Law Commons^™

Guide To Bill Of Attainder Clauses In Article I, Sections 9 And 10, Matthew J. Steilen

Contributions to Books

These are commentaries on the Bill of Attainder Clauses in Article I, sections 9 and 10. Each is 2000 words long. They are forthcoming in the 3d edition of Heritage Guide to the Constitution. Topics covered include the history of English bills of attainder, the meaning of "bill," "notorious," "attainder," and other key terms, bills of attainder passed against loyalists during the American revolution, the Josiah Philips case, the legislative history of the clauses in the Philadelphia Convention, early Supreme Court decisions involving bills of attainder, and the modern doctrine. Inline citations and a short bibliography are included. The author …

Scotus On Immigration: A Review Of Recent Decisions & What's To Come, Cardozo Journal Of Equal Rights And Social Justice

Event Invitations 2022

Please join the Cardozo Journal of Equal Rights and Social Justice for a panel discussion with seven immigration attorneys. The discussion will cover recent SCOTUS decisions impacting immigration, the impacts of these decisions and important cases on the docket for this upcoming session.

Moderator: Mauricio Noroña, Visiting Clinical Assistant Professor of Law in the Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Law

Panelists:

• Peter Markowitz, Associate Dean of Equity in Curriculum and Teaching and Professor of Law, Founding Faculty Member and Co-Director of the Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Law

• Lindsay Nash, Associate Professor of Law, Co-Director of …

A Conversation With Dahlia Lithwick, Floersheimer Center For Constitutional Democracy

Event Invitations 2022

The Floersheimer Center for Constitutional Democracy invites you to join us for a conversation with New York Times bestselling author and Supreme Court reporter Dahlia Lithwick to discuss her book, Lady Justice. Cardozo Professor Kate Shaw will moderate.

Click here to view the flyer.

Scotus On Immigration: A Review Of Recent Decisions & What's To Come, Cardozo Journal Of Equal Rights And Social Justice

Flyers 2022-2023

Click here to view the event invitation.

A Conversation With Dahlia Lithwick, Floersheimer Center For Constitutional Democracy

Flyers 2022-2023

Click here to view the event invitation.

Distinguished Lecture Series, Benjamin N. Cardozo School Of Law

Flyers 2022-2023

The Supreme Court's 2022 Term with Kate Shaw, Professor of Law and Co-Director of the Floersheimer Center for Constitutional Democracy.

Why Florida Copied Its ‘Don’T Say Gay’ Bill From Hungary & What It Means For Democracy In The United States, Floersheimer Center For Constitutional Democracy

Event Invitations 2022

On the eve of mid-term elections in which polls find large majorities of Americans worried about the future of U.S. democracy, scholars and journalists are tracking growing interest here in the successful path of autocratic leaders abroad. Do once-democratic countries like Hungary offer American populists a meaningful roadmap for reforming the structures of U.S. democratic governance and constitutional law?

Moderator: Deborah Pearlstein, Professor of Law and Co-Director of the Floersheimer Center for Constitutional Democracy

Panelists:

• Zack Beauchamp, Senior Correspondent, Vox
• Kim Lane Scheppele, Laurance S. Rockefeller Professor of Sociology and International Affairs in the Princeton School of Public and International …

Why Florida Copied Its ‘Don’T Say Gay’ Bill From Hungary & What It Means For Democracy In The United States, Floersheimer Center For Constitutional Democracy

Flyers 2022-2023

Click here to view the event invitation.

Click here to view the recording.

Weekly Pop-Up Class: Understanding The Lgbtq+ Civil Rights Movement And Why It Matters, Ferkauf Professors Kailey Roberts And Jennifer Cooper, Benjamin N. Cardozo School Of Law

Event Invitations 2022

Kailey Roberts is an Assistant Professor of Clinical Psychology at Ferkauf Graduate School of Psychology specializing in bereavement and existential psychotherapy. Roberts' research and teaching focuses on understanding existential distress and supporting individuals facing adversity through connection to their unique sense of meaning, identity and purpose. Jennifer Cooper, is an Assistant Professor at Ferkauf Graduate School of Psychology. Cooper’s research agenda is focused on preventing and treating youth mental, emotional and behavioral issues through improving the use of multi-tier frameworks and culturally responsive evidence-based practices in schools. They will discuss "Cultivating Psychosocial Wellbeing in LGBTQIA+ Individuals and Communities."

Where There Is A Right, There Is A Remedy—Or Is There?, Grace Panicola

SLU Law Journal Online

Courts have repeatedly declined to allow causes of actions under the Constitution when Plaintiffs’ constitutional rights are violated by government officials. In this article, Grace Panicola discusses a pocket of governmental immunity that creates serious implications for Plaintiffs as they ultimately face inadequate remedies.

