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Constitutional Law

College of Law Faculty - Scholarship

Publication Year

Articles 1 - 9 of 9

Full-Text Articles in Law

The Sixth Amendment's Textual Core, Sanjay K. Chhablani Jul 2012

The Sixth Amendment's Textual Core, Sanjay K. Chhablani

College of Law Faculty - Scholarship

The Sixth Amendment, framed in an atmosphere of deep mistrust of a potentially oppressive government, broadly requires that defendants be provided seven fundamental procedural protections. Over the course of the past five decades, the scope and meaning of these critical safeguards have undergone tremendous change, with series of expansive and restrictive readings. Through this jurisprudential development, several provisions of the Sixth Amendment have been interpreted in a manner that contravenes the plain meaning of its text, rendering the Amendment far less protective of individual liberty. After developing a comprehensive historical account of the Court’s Sixth Amendment jurisprudence, this Article ...


The Reality Of Eu-Conformity Review In France, Juscelino F. Colares Jul 2012

The Reality Of Eu-Conformity Review In France, Juscelino F. Colares

College of Law Faculty - Scholarship

French High Courts embraced review of national legislation for conformity with EU law in different stages and following distinct approaches to EU law supremacy. This article tests whether adherence to different views on EU law supremacy has resulted in different levels of EU directive enforcement by the French High Courts. After introducing the complex French systems of statutory, treaty and constitutional review, this study explains how EU-conformity review emerged among these systems and provides an empirical analysis refuting the anecdotal view that different EU supremacy theories produce substantial differences in conformity adjudication outcomes. These Courts' uniformly high rates of EU ...


Rethinking Children As Property, Kevin Noble Maillard Jul 2012

Rethinking Children As Property, Kevin Noble Maillard

College of Law Faculty - Scholarship

Despite the collective view in law and social practice that it is intrinsically taboo to consider human beings as chattel, the law persists in treating children as property. Applying principles of property, this Article examines paternity disputes to explain and critique the law’s view of children as property of their parents. As evidenced in these conflicts, I demonstrate that legal paternity exposes a rhetoric of ownership, possession, and exchange. The law presumes that a child born to a married woman is fathered by her husband, even when irrefutable proof exists that another man fathered the child. Attempts by the ...


Discretionary Persistent Felony Offender Sentencing In New York: Can It Survive Apprendi ?, Joseph E. Fahey Jul 2012

Discretionary Persistent Felony Offender Sentencing In New York: Can It Survive Apprendi ?, Joseph E. Fahey

College of Law Faculty - Scholarship

This article examines the Discretionary Persistent Felony Offender sentencing provision contained in New York Penal law section 70.10 and its vitality in the wake of Apprendi v. New Jersey. It examines the disparity in the controlling New York Court of Appeals cases and the holdings in Apprendi and its progeny. It also discusses ways in which the sentencing court can apply the sentnecing statute and avoid Apprendi pitfalls.


Throwing Away The Key: An Examination Of New York's Sex Offender Civil Commitment Law, Joseph E. Fahey Jul 2012

Throwing Away The Key: An Examination Of New York's Sex Offender Civil Commitment Law, Joseph E. Fahey

College of Law Faculty - Scholarship

This article examines New York's newly enacted sex offender civil commitment law entitled"Sex Offenders Requiring Civil Commitment or Supervision." It examines the statute in detail, commenting on its various statutory and constiutional defeciencies, as well as its potential impact on the New York State Unified Court System.


Scalia’S Ship Of Revulsion Has Sailed: Will Lawrence Protect Adults Who Adopt Lovers To Help Ensure Their Inheritance From Incest Prosecution?, Terry L. Turnipseed Jul 2012

Scalia’S Ship Of Revulsion Has Sailed: Will Lawrence Protect Adults Who Adopt Lovers To Help Ensure Their Inheritance From Incest Prosecution?, Terry L. Turnipseed

College of Law Faculty - Scholarship

SCALIA’S SHIP OF REVULSION HAS SAILED: WILL LAWRENCE PROTECT ADULTS WHO ADOPT LOVERS TO HELP ENSURE THEIR INHERITANCE FROM INCEST PROSECUTION? Terry L. Turnipseed Associate Professor of Law Syracuse University College of Law in•cest (ĭn'sěst') Sexual relations between family members or close relatives, including children related by adoption. There is a growing trend in this country – startling to many – of adopting one’s adult lover or spouse for various reasons, mostly inheritance-based. Should one who adopts his or her adult lover or spouse be prosecuted for incest? Think about it: the person is having sexual relations with ...


The President And The Autopen: It Is Unconstitutional For Someone Or Something To Sign A Bill Outside Of The President's Presence, Terry L. Turnipseed Jul 2012

The President And The Autopen: It Is Unconstitutional For Someone Or Something To Sign A Bill Outside Of The President's Presence, Terry L. Turnipseed

College of Law Faculty - Scholarship

On May 26, 2011, only hours before three provisions of the Foreign Intelligence Surveillance Act were scheduled to expire, Congress passed an extension. For days, the White House had someone ready to fly to Europe with the legislation in hand for the President to sign, but Congress had been tardy. It seemed quite important to the White House that none of these provisions lapse for any length of time, even the relatively short time it would take to fly from Washington to France. With this urgency as a backdrop, the President was awakened at 5:45 a.m. Central European ...


The Anatomy Of Grey: A Theory Of Interracial Convergence, Kevin Noble Maillard, Janis L. Mcdonald Jan 2008

The Anatomy Of Grey: A Theory Of Interracial Convergence, Kevin Noble Maillard, Janis L. Mcdonald

College of Law Faculty - Scholarship

This article offers a theory of racial identity divorced from biological considerations. Law fails to recognize the complexity of racial performance and identity, thus categorically simplifying a perceived polarity of black and white. Ground-breaking scholarship addressing racial boundaries, as written by Randall Kennedy, Elizabeth Bartholet, and Angela Onwauchi-Willig, generally focuses on the enduring legacy of race discrimination. We approach these boundaries from a different angle—whites who become “less white.” We bring together the challenges of passing and adoption to offer a theory of fluid racial boundaries.

Transracial adoption provides one viable channel to discuss the possibilities of white-to-black racial ...


The Multiracial Epiphany, Kevin Noble Maillard Jan 2008

The Multiracial Epiphany, Kevin Noble Maillard

College of Law Faculty - Scholarship

The year 1967 becomes the temporal landmark for the beginning of an interracial nation. That year, the United States Supreme Court ruled state antimiscegenation laws unconstitutional in Loving v Virginia. In addition to outlawing interracial marriage, these restrictive laws had created a presumption of illegitimacy for historical claims of racial intermixture. Not all states had antimiscegenation laws, but the sting of restriction extended to other states to forge a collective forgetting of mixed race. Defenders of racial purity could depend on these laws to render interracial relationships illegitimate. Looking back to Loving as the official birth of Multiracial America reinforces ...