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Articles 1 - 30 of 38
Full-Text Articles in Constitutional Law
From Constitutional Listening To Constitutional Learning, Leigh Jenco
From Constitutional Listening To Constitutional Learning, Leigh Jenco
Chicago-Kent Law Review
In this article, I point out some limitations of Michael Dowdle's "listening" model, particularly its basis in the "principle of charity." I try to show that listening, as well as the principle of charity, are inadvertently passive and one-sided exercises that seem to have little similarity to the deeply self-transformative "learning" Dowdle urges us to undertake. I go on to suggest other ways of accomplishing the goals Dowdle sets for this project. Specifically, I develop the "self-reflexive approach" to think about how we might change ourselves—our conversations, our terms, our concerns—in addition to, and in the process of, learning from …
From Constitutional Listening To Moral Listening, Roy Tseng
From Constitutional Listening To Moral Listening, Roy Tseng
Chicago-Kent Law Review
In order to provide comments on Michael Dowdle's account of "Constitutional Listening," this paper aims to establish three counter-arguments. First of all, in contrast to Dowdle's particularly narrow understanding of liberalism, I argue that to evaluate the moral import of liberalism properly, we need to draw attention to the diversities of liberalism. According to what I will call "historicist liberalism," for example, in understanding other cultures we should try to show sensitivities toward alien political systems and moral values. Second of all, although I appreciate Dowdle's effort to avoid the misinterpretation of non-Western constitutional discourse, I do not agree with …
Constitutional Listening, Michael W. Dowdle
Constitutional Listening, Michael W. Dowdle
Chicago-Kent Law Review
This article explores a particular methodology of comparative constitutional analysis that it calls "constitutional listening." Derived from the interpretive "principle of charity," constitutional listening involves interpreting constitutional discourse of other polities in their best light. This includes not simply polities whose constitutional structures and values resemble our own, but perhaps even more importantly, polities and constitutional systems whose values and structures seem alien to us. The value of this methodology, it is argued, lies in its ability to expand our understanding of the diversity of experiences that have gone into the human project of constitutionalism, and in the diversity of …
The Right To Refuse Life Sustaining Medical Treatment And The Noncompetent Nonterminally Ill Patient: An Analysis Of Abridgment And Anarchy, Elizabeth Helene Adamson
The Right To Refuse Life Sustaining Medical Treatment And The Noncompetent Nonterminally Ill Patient: An Analysis Of Abridgment And Anarchy, Elizabeth Helene Adamson
Pepperdine Law Review
No abstract provided.
Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle , Bretton G. Sciaroni
Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle , Bretton G. Sciaroni
Pepperdine Law Review
No abstract provided.
Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt
Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt
Pepperdine Law Review
No abstract provided.
Deinstitutionalization Of Status Offenders: In Perspective , Robert W. Sweet Jr.
Deinstitutionalization Of Status Offenders: In Perspective , Robert W. Sweet Jr.
Pepperdine Law Review
No abstract provided.
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
Pepperdine Law Review
No abstract provided.
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Pepperdine Law Review
No abstract provided.
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
Pepperdine Law Review
No abstract provided.
Constitutional Advocacy Explains Constitutional Outcomes, Stephen A. Higginson
Constitutional Advocacy Explains Constitutional Outcomes, Stephen A. Higginson
Florida Law Review
In oral argument in Baker v. Carr, Attorney Z.T. Osborn, Jr., on behalf of Tennessee voters arguing that the U.S. Supreme Court should hold legislative apportionment ajusticiable issue, exclaimed that "the motto of the Supreme Court of Tennessee is Fiat justicia ruat caelum; Let justice be done if the skies should fall." With that exhortation, Osborn remarked to the Court, "We have no other place to go. Weare at the capital of the world.
Reining In Abuses Of Executive Power Through Substantive Due Process, Rosalie Berger
Reining In Abuses Of Executive Power Through Substantive Due Process, Rosalie Berger
Florida Law Review
Although substantive due process is one of the most confusing and controversial areas of constitutional law, it is well established that the Due Process Clause includes a substantive component that “bars certain arbitrary wrongful government actions ‘regardless of the fairness of the procedures used to implement them.’” The Court has recognized substantive due process limitations on law-enforcement personnel, publicschool officials, government employers, and those who render decisions that affect our property rights. Government officials who act with intent to harm or with deliberate indifference to our rights have been found to engage in conduct that “shocks the judicial conscience” contrary …
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
Pepperdine Law Review
No abstract provided.
California's Constitutional Right To Privacy, J. Clark Kelso
California's Constitutional Right To Privacy, J. Clark Kelso
Pepperdine Law Review
No abstract provided.
Health Care Providers Meet Erisa: Are Provider Claims For Misrepresentation Of Coverage Preempted, Jeffrey A. Brauch
Health Care Providers Meet Erisa: Are Provider Claims For Misrepresentation Of Coverage Preempted, Jeffrey A. Brauch
Pepperdine Law Review
No abstract provided.
Walking The Invisible Line Of Punitive Damages: Txo Production Corp. V. Alliance Resources Corp. , Nancy G. Dragutsky
Walking The Invisible Line Of Punitive Damages: Txo Production Corp. V. Alliance Resources Corp. , Nancy G. Dragutsky
Pepperdine Law Review
No abstract provided.
