Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Brooklyn Law School (6)
- Seattle University School of Law (5)
- Penn State Dickinson Law (4)
- University of Arkansas, Fayetteville (4)
- University of Michigan Law School (3)
-
- Cedarville University (2)
- Georgia State University College of Law (2)
- Marquette University Law School (2)
- Maurer School of Law: Indiana University (2)
- The Catholic University of America, Columbus School of Law (2)
- Barry University School of Law (1)
- Loyola Marymount University and Loyola Law School (1)
- Mitchell Hamline School of Law (1)
- Notre Dame Law School (1)
- Pace University (1)
- Texas A&M University School of Law (1)
- Universitas Indonesia (1)
- University of Cincinnati College of Law (1)
- University of Montana (1)
- University of Tennessee, Knoxville (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Constitution (5)
- First Amendment (4)
- Politics (4)
- U.S. Supreme Court case (4)
- Constitutional Law (3)
-
- Separation of Powers (3)
- Voting rights (3)
- Equal protection (2)
- Executive Order (2)
- Federalism (2)
- Federalist Papers (2)
- Free Speech (2)
- Governance (2)
- Implied powers (2)
- Law reform (2)
- Originalism (2)
- President (2)
- Redistricting (2)
- U.S. Constitution (2)
- Voter suppression (2)
- 2016 Election (1)
- ACLU (1)
- Addison C. Harris (1)
- Advice and consent (1)
- Advocacy (1)
- Affordable Care Act (1)
- American Civil War (1)
- American Humanist Association (1)
- American Legion (1)
- American Politics (1)
- Publication
-
- Brooklyn Journal of International Law (5)
- Arkansas Law Review (4)
- Dickinson Law Review (2017-Present) (4)
- Seattle Journal for Social Justice (3)
- Catholic University Law Review (2)
-
- Channels: Where Disciplines Meet (2)
- Georgia State University Law Review (2)
- Marquette Law Review (2)
- Seattle University Law Review (2)
- University of Michigan Journal of Law Reform (2)
- Child and Family Law Journal (1)
- Immigration and Human Rights Law Review (1)
- Indiana Journal of Global Legal Studies (1)
- Indiana Law Journal (1)
- International Review of Humanities Studies (1)
- Journal of Law and Policy (1)
- Journal of Legislation (1)
- Loyola of Los Angeles Law Review (1)
- Michigan Law Review (1)
- Mitchell Hamline Law Review (1)
- Pace Law Review (1)
- Public Land & Resources Law Review (1)
- Tennessee Journal of Law and Policy (1)
- Texas A&M Law Review (1)
- Washington and Lee Law Review Online (1)
Articles 1 - 30 of 43
Full-Text Articles in Constitutional Law
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
Child and Family Law Journal
This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries in Central …
The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger
The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger
Brooklyn Journal of International Law
Germany has the strictest genetic engineering laws in the world and bans virtually all kinds of embryonic gene editing. Since the invention of CRISPR, however, embryonic gene editing is more precise, and the possibilities of curing genetic diseases are more real than ever. This Note will argue for the right to embryonic gene editing through an analysis of German constitutional privacy and right to life jurisprudence. Ultimately, this Note argues for a right to procreate under German law that is backed by the state’s affirmative duty to encourage and protect life. When the technology is available, German Law should not …
'It Wasn't Supposed To Be Easy': What The Founders Originally Intended For The Senate's 'Advice And Consent' Role For Supreme Court Confirmation Processes, Michael W. Wilt
Channels: Where Disciplines Meet
The Founders exerted significant energy and passion in formulating the Appointments Clause, which greatly impacts the role of the Senate and the President in appointing Supreme Court Justices. The Founders, through their understanding of human nature, devised the power to be both a check by the U.S. Senate on the President's nomination, and a concurrent power through joint appointment authority. The Founders initially adopted the Senate election mode via state legislatures as a means of insulation from majoritarian passions of the people too. This paper seeks to understand the Founders envisioning for the Senate's 'Advice and Consent' role as it …
American Legion V. American Humanist Association, Seth T. Bonilla
American Legion V. American Humanist Association, Seth T. Bonilla
Public Land & Resources Law Review
The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Understanding The Politics Of Resentment: Of The Principles, Institutions, Counter-Strategies, Normative Change, And The Habits Of Heart, Tomasz Tadeusz Koncewicz
Understanding The Politics Of Resentment: Of The Principles, Institutions, Counter-Strategies, Normative Change, And The Habits Of Heart, Tomasz Tadeusz Koncewicz
Indiana Journal of Global Legal Studies
The paper asks, when is a constitutional design of any (domestic, international, supranational) polity in error? On the most general level, such a critical juncture occurs when a polity's founding document (treaty, convention, constitution) protects against dangers that no longer exist or does not protect against the dangers that were not contemplated by the founders. Constitutions not only rule but should also protect against deconstitution. When analyzed together, the cases of Hungary, Poland, South America, and more recently, the United States, suggest a worrying new pattern of the erosion of constitutional democracies. One may even speak of a recipe for …
An Instrument At The Forefront Of Social Change: The Legacy Of Joaquin G. Ávila, Steven W. Bender
An Instrument At The Forefront Of Social Change: The Legacy Of Joaquin G. Ávila, Steven W. Bender
Seattle Journal for Social Justice
No abstract provided.