Weekly Pop-Up Class: Lgbtq Rights And The Crisis Of Democracy, Deborah Pearlstein, Benjamin N. Cardozo School Of Law

Event Invitations 2022

Deborah Pearlstein is Professor of Law and Co-Director of the Floersheimer Center for Constitutional Democracy. Pearlstein has repeatedly testified before Congress on topics from war powers to executive branch oversight. Her work on the U.S. Constitution, international law, and national security has appeared widely in law journals and the popular press.

Weekly Pop-Up Class: Understanding The Lgbtq+ Civil Rights Movement And Why It Matters, Kate Shaw, Benjamin N. Cardozo School Of Law

Event Invitations 2022

Cardozo Professor Kate Shaw is the Co-Director of the Floersheimer Center for Constitutional Democracy. Before joining Cardozo, she worked in the White House Counsel’s Office as a Special Assistant to the President and Associate Counsel to the President. She clerked for Justice John Paul Stevens of the U.S. Supreme Court and Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit.

Weekly Pop-Up Class: Understanding The Lgbtq+ Civil Rights Movement And Why It Matters, Rachel B. Tiven, Benjamin N. Cardozo School Of Law

Event Invitations 2022

Rachel Tiven will discuss "A History of U.S. Immigration Exclusion." Tiven is a civil rights leader turned historian. As the head of national non-profits Lambda Legal, Immigration Equality, and Immigrant Justice Corps, Tiven fought for equality for immigrants and LGBTQ/HIV+ people. Tiven has been recognized for her work by the Advocate magazine, New York County Lawyers Association and United We Dream.

Weekly Pop-Up Class: Understanding The Lgbtq+ Civil Rights Movement And Why It Matters, Dmytro Vovk, Benjamin N. Cardozo School Of Law

Event Invitations 2022

Dmytro Vovk, Cardozo Visiting Associate Professor will cover Religious Freedom and LGBTQ+ Rights: The European Court of Human Right's Perspective.

Dmytro Vovk runs the Center for Rule of Law and Religion Studies at Yaroslav the Wise National Law University in Kharkiv, Ukraine. He was an expert on human rights and rule of law for USAID, OSCE/ODIHR, Council of Europe and Constitutional Commission of Ukraine.

Weekly Pop-Up Class: Understanding The Lgbtq+ Civil Rights Movement And Why It Matters: Professor Edward Stein, Benjamin N. Cardozo School Of Law

Event Invitations 2022

The first class will cover the evolution of LGBTQ+ family law in the United States and will be presented by LGBTQ+ legal expert and Cardozo Professor and former Vice Dean Edward Stein, author of The Mismeasure of Desire, The Science, Theory, and Ethics of Sexual Orientation and other scholarly works on sexual identity and the law.

Presidential Interpretation And War Powers, Tobias T. Gibson, Matthew R. Trout

SLU Law Journal Online

Judicial deference toward presidential decision making in national security has led to largely unencumbered presidential action in national security concerns. In this article, Matthew R. Trout and Tobias T. Gibson argue that presidential interpretation is a power of the president—a power that has enhanced an outsized presidential role in national security.

“Rap Music On Trial”: Examining The Consequences Of Rap Lyrics Being Admissible At Trial, Malik Stewart

SLU Law Journal Online

Rap lyrics are being deemed admissible in court to convict criminal defendants. In this article, Malik Stewart considers the consequences of admitting rap lyrics to evidence to prove a defendant’s guilt, possible First Amendment violations, the efforts to prevent prosecutors from using rap lyrics as evidence, and the ways in which rap music is being targeted by prosecutors. The article also considers the emergence of Drill music and what to expect moving forward.

Judicial Ethics May Decide Whether A Prisoner Can Be Touched As He Is Executed, Mikayla Lewison

SLU Law Journal Online

The community having faith in the judiciary is vital for the U.S. to function as a democracy. Recently, the Court has become seemingly more politicized, even though Americans prefer an apolitical court. In this article, Mikayla Lewison argues that personal interests of the justices on the Court have likely played a role in whether or not prisoners, like John Henry Ramirez, may have a cleric of their choice inside the chamber as they are executed.

La Liberté D’Expression Aux États-Unis Et En France, Elisabeth Zoller

Books & Book Chapters by Maurer Faculty

A chapter from the Ministry's report, RÉPUBLIQUE ÉCOLE LAÏCITÉ

The Rise Of The Decanal Collective Voice, Danielle M. Conway

Faculty Books

The United States is a nation of laws, and its Constitution and the rule of law have allowed it to confront and successfully navigate many threats to democracy throughout the nation’s complex history, including a Civil War. All of these threats challenged the nation in various ways, but never has there been a challenge to the truth of our elections like what happened on January 6, 2021.

