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University of Pennsylvania Carey Law School

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University of Pennsylvania Journal of Constitutional Law

Articles 31 - 60 of 226

Full-Text Articles in Law

Abandoning Corporate Ontology: Original Economic Principles And The Constitutional Corporation, Owen Alderson Jan 2020

Abandoning Corporate Ontology: Original Economic Principles And The Constitutional Corporation, Owen Alderson

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Law, Language, And Politics, Jody Armour Jan 2020

Law, Language, And Politics, Jody Armour

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Constitutional Problems With The Election Of Amtrak’S President, Aaron Kahen Feb 2019

The Constitutional Problems With The Election Of Amtrak’S President, Aaron Kahen

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Fisher’S Forewarning: Using Data To Normalize College Admissions, Shakira D. Pleasant Feb 2019

Fisher’S Forewarning: Using Data To Normalize College Admissions, Shakira D. Pleasant

University of Pennsylvania Journal of Constitutional Law

This Article presents a nuanced view of Fisher v. University of Texas that has largely been ignored in mainstream discourse in the case. In Fisher, Justice Anthony Kennedy cast the deciding vote to uphold the University of Texas (“UT”) race-conscious admissions policy. This was the first time that Justice Kennedy voted to uphold a race-conscious policy, and many commentators have focused on this aspect of his Fisher majority opinion. However, Justice Kennedy also gave a stern forewarning to UT and other universities: in the future, they better have strong data to show that they need to use race-conscious admissions. Kennedy ...


The Hybrid Nature Of The Property Clause: Implications For Judicial Review Of National Monument Reductions, Lance F. Sorenson Feb 2019

The Hybrid Nature Of The Property Clause: Implications For Judicial Review Of National Monument Reductions, Lance F. Sorenson

University of Pennsylvania Journal of Constitutional Law

In the recurring and contentious debates regarding the President’s authority to declare (and perhaps rescind) National Monuments, both those who argue for an expansive authority and those who favor restricted authority treat the Antiquities Act as a delegation of legislative power; they only disagree on whether the delegation is appropriate or, in the case of rescission, whether a delegation exists at all. However, this framework is wrong. The Property Clause is not strictly a legislative power. Rather, it is a hybrid; rulemaking power is interspersed with an administrative one—the power to manage property. The Supreme Court has recognized ...


On The Senate’S Purported Constitutional Duty To Meaningfully Consider Presidential Nominees To The Supreme Court Of The United States: A Response To Chief Judge Peter J. Eckerstrom, Seth Barrett Tillman Feb 2019

On The Senate’S Purported Constitutional Duty To Meaningfully Consider Presidential Nominees To The Supreme Court Of The United States: A Response To Chief Judge Peter J. Eckerstrom, Seth Barrett Tillman

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Neglecting Nationalism, Gil Seinfeld Feb 2019

Neglecting Nationalism, Gil Seinfeld

University of Pennsylvania Journal of Constitutional Law

Federalism is a system of government that calls for the division of power between a central authority and member states. It is designed to secure benefits that flow from centralization and from devolution, as well as benefits that accrue from a simultaneous commitment to both. A student of modern American federalism, however, might have a very different impression, for significant swaths of the case law and scholarly commentary on the subject neglect the centralizing, nationalist side of the federal balance. This claim may come as a surprise, since it is obviously the case that our national government has become immensely ...


Machine Learning Evidence: Admissibility And Weight, Patrick W. Nutter Feb 2019

Machine Learning Evidence: Admissibility And Weight, Patrick W. Nutter

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Big Data And The Right To Political Participation, Michal Saliternik Feb 2019

Big Data And The Right To Political Participation, Michal Saliternik

University of Pennsylvania Journal of Constitutional Law

In recent years, the big data revolution has rapidly expanded from the private to the public sector. Today, government authorities at all levels analyze mass amounts of digital data produced by citizens and use it to inform their policy choices in such diverse areas as healthcare, education, transportation, and urban planning. Proponents of this trend assert that it not only yields better policies, but also facilitates political participation by allowing more people to influence governmental decisions at a low cost and with little effort.

This Article argues, however, that the political participation that big data analysis currently enables is flawed ...


Yes, The Senate Elevated Partisan Political Goals Over Constitutional Text When It Refused To Consider President Obama’S Nominee To Replace Justice Scalia, Peter J. Eckerstrom Feb 2019

Yes, The Senate Elevated Partisan Political Goals Over Constitutional Text When It Refused To Consider President Obama’S Nominee To Replace Justice Scalia, Peter J. Eckerstrom

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Laboratories Of Democracy Reform: State Constitutions And Partisan Gerrymandering, Samuel S.-H. Wang, Richard F. Ober Jr., Ben Williams Jan 2019

Laboratories Of Democracy Reform: State Constitutions And Partisan Gerrymandering, Samuel S.-H. Wang, Richard F. Ober Jr., Ben Williams

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Improper Commandeering, Josh Blackman Jan 2019

Improper Commandeering, Josh Blackman

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Felony Disenfranchisement Laws: Paying And Re-Paying A Debt To Society (Winner Of American Constitution Society's National Student Writing Competition), Christina Beeler Jan 2019

Felony Disenfranchisement Laws: Paying And Re-Paying A Debt To Society (Winner Of American Constitution Society's National Student Writing Competition), Christina Beeler

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Contracting Around The Constitution: An Anticommodificationist Perspective On Unconstitutional Conditions, Louis W. Fisher Jan 2019

Contracting Around The Constitution: An Anticommodificationist Perspective On Unconstitutional Conditions, Louis W. Fisher

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Scrutinizing Legacy Admissions: Applying Tiers Of Scrutiny To Legacy Preference Policies In University Admissions, T. Liam Murphy Jan 2019

Scrutinizing Legacy Admissions: Applying Tiers Of Scrutiny To Legacy Preference Policies In University Admissions, T. Liam Murphy

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Regulatory Capture And The Marginalized Majority: The Case For Constitutional Protection Of The Majority's Disposable Income, Eyal Benvenisti, Amnon Morag Jan 2019

Regulatory Capture And The Marginalized Majority: The Case For Constitutional Protection Of The Majority's Disposable Income, Eyal Benvenisti, Amnon Morag

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Masthead Jan 2019

Masthead

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Constitutionality Of Immigrant Sanctuaries And Anti-Sanctuaries: Originalism, Current Doctrine, And A Second-Best Alternative, Nelson Lund Jan 2019

The Constitutionality Of Immigrant Sanctuaries And Anti-Sanctuaries: Originalism, Current Doctrine, And A Second-Best Alternative, Nelson Lund

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Immigration Adjudication Bankruptcy, Jill E. Family Jan 2019

Immigration Adjudication Bankruptcy, Jill E. Family

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Fake News And Racial, Ethnic, And Religious Minorities: A Precarious Quest For Truth, Kimberly Grambo Jan 2019

Fake News And Racial, Ethnic, And Religious Minorities: A Precarious Quest For Truth, Kimberly Grambo

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Classless And Uncivil: The Three-Decade Legacy Of Evans V. Jeff D., William H. Fedullo Jan 2019

Classless And Uncivil: The Three-Decade Legacy Of Evans V. Jeff D., William H. Fedullo

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Rediscovering The Journal Clause: The Lost History Of Legislative Constitutional Interpretation, Nicholas Handler Jan 2019

Rediscovering The Journal Clause: The Lost History Of Legislative Constitutional Interpretation, Nicholas Handler

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Changing Race: Fluidity, Immutability, And The Evolution Of Equal-Protection Jurisprudence, John Tehranian Jan 2019

Changing Race: Fluidity, Immutability, And The Evolution Of Equal-Protection Jurisprudence, John Tehranian

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Immigration To Blue Cities In Red States: The Battleground Between Sanctuary And Exclusion, Karla Mari Mckanders Jan 2019

Immigration To Blue Cities In Red States: The Battleground Between Sanctuary And Exclusion, Karla Mari Mckanders

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Youth Voting Rights And The Unfulfilled Promise Of The Twenty-Sixth Amendment, Yael Bromberg Jan 2019

Youth Voting Rights And The Unfulfilled Promise Of The Twenty-Sixth Amendment, Yael Bromberg

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Structural Analysis Of Article V: The Constitutionality Of A Limited Convention To Propose Amendments, Damian O'Sullivan Jan 2019

Structural Analysis Of Article V: The Constitutionality Of A Limited Convention To Propose Amendments, Damian O'Sullivan

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The New Fighting Words?: How U.S. Law Hampers The Fight Against Information Warfare, Jill Goldenziel, Manal Cheema Jan 2019

The New Fighting Words?: How U.S. Law Hampers The Fight Against Information Warfare, Jill Goldenziel, Manal Cheema

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Unfit For The Constitution: Nativism And The Constitution, From The Founding Fathers To Donald Trump, Jared A. Goldstein Jan 2018

Unfit For The Constitution: Nativism And The Constitution, From The Founding Fathers To Donald Trump, Jared A. Goldstein

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 Jan 2018

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 Jan 2018

Don't Answer That: Revisiting The Political Question Doctrine In State Courts, Nat Stern

University of Pennsylvania Journal of Constitutional Law

No abstract provided.