universities? A Comparative Analysis Of “Off-Campus” Free Speech In Secondary School And Post-Secondary Public Schooling, Madeline Feldman Fenton
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Insanity-Plea Bargains: A Constitutionally And Practically Good Idea?, Sarah J. Goodman
Insanity-Plea Bargains: A Constitutionally And Practically Good Idea?, Sarah J. Goodman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Constitutional Whodunnits: Maintaining Section 1983 And Bivens Suits Against Unidentified State Actors, Samuel Rossum
Constitutional Whodunnits: Maintaining Section 1983 And Bivens Suits Against Unidentified State Actors, Samuel Rossum
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Interbranch Equity, Jonathan Shaub
Interbranch Equity, Jonathan Shaub
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Unfinished Revolution For Immigrant Civil Rights, Allison B. Tirres
The Unfinished Revolution For Immigrant Civil Rights, Allison B. Tirres
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Status-Based Prosecution: Conflict, Confusion And The Quest For Coherence, John K. Cornwell
Status-Based Prosecution: Conflict, Confusion And The Quest For Coherence, John K. Cornwell
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Constitutional Backfires Everywhere, Sarah L. Swan
Constitutional Backfires Everywhere, Sarah L. Swan
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Education For Learners With Disabilities As A Social Right, Dimitris Anastasiou, Ilias Bantekas
Education For Learners With Disabilities As A Social Right, Dimitris Anastasiou, Ilias Bantekas
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Challenging The Constitutionality Of Qualified Immunity, Taylor Kordsiemon
Challenging The Constitutionality Of Qualified Immunity, Taylor Kordsiemon
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
A Tale Of Two Declarations, Bradley Rebeiro
A Tale Of Two Declarations, Bradley Rebeiro
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
A Tale Of Two Americas, Kermit Roosevelt Iii
A Tale Of Two Americas, Kermit Roosevelt Iii
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Common Law Constitutionalism And The Protean First Amendment, Ronald J. Krotoszynski Jr.
Common Law Constitutionalism And The Protean First Amendment, Ronald J. Krotoszynski Jr.
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Exigencies, Not Exceptions: How To Return Warrant Exceptions To Their Roots, Michael Gentithes
Exigencies, Not Exceptions: How To Return Warrant Exceptions To Their Roots, Michael Gentithes
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Second Middle Passage: How Anti-Abortion Laws Perpetuate Structures Of Slavery And The Case For Reproductive Justice, Halley Townsend
Second Middle Passage: How Anti-Abortion Laws Perpetuate Structures Of Slavery And The Case For Reproductive Justice, Halley Townsend
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Voting Rights In Alabama, 2006 To 2022, Deuel Ross
Voting Rights In Alabama, 2006 To 2022, Deuel Ross
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Can States Restrict The Constitutional Right To Bear Arms By Following The Design Of Texas Bill 8?, Amin R. Yacoub, Becky Briggs
Can States Restrict The Constitutional Right To Bear Arms By Following The Design Of Texas Bill 8?, Amin R. Yacoub, Becky Briggs
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Fugitives From Slavery And The Lost History Of The Fourth Amendment, Michael J. Zydney Mannheimer
Fugitives From Slavery And The Lost History Of The Fourth Amendment, Michael J. Zydney Mannheimer
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Appellate Waiver In Pennsylvania And Its Effect On Litigants’ Rights To Appeal, Sarah Reeves
Appellate Waiver In Pennsylvania And Its Effect On Litigants’ Rights To Appeal, Sarah Reeves
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Racial Justice: The Failure Of The Warren Court's Criminal Procedure, George C. Thomas Iii
Racial Justice: The Failure Of The Warren Court's Criminal Procedure, George C. Thomas Iii
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Articulating Our Law: Some Remarks On Baude And Sachs, Quentin Fisher
Articulating Our Law: Some Remarks On Baude And Sachs, Quentin Fisher
University of Pennsylvania Journal of Constitutional Law
No abstract provided.