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Full-Text Articles in Law
The Fourth Amendment Implications Of The Government's Use Of Cell Tower Dumps In Its Electronic Surveillance, Brian L. Owsley The Honorable
The Fourth Amendment Implications Of The Government's Use Of Cell Tower Dumps In Its Electronic Surveillance, Brian L. Owsley The Honorable
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Supreme Court's New Source Of Legitimacy, Or Bassok
The Supreme Court's New Source Of Legitimacy, Or Bassok
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Animating The Seventh Amendment In Contemporary Plaintiff's Litigation: The Rule, Or The Exception?, Cory Tischbein
Animating The Seventh Amendment In Contemporary Plaintiff's Litigation: The Rule, Or The Exception?, Cory Tischbein
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
A (Virtual) Land Of Confusion With College Students' Online Speech: Introducing The Curricular Nexus Test, Jeffery C. Sun, Neal H. Hutchens, James D. Breslin
A (Virtual) Land Of Confusion With College Students' Online Speech: Introducing The Curricular Nexus Test, Jeffery C. Sun, Neal H. Hutchens, James D. Breslin
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Adjusting The Presumption Of Constitutionality Based On Margin Of Statutory Passage, Edward C. Dawson
Adjusting The Presumption Of Constitutionality Based On Margin Of Statutory Passage, Edward C. Dawson
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Hiv Confidentiality And Stigma: A Way Forward, Hannah R. Fishman
Hiv Confidentiality And Stigma: A Way Forward, Hannah R. Fishman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Membership And Messages: The (Il)Logic Of Expressive Association Doctrine, Hans Allhoff
Membership And Messages: The (Il)Logic Of Expressive Association Doctrine, Hans Allhoff
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Inherently Or Exclusively Federal: Constitutional Preemption And The Relationship Between Public Law 280 And Federalism, Kyle S. Conway
Inherently Or Exclusively Federal: Constitutional Preemption And The Relationship Between Public Law 280 And Federalism, Kyle S. Conway
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Trademark Takings: Trademarks As Constitutional Property Under The Fifth Amendment Takings Clause, Dustin Marlan
Trademark Takings: Trademarks As Constitutional Property Under The Fifth Amendment Takings Clause, Dustin Marlan
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Race-Conscious Charter Schools And The Antibakinization Perspective Of Equal Protection, Jennifer Rose Jacoby
Race-Conscious Charter Schools And The Antibakinization Perspective Of Equal Protection, Jennifer Rose Jacoby
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
How Statues Create Rights: The Case Of The National Labor Relations Act (Winner Of American Constitution Society's National Student Writing Competition), Sam Simon
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Government Mandated Drug Testing For Welfare Recipients: Special Need Or Unconstitutional Condition?, Celia Goetzl
Government Mandated Drug Testing For Welfare Recipients: Special Need Or Unconstitutional Condition?, Celia Goetzl
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Constitutional Incompleteness Theorem, John F. Muller
The Constitutional Incompleteness Theorem, John F. Muller
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
A Constitutional Right To Know: Are Research Participants Entitled To Results Of Genetic Tests?, Nicolle Strand
A Constitutional Right To Know: Are Research Participants Entitled To Results Of Genetic Tests?, Nicolle Strand
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Limits Of New Originalism, Joel Alicea, Donald L. Drakeman
The Limits Of New Originalism, Joel Alicea, Donald L. Drakeman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Fostering Motherhood: Remedying Violations Of Minor Parents' Right To Family Integrity, Tara Grigg Garlinghouse
Fostering Motherhood: Remedying Violations Of Minor Parents' Right To Family Integrity, Tara Grigg Garlinghouse
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
A Fourth Amendment Theory For Arrestee Dna And Other Biometric Databases, David H. Kaye
A Fourth Amendment Theory For Arrestee Dna And Other Biometric Databases, David H. Kaye
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Procedural Due Process Rights Of The Stigmatized Prisoner, Lindsey Webb
The Procedural Due Process Rights Of The Stigmatized Prisoner, Lindsey Webb
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
"One Is Not Born, But Becomes A Woman": A Fourteenth Amendment Argument In Support Of Housing Male-To-Female Transgender Inmates In Female Facilities, Sydney Scott
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
As-Applied Commerce Clause Challenges, Misha Tseytlin
As-Applied Commerce Clause Challenges, Misha Tseytlin
University of Pennsylvania Journal of Constitutional Law
