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Articles 1 - 30 of 46
Full-Text Articles in Law
Preserving Life By Ranking Rights, John William Draper
Preserving Life By Ranking Rights, John William Draper
Librarian Scholarship at Penn Law
Border walls, abortion, and the death penalty are the current battlegrounds of the right to life. We will visit each topic and more in this paper, as we consider ranking groups of constitutional rights.
The enumerated rights of the Due Process Clauses of the Fifth and Fourteenth Amendments—life, liberty, and property—merit special treatment. They have a deeper and richer history that involves ranking. Ranking life in lexical priority over liberty and property rights protects life first and maximizes safe liberty and property rights in the absence of a significant risk to life. This is not new law; aspects of it …
Brief Of National Law Professors Of Criminal, Procedural, And Constitutional Law, In Re Humphrey, California Supreme Court, Regarding The Imposition Of Money Bail And Conditions Of Pretrial Release, Sandra G. Mayson, Kellen R. Funk
Brief Of National Law Professors Of Criminal, Procedural, And Constitutional Law, In Re Humphrey, California Supreme Court, Regarding The Imposition Of Money Bail And Conditions Of Pretrial Release, Sandra G. Mayson, Kellen R. Funk
All Faculty Scholarship
When the government proposes to incarcerate a person before trial, it must provide thorough justification, whether the mechanism of detention is a transparent detention order or its functional equivalent, the imposition of unaffordable money bail. A court contemplating money bail must determine whether it is likely to result in detention. If so, and the court nonetheless wishes to impose it, the court must find, by clear and convincing evidence established through an adversary hearing, that the unaffordable bail amount serves a compelling interest of the state that no less restrictive condition of release can meet. This will rarely be the …
Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang
Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang
All Faculty Scholarship
Our aim in this essay is to leverage archival research, data and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, as a means to illuminate the prospects for retrenchment in the current political landscape. We follow the scheme of the book by separately considering the prospects for federal litigation retrenchment in three lawmaking sites: Congress, federal court rulemaking under the Rules Enabling Act, and the Supreme Court. Although pertinent data on current retrenchment initiatives are limited, our historical data and comparative institutional perspectives should afford a basis for informed prediction. Of course, little in …
Remedial Reading: Evaluating Federal Courts' Application Of The Prejudice Standard In Capital Sentences From "Weighing" And "Non-Weighing" States, Sarah Gerwig-Moore
Remedial Reading: Evaluating Federal Courts' Application Of The Prejudice Standard In Capital Sentences From "Weighing" And "Non-Weighing" States, Sarah Gerwig-Moore
JCL Online
No abstract provided.
Down But Not Out: Trinity Lutheran'S Implications For State No-Aid Provisions, Anthony Joseph
Down But Not Out: Trinity Lutheran'S Implications For State No-Aid Provisions, Anthony Joseph
JCL Online
No abstract provided.
Views Among College Students Regarding Freedom Of Expression: An Analysis In Light Of Key Supreme Court Decisions, John Villasenor
Views Among College Students Regarding Freedom Of Expression: An Analysis In Light Of Key Supreme Court Decisions, John Villasenor
JCL Online
No abstract provided.
A Counterfactual History Of Transgender Students' Rights, Kristi L. Bowman
A Counterfactual History Of Transgender Students' Rights, Kristi L. Bowman
JCL Online
No abstract provided.
Supervisory Liability In The Circuit Courts After Iqbal, Patrick Boynton
Supervisory Liability In The Circuit Courts After Iqbal, Patrick Boynton
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Youth And Punishment At The Roberts Court, Sara Mayeux
Youth And Punishment At The Roberts Court, Sara Mayeux
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Taming Title Ix Tensions, Naomi M. Mann
Taming Title Ix Tensions, Naomi M. Mann
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Due Process Of Lawmaking Revisited, Stephen Gardbaum
Due Process Of Lawmaking Revisited, Stephen Gardbaum
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The New Heckler's Veto: Shouting Down Speech On College Campuses, Charles S. Nary
The New Heckler's Veto: Shouting Down Speech On College Campuses, Charles S. Nary
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Diverse Originalism, Christina Mullligan
Diverse Originalism, Christina Mullligan
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Campus Discourse And Democracy: Free Speech Principles Provide Sound Guidance Even After The Tumult Of 2017, Catherine J. Ross
Campus Discourse And Democracy: Free Speech Principles Provide Sound Guidance Even After The Tumult Of 2017, Catherine J. Ross
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Right To Be Counseled: The Effect Of Collateral Consequences On The Strickland Standard, Paul Quincy
The Right To Be Counseled: The Effect Of Collateral Consequences On The Strickland Standard, Paul Quincy
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Marketplace Of Fake News, Ari Ezra Waldman
The Marketplace Of Fake News, Ari Ezra Waldman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Sanctuary Corporations: Should Liberal Corporations Get Religion?, Elizabeth Brown, Inara Scott
Sanctuary Corporations: Should Liberal Corporations Get Religion?, Elizabeth Brown, Inara Scott
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Paycheck Problem, Jennifer Mueller
The Paycheck Problem, Jennifer Mueller
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
State Legislatures And Solving The Eighth Amendment Ratchet Puzzle, Jeffrey Omar Usman
State Legislatures And Solving The Eighth Amendment Ratchet Puzzle, Jeffrey Omar Usman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Stages Of Constitutional Grief: Democratic Constitutionalism And The Marriage Revolution, Anthony Michael Kreis
Stages Of Constitutional Grief: Democratic Constitutionalism And The Marriage Revolution, Anthony Michael Kreis
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Political Process, Equal Protection, And Substantive Due Process, Jesse H. Choper, Stephen F. Ross
The Political Process, Equal Protection, And Substantive Due Process, Jesse H. Choper, Stephen F. Ross
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Talking Trump And The Twenty-Fifth Amendment: Correcting The Record On Section 4, Joel K. Goldstein
Talking Trump And The Twenty-Fifth Amendment: Correcting The Record On Section 4, Joel K. Goldstein
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Don't Answer That: Revisiting The Political Question Doctrine In State Courts, Nat Stern
Don't Answer That: Revisiting The Political Question Doctrine In State Courts, Nat Stern
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Litigating Alternative Facts: School Vaccine Mandates In The Courts, Dorit Rubinstein Reiss
Litigating Alternative Facts: School Vaccine Mandates In The Courts, Dorit Rubinstein Reiss
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Charting Vagueness Shoals Through The Narrowing Of Corruption Statutes, Khari L. Cyrus
Charting Vagueness Shoals Through The Narrowing Of Corruption Statutes, Khari L. Cyrus
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Campaign Communications And The Problem Of Government Motive, Michael Coenen
Campaign Communications And The Problem Of Government Motive, Michael Coenen
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Neoformalist Constitutional Construction And Public Employee Speech, Scott R. Bauries
Neoformalist Constitutional Construction And Public Employee Speech, Scott R. Bauries
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Masthead
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Finding Viewpoint Neutrality In Our Constitutional Constellation, Maura Douglas
Finding Viewpoint Neutrality In Our Constitutional Constellation, Maura Douglas
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Our Imperiled Absolutist First Amendment, Zachary S. Price
Our Imperiled Absolutist First Amendment, Zachary S. Price
University of Pennsylvania Journal of Constitutional Law
No abstract provided.