The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence, Molly P. Matter
The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence, Molly P. Matter
Seattle Journal for Social Justice
No abstract provided.
“We Are Still Citizens, Despite Our Regrettable Past” Why A Conviction Should Not Impact Your Right To Vote, Jaime Hawk, Breanne Schuster
“We Are Still Citizens, Despite Our Regrettable Past” Why A Conviction Should Not Impact Your Right To Vote, Jaime Hawk, Breanne Schuster
Seattle Journal for Social Justice
No abstract provided.
What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray
What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray
Arkansas Law Review
The 200th anniversary of the 1819 Supreme Court decision McCulloch v. Maryland offers scholars a special opportunity to study the shortcomings of the federal The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as they were revealed by FEMA’s failures in Puerto Rico during and after Hurricane Maria. Under Article I, Section 8 of the Constitution, as it has been interpreted by McCulloch, a law passed by Congress must be necessary and proper for executing its powers. In light of the expansive capacities allotted for disaster relief under the Stafford Act, and the catastrophic failure of FEMA to provide …
M'Culloch In Context, Mark R. Killenbeck
M'Culloch In Context, Mark R. Killenbeck
Arkansas Law Review
M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example, very few …
The Confusing Language Of Mcculloch V. Maryland: Did Marshall Really Know What He Was Doing (Or Meant)?, Sanford Levinson
The Confusing Language Of Mcculloch V. Maryland: Did Marshall Really Know What He Was Doing (Or Meant)?, Sanford Levinson
Arkansas Law Review
All legal “interpretation” involves confrontation with inherently indeterminate language. I have distinguished in my own work between what I call the Constitution of Settlement and the Constitution of Conversation. The former includes those aspects of the Constitution that do indeed seem devoid of interpretive challenge, such as the unfortunate assignment of two senators to each state or the specification of the terms of office of representatives, senators, and presidents. I am quite happy to concede that “two,” “four,” and “six” have determinate meaning, though my concession is not based on a fancy theory of linguistics. It is, rather, a recognition …
Mcculloch At 200, David S. Schwartz
Mcculloch At 200, David S. Schwartz
Arkansas Law Review
March 6, 2019 marked the 200th anniversary of the Supreme Court’s issuance of its decision in McCulloch v. Maryland, upholding the constitutionality of the Second Bank of the United States, the successor to Alexander Hamilton’s national bank. McCulloch v. Maryland involved a constitutional challenge by the Second Bank of the United States to a Maryland tax on the banknotes issued by the Bank’s Baltimore branch. The tax was probably designed to raise the Second Bank’s cost of issuing loans and thereby disadvantage it relative to Maryland’s own state-chartered banks. Marshall’s opinion famously rejected the Jeffersonian strict-constructionist argument that implied powers …
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Brooklyn Journal of International Law
The legal system in Taiwan is undergoing a transformation. Over a hundred years since the founding of the Republic of China and over thirty years since the end of martial law on Taiwan, a new legal identity is being forged. Public criticism of “dinosaur” judges and esoteric debates among law-trained elites have galvanized efforts to create a more inclusive discussion surrounding legal reforms. Taiwan is facing the challenge of moving from dinosaurs to dynamism. This Article argues that transparency, clarity, and participation both are animating principles of the current reform debate and are beginning to emerge as characteristics of Taiwan’s …
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Brooklyn Journal of International Law
South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that …
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Brooklyn Journal of International Law
In the liberal-democratic tradition limits on speech must be clear, precise, and subject to justification within the particular constitutional framework of a given jurisdiction. In the Hong Kong Special Administrative Region (HKSAR), the Court of Final Appeal has developed a line of jurisprudence that explains under which circumstances the Government of Hong Kong (Government) may seek to limit the free speech provisions contained within the Basic Law, Hong Kong's quasi-constitution. In its fight against ‘localists,’ however, rather than legislating a clear speech restriction that is consistent with this jurisprudence, the Government has instead attempted to suppress unwelcome political speech in …
Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin
Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin
Brooklyn Journal of International Law
