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Articles 1 - 6 of 6
Full-Text Articles in Law
Congress's Power To Enforce Fourteenth Amendment Rights: Lessons From Federal Remedies The Framers Enacted , Robert J. Kaczorowski
Congress's Power To Enforce Fourteenth Amendment Rights: Lessons From Federal Remedies The Framers Enacted , Robert J. Kaczorowski
Faculty Scholarship
Professor Robert Kaczorowski argues for an expansive originalist interpretation of Congressional power under the Fourteenth Amendment. Before the Civil War Congress actually exercised, and the Supreme Court repeatedly upheld plenary Congressional power to enforce the constitutional rights of slaveholders. After the Civil War, the framers of the Fourteenth Amendment copied the antebellum statutes and exercised plenary power to enforce the constitutional rights of all American citizens when they enacted the Civil Rights Act of 1866 and then incorporated the Act into the Fourteenth Amendment. The framers of the Fourteenth Amendment thereby exercised the plenary power the Rehnquist Court claims the …
Revenge Of Mullaney V. Wilbur: United States V. Booker And The Reassertion Of Judicial Limits On Legislative Power To Define Crimes, The, Ian Weinstein
Faculty Scholarship
This article offers a historically grounded account of the twists and turns in the Supreme Court's sentencing jurisprudence from the end of World War II to the Court's stunning rejection of the Federal Sentencing Guidelines. The doctrinal shifts that have roiled this area of the law can best be understood as the Court's effort to respond to the changing political and social landscape of crime in America. In the mid 1970's, legislative activity in the criminal law was largely focused on Model Penal Code influenced recodification. In that era, the Supreme Court took power from an ascendant judiciary and gave …
The Future Of Sodomy , Libby Adler
The Future Of Sodomy , Libby Adler
Fordham Urban Law Journal
This Article celebrates Lawrence v. Texas as a tremendous advance in civil rights while also recognizing future danger signs associated with the opinion. The Article underscores four elements of the opinion which may cause danger to the pro-sex position the author endorses. The Article points to the Court's: (1) standard of review; (2) reliance on consent; (3) emphasis on privacy, and; (4) respect for dignity. Ultimately, the author warns pro-sex litigators and constituencies against complacency and warns that the words that bring them joy in Lawrence may possibly bring them pain in future opinions. The author calls for vigilance, for …
The Dangers Of Fighting Terrorism With Technocommunitarianism: Constitutional Protections Of Free Expression, Exploration, And Unmonitored Activity In Urban Spaces, Marc Jonathan Blitz
The Dangers Of Fighting Terrorism With Technocommunitarianism: Constitutional Protections Of Free Expression, Exploration, And Unmonitored Activity In Urban Spaces, Marc Jonathan Blitz
Fordham Urban Law Journal
Part I of this article examines how some commentators can plausibly argue that constitutional liberty and privacy protections do not protect the individual liberty and privacy that modern individuals have come to expect in many public spaces, particularly in urban environments. Constitutional liberalism, this section points out, makes this question a difficult one, because it is marked by scrupulous neutrality towards different visions of “the good life.” In other words, the constitutional order does not condemn those who choose a communitarian way of life and favor those who prefer individualism. Rather, it tolerates both of these (and other) preferences about …
Felon Disenfranchisement: Law, History, Policy, And Politics, George Brooks
Felon Disenfranchisement: Law, History, Policy, And Politics, George Brooks
Fordham Urban Law Journal
George W. Bush became the forty-third President of the United States when he won the state of Florida by 537 votes in the 2000 election. Because the election was so close, hotly-contested, and divisive, aspects of our electoral system long relegated to dusty books suddenly became topics of water cooler conversation and cocktail party chatter. Some Democrats speculate that if the nearly 600,000 felons in Florida had been allowed to vote, Al Gore would have been elected President. Felon disenfranchisement has thus become a cause celèbre among liberals. There are approximately four million felons who cannot vote nationwide. They are …
The Unbearable “Lite”Ness Of History: American Sodomy Laws From Bowers To Lawrence And The Ramifications Of Announcing A New Past, Neil Margolies
The Unbearable “Lite”Ness Of History: American Sodomy Laws From Bowers To Lawrence And The Ramifications Of Announcing A New Past, Neil Margolies
Fordham Urban Law Journal
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