Law Commons^™

Obvious But Not Clear: The Right To Refuse To Cooperate With The Police During A Terry Stop, Sam Kamin, Zachary Shiffler

American University Law Review

No abstract provided.

James Madison, Citizens United, And The Constitutional Problem Of Corruption, Anthony J. Gaughan

American University Law Review

No abstract provided.

Cve And Constitutionality In The Twin Cities: How Countering Violent Extremism Threatens The Equal Protection Rights Of American Muslims In Minneapolis-St. Paul, Sarah Chaney Reichenbach

American University Law Review

In 2011, President Barack Obama announced a national strategy for countering violent extremism (CVE) to attempt to prevent the “radicalization” of potential violent extremists. The Obama Administration intended the strategy to employ a community-based approach, bringing together the government, law enforcement, and local communities for CVE efforts. Despite claiming to target extremism in all forms, government-funded CVE programs in the United States have almost exclusively focused on Islamic extremism. One pilot program focused on the Twin Cities in Minnesota—Minneapolis and St. Paul—home to the largest Somali community in the United States, most of whom are Muslim. The Trump Administration has …

The Aggregate And Implied Powers Of The United States, Robert J. Reinstein

American University Law Review

No abstract provided.

Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk

American University Law Review

No abstract provided.

The Political Question Doctrines, John Harrison

American University Law Review

No abstract provided.

"Natural Born Citizen", Thomas H. Lee

American University Law Review

No abstract provided.

The Political Question Doctrines, John Harrison

American University Law Review

No abstract provided.

"Natural Born Citizen", Thomas H. Lee

American University Law Review

No abstract provided.

Fair For Whom? Why Debt-Collection Lawsuits In St. Louis Violate The Procedural Due Process Rights Of Low-Income Communities, Aimee Constantineau

American University Law Review

No abstract provided.

The New Fisa Court Amicus Should Be Able To Ignore Its Congressionally Imposed Duty, Ben Cook

American University Law Review

No abstract provided.

The Perils And Possibilities Of Refugee Federalism, Burch Elias

American University Law Review

No abstract provided.

School Vouchers And Tax Benefits In Federal And State Judicial Constitutional Analysis, Joseph O. Oluwole, Preston C. Green Iii

American University Law Review

No abstract provided.

Walker V. Texas Division, Sons Of Confederate Veterans, Inc. And License Plate Speech: A Dangerous Roadblock For The First Amendment, Morgan E. Creamer

American University Law Review

No abstract provided.

"Your Corrupt Ways Had Finally Made You Blind": Prosecutorial Misconduct And The Use Of "Ethnic Adjustments" In Death Penalty Cases Of Defendants With Intellectual Disabilities, Michael L. Perlin

American University Law Review

No abstract provided.

Shoot First, Ask Later: Constitutional Rights At The Border After Boumediene, Brittany Davidson

American University Law Review

Adopting Boumediene's functional approach in analyzing extraterritorial application of the United States Constitution at the U.S.-Mexico border will promote uniformity and provide guidance to courts and officials. Currently, courts are applying Verdugo-Urquidez's sufficient connections test, and different variations thereof permitting courts to arbitrarily decide who is entitled to constitutional protection in the absence of uniform precedent. Adopting Boumediene as the guiding test will not automatically trigger constitutional protection, instead, constitutional protection will only be granted if extending protection to an alien at the U.S.-Mexico border is justified based on the three-prong test.

Iq Intelligence Tests, "Ethnic Adjustments" And Atkins, Robert M. Sanger

American University Law Review

No abstract provided.

The Young And The Restless: How The Twenty-Sixth Amendment Could Play A Role In The Current Debate Over Voting Laws, Nancy Turner

American University Law Review

The Twenty-Sixth Amendment is commonly understood as lowering the voting age to eighteen. However, a close look at the Amendment's language and history indicates that the Twenty-Sixth Amendment does more than just grant a right. Properly read, the Twenty-Sixth Amendment acts as an antidiscrimination law similar to the Fourteenth, Fifteenth, and Nineteenth Amendments. Accordingly, the Twenty-Sixth Amendment possesses the power not just to invalidate legislation that explicitly contravenes its purpose, but also to neutralize facially neutral legislation that was enacted with a discriminatory intent. Using Fourteenth and Fifteenth Amendment jurisprudence as a guide, this Comment proposes a framework for structuring …

Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman

American University Law Review

While federal circuit courts play an essential role in defining what the Constitution means, one would never know it from looking at most constitutional scholarship. The bulk of constitutional theory sees judge-made constitutional law through a distorted lens, one that focuses solely on the Supreme Court with virtually no attention paid to other parts of the judicial hierarchy. On the rare occasions where circuit courts appear on the radar screen, they are treated either as megaphones for communicating the Supreme Court’s directives or as tools for implementing the theorist’s own interpretive agenda. Both approaches would homogenize the way circuit courts …

Modeling The Second Amendment Right To Carry Arms (I): Judicial Tradition And The Scope Of "Bearing Arms" For Self-Defense, Michael P. O'Shea

American University Law Review

This Article sheds light on a major constitutional question opened up by the United States Supreme Court’s landmark decisions in District of Columbia v. Heller and McDonald v. City of Chicago: Does the Second Amendment “right to bear arms” include a right to carry a handgun for self-defense outside the home? Some courts and commentators have declared that Heller held that the Second Amendment right is limited to the home, so that restrictions on handgun carrying do not even fall within the scope of the Second Amendment. Others assert that the potential applicability of the right to bear arms outside …

May It Please The Senate: An Empirical Analysis Of The Senate Judiciary Committee Hearings Of Supreme Court Nominees, 1939-2009, Lori A. Ringhand, Paul M. Collins Jr.

American University Law Review

No abstract provided.

Judicial Erasure Of Mixed-Race Discrimination, Nancy Leong

American University Law Review

Jurisprudential remedies for racial discrimination presume the existence of clear categories. Indeed, Carolene Products’ classic allusion to “discrete and insular minorities” evokes racial groups that are readily identified and defined. Yet this reliance on categories renders antidiscrimination jurisprudence inhospitable to claims brought by individuals identified as multiracial and discriminated against on that basis. By addressing racial discrimination exclusively through categories, courts have lost sight of the fact that the purpose of antidiscrimination law is not to protect individuals from discrimination based on membership in recognized categories, but rather to protect individuals from the harms inflicted by racism.

This Article explores …

Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled , Ross M. Oklewicz

American University Law Review

No abstract provided.

Redistricting And Discriminatory Purpose , Michael J. Pitts

American University Law Review

State and local governments covered by the preclearance provision in Section 5 of the Voting Rights Act will soon be submitting their redistricting plans to the federal government (most often the United States Attorney General) for approval. The Attorney General can deny preclearance to a redistricting plan by finding that the plan violates Section 5’s discriminatory purpose standard. Currently, no detailed framework has been developed for determining when a redistricting plan fails to satisfy the discriminatory purpose standard. This Article fills that void by proposing such a framework - one built from judicial opinions, statutory language, legislative history, executive branch …

When Leviathan Speaks: Reining In The Government-Speech Doctrine Through A New And Restrictive Approach, Carl G. Denigris

American University Law Review

No abstract provided.

Stepping Out Of The Vehicle: The Potential Of Arizona V. Gant To End Automatic Searches Incident To Arrest Beyond The Vehicular Context , Angad Singh

American University Law Review

No abstract provided.

The Limits Of Executive Power, Robert J. Reinstein

American University Law Review

Justice Jackson’s concurring opinion in The Steel Seizure Case has taken on iconic status among legal scholars and had been adopted by the Supreme Court as the governing framework for evaluating presidential power. But Jackson’s principles are conclusory, do not rest on any historical foundation, and raise as many questions as they answer. He fails to examine, much less justify, the existence or scope of implied presidential powers, nor does he meaningfully explain the extent to which those powers are subject to congressional regulation and override. I apply novel originalist methodologies to answer those unexamined questions, with important consequences to …

Turning The Faucet Back On: The Future Of Mccain-Feingold's Soft-Money Ban After Davis V. Federal Election Commission, Kevin J. Madden

American University Law Review

No abstract provided.

Improper Joinder: Confronting Plaintiffs' Attempts To Destroy Federal Subject Matter Jurisdiction., Paul Rosenthal

American University Law Review

No abstract provided.

Deed Of Mistrust?: The Use Of Land Transfers To Evade The Establishment Clause, David C. Peet

American University Law Review

No abstract provided.