This Article seeks to refute Rosenkranz’s argument that courts should limit their adjudication of challenges to Congress’s assertions of Commerce Clause authority to those attacking the entire statutory provision. Part I provides a primer on as-applied and facial challenges, explaining that the claim that a challenge under a constitutional provision must be “facial” is—in practical reality—an argument that a statute is always constitutional in all of its possible applications or unconstitutional in all of its applications, with no middle ground possible. Part II explains the Supreme Court’s modern Commerce Clause jurisprudence. Part III argues that—contrary to Rosenkranz’s view— the Constitution’s …
Can The Blind Lead The Blind? Rethinking Equal Protection Jurisprudence Through An Empirical Examination Of Blind People's Understanding Of Race, Osagie K. Obasogie
Can The Blind Lead The Blind? Rethinking Equal Protection Jurisprudence Through An Empirical Examination Of Blind People's Understanding Of Race, Osagie K. Obasogie
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Keeping Heller Out Of The Home: Homeowners Associations And The Right To Keep And Bear Arms, Christopher J. Wahl
Keeping Heller Out Of The Home: Homeowners Associations And The Right To Keep And Bear Arms, Christopher J. Wahl
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Silent Role Of Corporate Theory In The Supreme Court's Campaign Finance Cases, Stefan J. Padfield
The Silent Role Of Corporate Theory In The Supreme Court's Campaign Finance Cases, Stefan J. Padfield
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Power, Duty, And Facial Invalidity, John Harrison
Power, Duty, And Facial Invalidity, John Harrison
University of Pennsylvania Journal of Constitutional Law
The Constitution is primarily about power, the capacity of government actors to change legal rules and legal relations. It is also to some extent about the duties of government actors and institutions, and imposes on them obligations that it is wrong not to fulfill. These two functions of constitutional rules, setting out powers and imposing duties, are distinct from one another, and it is important not to confuse them. The provisions of the Constitution that grant and limit the power of Congress are concerned exclusively with power and do not create duties. They therefore are not the source of the …
Constitutional Change And The Supreme Court: The Article V Problem, Eric J. Segall
Constitutional Change And The Supreme Court: The Article V Problem, Eric J. Segall
University of Pennsylvania Journal of Constitutional Law
This Article concerns the interplay between judicial review and Article V of the Constitution, which sets out the procedures for formally amending the Constitution. 7 According to the text, the Constitution can only be amended if two-thirds of both Houses of Congress and three-fourths of the states agree or two-thirds of the states call for a convention.8 This Article addresses when, if ever, judicial interpretations of the Constitution amount to illegitimate and de facto amendments to the Constitution because they were not implemented through Article V procedures… . The next Part of this Article contends that the Court has improperly …
A Contractarian Critique Of Citizens United, Joseph F. Morrissey
A Contractarian Critique Of Citizens United, Joseph F. Morrissey
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Original (?) Public (?) Meaning Of "Commerce", Mark R. Killenbeck
The Original (?) Public (?) Meaning Of "Commerce", Mark R. Killenbeck
University of Pennsylvania Journal of Constitutional Law
[T]he available record simply does not support many of the conclusions that the new originalists reach about key constitutional provisions… . These conflicts are not simply matters of perspective and do not depend on whether one adheres to a national or state-centric vision. Rather, these are matters of both actual record and interpretive technique, influenced by specific details and, in particular, how one views the time frame within which the inquiry should be conducted.
Or, at least, so I believe and will now try to explain, with two important caveats. First, I do not for a moment pretend that I …
Originalism And Purpose: A Précis, Mark E. Brandon
Originalism And Purpose: A Précis, Mark E. Brandon
University of Pennsylvania Journal of Constitutional Law
If we are honest, we have to acknowledge that, in fact, various textual provisions stand as signs or expressions of precepts that may be traceable to natural law. And, if the Declaration of Independence has a constitutional status, we can see there an embrace of a form of natural law (or natural right)—not Thomistic, but Lockean (with a twist from the Scottish Enlightenment). The second reason that many reject natural law as a source for constitutional meaning is that it is too abstract and too contestable to provide constraint and direction. Put more directly, it is simply a cover for …
When Targeted Killing Is Not Permissible: An Evaluation Of Targeted Killing Under The Laws Of War And Morality, Melanie J. Foreman
When Targeted Killing Is Not Permissible: An Evaluation Of Targeted Killing Under The Laws Of War And Morality, Melanie J. Foreman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.