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Articles 1 - 16 of 16
Full-Text Articles in Constitutional Law
A Constitution For The Age Of Demagogues: Using The Twenty-Fifth Amendment To Remove An Unfit President, Paul F. Campos
A Constitution For The Age Of Demagogues: Using The Twenty-Fifth Amendment To Remove An Unfit President, Paul F. Campos
Publications
This Article argues that, properly understood, the 25th Amendment is designed to allow the executive and legislative branches, working together, to remove a president from office when it becomes evident that the person elevated to that office by the electoral process is manifestly unsuited for what can, without exaggeration, be described as the most important job in the world.
It argues further that the first two years of Donald Trump’s presidency have provided a great deal of evidence for the proposition that President Trump has in fact demonstrated the requisite level of fundamental unfitness for the office that would justify …
Government Lies And The Press Clause, Helen Norton
Government Lies And The Press Clause, Helen Norton
Publications
This essay considers a particular universe of potentially dangerous governmental falsehoods: the government's lies and misrepresentations about and to the press.
Government's efforts to regulate private speakers' lies clearly implicate the First Amendment, as many (but not all) of our own lies are protected by the Free Speech Clause. But because the government does not have First Amendment rights of its own when it speaks, the constitutional limits, if any, on the government's own lies are considerably less clear.
In earlier work I have explored in some detail the Free Speech and Due Process Clauses as possible constraints on certain …
An Expressive Theory Of Privacy Intrusions, Craig Konnoth
An Expressive Theory Of Privacy Intrusions, Craig Konnoth
Publications
The harms of privacy intrusions are numerous. They include discrimination, reputational harm, and chilling effects on speech, thought, and behavior. However, scholarship has yet to fully recognize a kind of privacy harm that this article terms "expressive."
Depending on where the search is taking place and who the actors involved are--a teacher in a school, the police on the street, a food inspector in a restaurant--victims and observers might infer different messages from the search. The search marks the importance of certain societal values such as law enforcement or food safety. It can also send messages about certain groups by …
Marriage, Abortion, And Coming Out, Scott Skinner-Thompson, Sylvia A. Law, Hugh Baran
Marriage, Abortion, And Coming Out, Scott Skinner-Thompson, Sylvia A. Law, Hugh Baran
Publications
Over the past two decades, legal protections for lesbian, gay, and bisexual individuals have dramatically expanded. Simultaneously, meaningful access to reproductive choice for women has eroded. What accounts for the different trajectories of LGBTQ rights and reproductive rights?
This Piece argues that one explanation—or at least partial explanation—for the advance of LGBTQ rights relative to reproductive rights is the differing degree to which individuals have come out about their experiences with sexuality compared to coming out about experiences with unplanned pregnancies. In particular, as catalogued in this Piece, popular media portrayals of lesbian and gay individuals have proliferated, broadening the …
Diversity And The Practice Of Interest Assessment, Robert F. Nagel
Diversity And The Practice Of Interest Assessment, Robert F. Nagel
Publications
No abstract provided.
Marbury V. Madison And Modern Judicial Review, Robert F. Nagel
Marbury V. Madison And Modern Judicial Review, Robert F. Nagel
Publications
This Article compares the realist critique of Marbury with several revisionist defenses of that decision. Realists claim to see Marbury as essentially political and thus as the fountainhead of modern judicial review. Revisionists claim to see the decision as legalistically justified and thus inconsistent with current practices. Close examination, however, indicates that, despite sharp rhetorical differences, these two accounts are largely complementary rather than inconsistent. Each envisions Marbury as embodying elements of both political realism and legal formalism. Once the false argument about whether Marbury was either political or legal is put aside, it is possible to trace the influence …
Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel
Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel
Publications
No abstract provided.
This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag
This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag
Publications
No abstract provided.
Ackerman's Proposal For Popular Constitutional Lawmaking: Can It Realize His Aspirations For Dualist Democracy?, Philip J. Weiser
Ackerman's Proposal For Popular Constitutional Lawmaking: Can It Realize His Aspirations For Dualist Democracy?, Philip J. Weiser
Publications
No abstract provided.
Unfocused Governmental Interests, Robert F. Nagel
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Publications
No abstract provided.
Forgetting The Constitution, Robert F. Nagel
The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel
The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel
Publications
No abstract provided.
Teaching Tolerance, Robert F. Nagel
Freedom Of Speech As Therapy, Pierre Schlag
The Formulaic Constitution, Robert F. Nagel
The Formulaic Constitution, Robert F. Nagel
Publications
The Supreme Court's constitutional jurisprudence of late has been filled with formulae - tests that must be met, hurdles that must be overcome. This multi-pronged analytical technique is, according to Professor Nagel, distancing the Justices from both their audience, the American public, and their text, the Constitution. In an effort to retain the authority of that text, the Court is instead displacing it; in an effort to persuade that audience, the Court is instead excluding it. Furthermore, the Court's attempt to constrain judges has actually created an irresponsible judicial freedom, while its attempt to locate a middle ground between the …