The Insurrection represents a turning point in America’s history. In addition to the unprecedented assault on the U.S. Capitol, members of the government sought to undermine an election and supported an attack on …

Lawyers Behaving Badly: Episode 1 - The Executive Branch, Jacob Burns Center For Ethics In The Practice Of Law

Event Invitations 2021

On November 4th, the Burns Center will host Cardozo Professor Kate Shaw for a discussion about the special risks that arise when lawyers advising the executive branch provide erroneous advice on matters of constitutional and federal law.

Prompting this program are the revelations that John Eastman - a former law school dean - and Assistant Attorney General Jeffrey Clark advised the White House that the results of the 2020 election could be set aside. What duties did Eastman and Clark owe as a matter of professional responsibility? Who can now respond to Eastman's and Clark's violations of those duties? Are …

The The Universe Is On Our Side: Restoring Faith In American Public Life, Bruce Ledewitz

Ledewitz Books

In The Universe Is On Our Side, Bruce Ledewitz argues that there has been a breakdown in American public life that no election can fix - Americans struggle to even converse about politics and the usual explanations for our condition have failed to make things better. Ledewitz posits that America is living with the consequences of the Death of God, which Friedrich Nietzsche presumed would be momentous and irreversible.For a long time, God acted as the story of the meaning of our lives. America's future requires that we begin a new story by each of us asking a question posed …

Wade’S Way No More? The Future Of Reproductive Rights In Light Of Texas Senate Bill 8’S Constitutionality, Dolly Suresh

SLU Law Journal Online

There are many hot-topic discussions occurring in today's political climate. In this article, Dolly Suresh focuses on the recent legislation in Texas, the Texas Heartbeat Act, and the conversations surrounding it.

When “Empty Is Not Closed”: Organizing Efforts To (Officially) Close St. Louis’ Infamous Workhouse, Brianna Coppersmith

SLU Law Journal Online

Despite years of community organizing, legal advocacy, and policy change to close St. Louis’ Medium Security Institution, the jail has reopened. In this article, Brianna Coppersmith provides a brief history of the campaign to close the jail, commonly called the Workhouse, and discusses what its reopening might mean for related pending litigation.

Does The Ministerial Exception Protect A Minister's Humiliating Comments?, Yiting Feng

SLU Law Journal Online

The Seventh Circuit case of Demkovich v. St. Andrew the Apostle Parish applied the ministerial exception to bar a fired minister’s claim of a hostile work environment. In this article, Yiting Feng lists the reason why she disagrees with the majority opinion and leans towards the dissenting opinion.

Subnational Constitutionalism In The United States: Powerful States In A Powerful Federation, James A. Gardner

Contributions to Books

Published as Chapter 19 in Routledge Handbook of Subnational Constitutions and Constitutionalism, Patricia Popelier, Nicholas Aroney & Giacomo Delledonne, eds.

The United States has an extremely robust network of subnational constitutions. It is one of the few federations in the world in which subnational entities are understood to be fully competent polities with virtually complete constituent powers of self-organization and self-authorization. The authority to adopt a subnational constitution is consequently understood to be an incident of subnational sovereignty, a concept in turn derived from a conception of the basic federal order itself as highly decentralized.

The Fourteenth Amendment And The Heart Of The Constitution, Guy Chet

SLU Law Journal Online

Since the nineteenth century, Americans have worked consistently to liberate their national government from the Constitutional constraints placed on it by Madison and his colleagues. This effort has transformed the United States from a federated republic in which local communities governed themselves into a modern managerial nation-state that is governed from the center. In this article, Dr. Guy Chet argues that the key to this transformation – of the Constitution and of the United States – was the Fourteenth Amendment.

Cases And Materials On West Virginia Constitutional Law, Robert M. Bastress Jr.

Open Access Law Books

No abstract provided.

Equality, Animus, And Expressive And Religious Freedom Under The American Constitution: Masterpiece Cakeshop And Beyond, Daniel O. Conkle

Books & Book Chapters by Maurer Faculty

Professor Conkle's contribution to this volume, pre-print attached, is the chapter "Equality, Animus, and Expressive and Religious Freedom Under the American Constitution: Masterpiece Cakeshop and Beyond."

CHAPTER ABSTRACT: Does the First Amendment protect religious wedding vendors from anti-discrimination laws that require them to provide goods or services for same-sex weddings? The fundamental question is whether equality or religious freedom should prevail in this setting, but the complexities of American free speech and free exercise law—exacerbated by the Supreme Court’s decision in Masterpiece Cakeshop—have obscured the debate with dubious distinctions and highly contentious rationales and arguments. In this Essay, I present …

Hamilton, Hip-Hop, And The Culture Of Dueling In America, Glenn Harlan Reynolds

Book Chapters

No abstract provided.