Spurred in large part by a mounting humanitarian crisis in Syria, the 2015 migrant crisis exposed deeply rooted fractures within the European Union regarding refugee resettlement. While the European Union worked to develop a synchronized response to the influx of refugees and asylees, Hungary defiantly sought to close its borders. In doing so, the Hungarian government targeted not only those seeking refuge, but its own civil society. In a series of opaque and overtly punitive legislative acts passed in the summer of 2018, Hungary criminalized any civil society activities that facilitate or assist with immigration. This Note will analyze the …
Restoring Effective Congressional Oversight: Reform Proposals For The Enforcement Of Congressional Subpoenas, Kia Rahnama
Restoring Effective Congressional Oversight: Reform Proposals For The Enforcement Of Congressional Subpoenas, Kia Rahnama
Journal of Legislation
This Article proposes possible legislative reforms to Congress’s exercise of its contempt power in combating non-compliance with subpoenas duly issued as part of congressional investigations. With the recent trends in leveraging congressional investigations as an effective tool of separation of powers, this Article seeks to explore the exact bounds of congressional power in responding to executive officers’ noncompliance with congressional subpoenas, and whether or not current practice could be expanded beyond what has historically been tried by the legislative branch. This Article provides a brief summary of the historic practice behind different options for responding to non-compliance with subpoenas (inherent …
Protecting Local Authority In State Constitutions And Challenging Intrastate Preemption, Emily S.P. Baxter
Protecting Local Authority In State Constitutions And Challenging Intrastate Preemption, Emily S.P. Baxter
University of Michigan Journal of Law Reform
In recent years, state legislatures have increasingly passed laws that prohibit or preempt local action on a variety of issues, including fracking, LGBTQIA nondiscrimination, and workplace protections, among others. Often, these preemption laws are a direct response to action at the local level. States pass preemption laws either directly before or directly after a locality passes an ordinance on the same subject. Scholars have seen these preemptive moves as the outcome of the urban disadvantage in state and national government due to partisan gerrymandering.
Preemption may be a feature of our governing system, but it has also become a problematic …
A Second Opinion: Can Windsor V. United States Survive President Trump’S Supreme Court?, Artem M. Joukov
A Second Opinion: Can Windsor V. United States Survive President Trump’S Supreme Court?, Artem M. Joukov
Journal of Law and Policy
This Article examines President Donald Trump’s recent recomposition of the United States Supreme Court and the potential effects on Windsor v. United States and its progeny. The Article considers whether the shifting balance of the Court may lead to reconsideration of Windsor, particularly via attempted exploits of the weaknesses in the standard of review applied to reach the decision. The Article will conclude that while revolutionary, Windsor lacked the doctrinal clarity of its offspring, Obergefell v. Hodges, and therefore may be at greatest risk of reversal by the increasingly conservative Court. In particular, the Court may rely on the conflict …
The President, Foreign Policy, And War Powers: A Survey On The Expansion And Setbacks Of Presidential Power, Michael W. Wilt
The President, Foreign Policy, And War Powers: A Survey On The Expansion And Setbacks Of Presidential Power, Michael W. Wilt
Channels: Where Disciplines Meet
How powerful is the President of the United States in the arena of foreign policy? This question has opened many discussions, and hotly contested debates as to the extent of the president’s actual power. To make matters more complicated, the United States’ foreign policy has developed and evolved over the course of the United States’ more than two-hundred years history. These foreign policy concerns and international conflicts have mired the presidency into debates and consistent trials over the constitutional extent of the presidency, specifically concerning presidential war powers. Moreover, the Presidents have varied in their approaches to each of these …
Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar
Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar
Pace Law Review
This Article discusses the recent decision by the United States Federal Government to indict more than a dozen Russian nationals for conspiracy to defraud the United States of America. The Government accused the Russians of staging protests, distributing false propaganda, and spreading political messages and ideologies online in an effort to affect the outcome of the 2016 Presidential Election. We argue that while the Defendants violated several other laws, the majority of the acts the Government classifies as a conspiracy to defraud the United States should not be considered criminal. Rather, these acts are protected political speech under the First …
Remarks On Prosecutorial Discretion And Immigration, Shoba S. Wadhia
Remarks On Prosecutorial Discretion And Immigration, Shoba S. Wadhia
Dickinson Law Review (2017-Present)
No abstract provided.