Split-Recovery: A Constitutional Answer To The Punitive Damage Dilemma, Clay R. Stevens
Split-Recovery: A Constitutional Answer To The Punitive Damage Dilemma, Clay R. Stevens
Pepperdine Law Review
No abstract provided.
United States V. Lopez: Artificial Respiration For The Tenth Amendment , Eric W. Hagen
United States V. Lopez: Artificial Respiration For The Tenth Amendment , Eric W. Hagen
Pepperdine Law Review
No abstract provided.
Mandatory Chemical Castration For Perpetrators Of Sex Offenses Against Children: Following California's Lead, Peter J. Gimino Iii
Mandatory Chemical Castration For Perpetrators Of Sex Offenses Against Children: Following California's Lead, Peter J. Gimino Iii
Pepperdine Law Review
No abstract provided.
How To Move Beyond The Exclusionary Rule: Structuring Judicial Response To Legislative Reform Efforts, Harold J. Krent
How To Move Beyond The Exclusionary Rule: Structuring Judicial Response To Legislative Reform Efforts, Harold J. Krent
Pepperdine Law Review
No abstract provided.
Federalism And Preemption In October Term 1999, Jonathan D. Varat
Federalism And Preemption In October Term 1999, Jonathan D. Varat
Pepperdine Law Review
No abstract provided.
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Violence Is Never The Answer, Or Is It? Constitutionality Of California's Violent Video Game Regulation, Laura Black
Violence Is Never The Answer, Or Is It? Constitutionality Of California's Violent Video Game Regulation, Laura Black
The Journal of Business, Entrepreneurship & the Law
In 2011, the United States Supreme Court ruled that the California law proscribing the sale of violent video games to minors violated the First Amendment and was, therefore, unconstitutional. Because this is the first video game case to be heard by the Supreme Court, the decision marked a significant milestone for the video game and entertainment industries. The beginning of this note will review the history leading up to the passage of the law as well as examine previous attempts by other states to regulate the distribution of violent video games to minors. Most importantly, this note will explore the …
The Future Of Limitless Debate: The Filibuster In The 113th Congress, Mark Kogan
The Future Of Limitless Debate: The Filibuster In The 113th Congress, Mark Kogan
Legislation and Policy Brief
Human cloning, the caning of teen vandals, and the belief that aliens descend from space to abduct humans and livestock all hold something in common: they are more popular than Congress. With the 112th Congress bottoming out at a record-low 9% approval rating, it is clear that Americans are deeply unsatisfied with the gridlock gripping Washington. While it is popular, and even easy, to lambaste Republicans for blanket obstructionism and to condemn Democrats for failure to stand up to minority bullying, collective blame shifting will not breach the dam of a hyper-partisan Congress. Instead, individuals hoping to get Congress moving …
Wikileaks And The First Amendment, Geoffrey R. Stone
Wikileaks And The First Amendment, Geoffrey R. Stone
Federal Communications Law Journal
FCBA Distinguished Speaker Series
In November 2010, Julian Assange's WikiLeaks collaborated with major media organizations to release thousands of classified U.S. State Department documents. American soldier Bradley Manning stands accused of leaking those documents to the website. In response, Congress introduced the SHIELD Act to amend the Espionage Act of 1917, making it a crime for any person to disseminate any classified information concerning American intelligence or the identity of a classified informant. Such sweeping language, while possibly constitutional as applied to government employees like Manning, is plainly unconstitutional as applied to those like Assange and WikiLeaks who subsequently publish …
Bart Cell Phone Service Shutdown: Time For A Virtual Forum?, Rachel Lackert
Bart Cell Phone Service Shutdown: Time For A Virtual Forum?, Rachel Lackert
Federal Communications Law Journal
The balancing act between protecting First Amendment rights and the necessity of law enforcement to maintain the public order is not simple under normal circumstances. On August 11, 2011, San Francisco's Bay Area Rapid Transit ("BART") created a paradigm embodying the very essence of this problem by shutting down cell phone and Internet service to prevent citizens from organizing and planning a protest. Both the constitutional and telecommunications law implications of BART's cell phone and Internet shutdown beg for analysis and reform, especially in an age of rapidly advancing technology. This Note analyzes the legal implications of BART's shutdown, and …
The Fcc’S Sponsorship Identification Rules: Ineffective Regulation Of Embedded Advertising In Today’S Media Marketplace, Jennifer Fujawa
The Fcc’S Sponsorship Identification Rules: Ineffective Regulation Of Embedded Advertising In Today’S Media Marketplace, Jennifer Fujawa
Federal Communications Law Journal
In the contemporary media landscape, the advertising industry is increasingly relying on embedded advertising to reach consumers. The scope of embedded advertising in today's marketplace raises significant concerns and complicated First Amendment questions regarding the type of regulation needed to suit the interests of all parties concerned. In 2008, the FCC released a joint Notice of Intent/Notice of Proposed Rulemaking entitled Sponsorship Identification Rules & Embedded Advertising, which requested comments on the FCC's proposed changes to its sponsorship identification rules in light of this growing prevalence of embedded advertising. Yet, four years later, the FCC's sponsorship identification rules are exactly …
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
University of Richmond Law Review
No abstract provided.
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore
Legislation and Policy Brief
In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …