Law Commons^™

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.

Masthead

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Exigencies, Not Exceptions: How To Return Warrant Exceptions To Their Roots, Michael Gentithes

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Appellate Waiver In Pennsylvania And Its Effect On Litigants’ Rights To Appeal, Sarah Reeves

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

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Insanity-Plea Bargains: A Constitutionally And Practically Good Idea?, Sarah J. Goodman

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Common Law Constitutionalism And The Protean First Amendment, Ronald J. Krotoszynski Jr.

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

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

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

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

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

The Unfinished Revolution For Immigrant Civil Rights, Allison B. Tirres

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

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

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

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

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

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

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

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Articulating Our Law: Some Remarks On Baude And Sachs, Quentin Fisher

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

National Pork Is A Bibb Case, Not A Pike Case, Michael S. Knoll, Ruth Mason

All Faculty Scholarship

In October 2022, the U.S. Supreme Court heard oral argument in National Pork Producers Council v. Ross, a Ninth Circuit case out of California, dismissing a challenge to Proposition 12, which, inter alia, bans the sale of wholesome pork (without regard to where it was produced) from the offspring of breeding sows confined in a manner California voters consider “cruel.” National Pork thus puts the Court in the position of choosing between the often-criticized undue-burden strand of the dormant Commerce Clause and California’s request that the Court approve its ban on out-of-state pork not because of the products’ qualities, but …

Solving The Congressional Review Act’S Conundrum, Cary Coglianese

All Faculty Scholarship

Congress routinely enacts statutes that require federal agencies to adopt specific regulations. When Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, for example, it mandated that the Securities and Exchange Commission (SEC) adopt an anti-corruption regulation requiring energy companies to disclose payments they make to foreign governments. Although the Dodd-Frank Act specifically required the SEC to adopt this disclosure requirement, the agency’s eventual regulation was also, like other administrative rules, subject to disapproval by Congress under a process outlined in a separate statute known as the Congressional Review Act (CRA).

After the SEC issued its …

Brief Of Professors Michael Knoll And Ruth Mason As Amici Curiae Supporting Petitioners In National Pork Producers Council V. Ross, Michael S. Knoll, Ruth Mason

All Faculty Scholarship

The district court erred when it concluded that because Proposition 12 applies only to in-state sales, it could not be extraterritorial. On the contrary, because California regulates pork production based on domestic, inbound, and outbound sales, its regulation is internally inconsistent and overbroad. As an obligation of interstate comity, this Court has understood extraterritoriality to require the basis of regulation to be internally consistent. A regulation is internally consistent when, if every state regulated using the same nexus as the challenged state, cross-border commercial activity would not be regulated by more than one state. Proposition 12 cannot meet this basic …

The Pennhurst Doctrines And The Lost Disability History Of The "New Federalism", Karen Tani

All Faculty Scholarship

This Article reconstructs the litigation over an infamous institution for people with disabilities—Pennhurst State School & Hospital—and demonstrates that litigation’s powerful and underappreciated significance for American life and law. It is a tale of two legacies. In U.S. disability history, Halderman v. Pennhurst State School & Hospital is a celebrated case. The 1977 trial court decision recognized a constitutional “right to habilitation” and ordered the complete closure of an overcrowded, dehumanizing facility. For people concerned with present-day mass incarceration, the case retains relevance as an example of court-ordered abolition.

For those outside the world of deinstitutionalization and disability rights, however, …

Keeping Our Distinctions Straight: A Response To “Originalism: Standard And Procedure”, Mitchell N. Berman

All Faculty Scholarship

For half a century, moral philosophers have distinguished between a “standard” that makes acts right and a “decision procedure” by which agents can determine whether any given contemplated act is right, which is to say whether it satisfies the standard. In “Originalism: Standard and Procedure,” Stephen Sachs argues that the same distinction applies to the constitutional domain and that clear grasp of the difference strengthens the case for originalism because theorists who emphasize the infirmities of originalism as a decision procedure frequently but mistakenly infer that those flaws also cast doubt on originalism as a standard. This invited response agrees …

How Practices Make Principles, And How Principles Make Rules, Mitchell N. Berman

All Faculty Scholarship

The most fundamental question in general jurisprudence concerns what makes it the case that the law has the content that it does. This article offers a novel answer. According to the theory it christens “principled positivism,” legal practices ground legal principles, and legal principles determine legal rules. This two-level account of the determination of legal content differs from Hart’s celebrated theory in two essential respects: in relaxing Hart’s requirement that fundamental legal notions depend for their existence on judicial consensus; and in assigning weighted contributory legal norms—“principles”—an essential role in the determination of legal rights, duties, powers, and permissions. Drawing …

No More January Sixths: A Constitutional Proposal To Take Politics Out Of Presidential Election Mechanics, Paul Boudreaux

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Deferring To Foreign Courts, Maggie Gardner

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

The Office Of The Chief Circuit Judge, Marin K. Levy, Jon O. Newman

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

The Supreme Court’S Hands-Off Approach To Religious Questions In The Era Of Covid-19 And Beyond, Samuel J. Levine

University of Pennsylvania Journal of Constitutional Law

No abstract provided.