Panel 5: Federalism And Separation Of Powers
Panel 5: Federalism And Separation Of Powers
Georgia State University Law Review
Moderator: Eric Segall
Panelists: Stephen Griffin, Neil Kinkopf, and Ilya Somin
Trump V. Hawaii: Dissecting The Controversy Over Presidential Immigration Policies, Paul Taske
Trump V. Hawaii: Dissecting The Controversy Over Presidential Immigration Policies, Paul Taske
Immigration and Human Rights Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Teaching To The Test: Determining The Appropriate Test For First Amendment Challenges To "No Promo Homo" Education Policies, Kameron Dawson
Teaching To The Test: Determining The Appropriate Test For First Amendment Challenges To "No Promo Homo" Education Policies, Kameron Dawson
Tennessee Journal of Law and Policy
Under the current tests set out in Pickering and its progeny, teachers—particularly LGBT and LGBT allies— are being censored in the classroom with “no promo homo” education policies and laws. Although citizens are granted free speech protections through the First Amendment, public employees such as public school teachers generally receive less protection. The Supreme Court has yet to determine a distinct test for public school teachers, leaving discretion to school districts. Currently, in seven states, legislators explicitly prohibit teachers from positively speaking about or correcting misconceptions on homosexuality. In this current age, these policies negatively impact the teacher’s effectiveness inside …
Weed Whacking Through The Tenth Amendment: Navigating A Trump Administration Threat To Withhold Funding From Marijuana-Friendly States, Arlen Gharibian
Weed Whacking Through The Tenth Amendment: Navigating A Trump Administration Threat To Withhold Funding From Marijuana-Friendly States, Arlen Gharibian
Loyola of Los Angeles Law Review
The Trump administration has taken a firm stance against marijuana legalization at the state level. While an official federal policy is still pending, this Article focuses on whether the Trump administration’s threats to preventCalifornia from pursuing its duly enacted marijuana legalization law violates the Tenth Amendment. This Article then addresses how the federal government could achieve its goal while remaining within the bounds of the Constitution.
Hush Don't Say A Word: Safeguarding Student's Freedom Of Expression In The Trump Era, Laura R. Mcneal
Hush Don't Say A Word: Safeguarding Student's Freedom Of Expression In The Trump Era, Laura R. Mcneal
Georgia State University Law Review
The controversy surrounding NFL player Colin Kaepernick’s act of kneeling during the national anthem in protest of police brutality against people of color continues to permeate public discourse. In March 2017, President Trump referenced Colin Kaepernick’s symbolic act during a rally in Louisville, Kentucky, in an effort to illustrate his strong opposition to anyone kneeling during the national anthem. In this speech, President Trump stated that although many NFL franchise owners were interested in signing Colin Kaepernick, many were afraid of receiving a nasty tweet from him. Likewise, in another speech, President Trump stated, “I think it’s a great lack …
Code Mixing As A Form Of Indonesian Identity Based On The Motto Of Bhinneka Tunggal Ika, Fajar Muhammad Nugraha
Code Mixing As A Form Of Indonesian Identity Based On The Motto Of Bhinneka Tunggal Ika, Fajar Muhammad Nugraha
International Review of Humanities Studies
In 2018, the Language Comission of the Ministry of Education and Culture (Kemendikbud) of the Republic of Indonesia has made verification towards all the languages that exists in Indonesia. The verification conducted from 1991 to 2017 resulted in 652 languages to be found. That number still does not include the dialects and their sub-divisions of the 652 languages. Meanwhile, UNESCO recorded 143 languages based on their vitality status. Identity can be interpreted as similarity or unity with others in a certain area or other things (Rummens, 1993: 157-159). "The identity possessed by an individual can be in the form of …