Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (7)
- SelectedWorks (4)
- UIC School of Law (4)
- University of Georgia School of Law (4)
- University of Michigan Law School (3)
-
- Duke Law (2)
- Florida State University College of Law (2)
- North Carolina Central University School of Law (2)
- Pace University (2)
- Pepperdine University (2)
- Seattle University School of Law (2)
- University of Baltimore Law (2)
- University of Colorado Law School (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Pittsburgh School of Law (2)
- William & Mary Law School (2)
- Boston University School of Law (1)
- California Polytechnic State University, San Luis Obispo (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Georgetown University Law Center (1)
- Marquette University Law School (1)
- Selected Works (1)
- The University of Akron (1)
- The University of San Francisco (1)
- University at Buffalo School of Law (1)
- University of Kentucky (1)
- University of Montana (1)
- Wayne State University (1)
- Keyword
-
- Constitution (10)
- Federalism (8)
- Constitutional Law (7)
- Constitutional law (6)
- State and Local Government Law (5)
-
- Fourteenth Amendment (4)
- Touro (4)
- California Constitution (3)
- Due process (3)
- Immigration (3)
- Law and Society (3)
- State constitution (3)
- Tax (3)
- Amendment (2)
- Authority (2)
- California (2)
- Children (2)
- Civil Rights (2)
- Comparative and Foreign Law (2)
- Compensation (2)
- Conduct (2)
- Constitutional (2)
- Due Process (2)
- Eminent domain (2)
- Federal government (2)
- First Amendment (2)
- Gay (2)
- LGBT (2)
- Law (2)
- Law review (2)
- Publication
-
- Touro Law Review (7)
- UIC Law Review (4)
- Faculty Scholarship (3)
- Articles (2)
- Georgia Journal of International & Comparative Law (2)
-
- Georgia Law Review (2)
- Michigan Law Review (2)
- Nevada Law Journal (2)
- North Carolina Central Law Review (2)
- Pace Law Review (2)
- Pepperdine Law Review (2)
- Seattle University Law Review (2)
- University of Baltimore Law Forum (2)
- William & Mary Bill of Rights Journal (2)
- Cleveland State Law Review (1)
- Faculty Law Review Articles (1)
- Florida State University Law Review (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal Articles (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarly Articles (1)
- Levi L Wilkes (1)
- Manoj S. Mate (1)
- Marquette Law Review (1)
- Michael R Miller (1)
- Nancy J. Knauer (1)
- Political Science (1)
- Publications (1)
- SJD Dissertations (1)
- Scholarly Publications (1)
- Publication Type
- File Type
Articles 1 - 30 of 57
Full-Text Articles in Constitutional Law
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
To Yoder Or Not To Yoder? How The Spending Clause Holding In National Federation Of Independent Business V. Sebelius Can Be Used To Challenge The No Child Left Behind Act, Christopher Roma
Pace Law Review
States such as California, Texas, Montana, Nebraska and Pennsylvania all have either declined to apply for waivers out of the testing, accountability, and penalty schemes of No Child Left Behind; or, have had their applications rejected by the Department of Education. This Article argues that these states would have a legitimate challenge to NCLB as unconstitutionally coercive based on the precedent of Sebelius. As discussed more in the sections that follow, not only is NCLB and Title I the largest federal funding program behind Medicaid, it also shares many of the characteristics that the opinions in Sebelius found to be …
Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar
Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar
Touro Law Review
No abstract provided.
Supreme Court, New York County, People V. Cespedes, Kathleen Egan
Supreme Court, New York County, People V. Cespedes, Kathleen Egan
Touro Law Review
No abstract provided.
Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction, Adam D'Antonio
Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction, Adam D'Antonio
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.
Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.
Touro Law Review
No abstract provided.
Retained By The People: Federalism, The Ultimate Sovereign, And Natural Limits On Government Power, Stephanie Hall Barclay
Retained By The People: Federalism, The Ultimate Sovereign, And Natural Limits On Government Power, Stephanie Hall Barclay
William & Mary Bill of Rights Journal
Brewing tensions between state governments and the federal government have reached a boiling point unmatched since the civil rights debates of the 1960s. In light of the rapid expansion of federal power combined with colliding views on various policies, the call for states’ rights has increasingly become a rallying cry for lawmakers that has gained traction with groups on varying points along the political spectrum, as well as a frequent theory employed by the Supreme Court. While the system of federalism created by the Constitution certainly has its unique benefits, and while it is true that the federal government was …
License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour
License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour
Seattle University Law Review
Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …
The Failure And Future Of Lake Okeechobee Water Releases: A Quasi-Governmental Solution, Jacquelyn A. Thomas
The Failure And Future Of Lake Okeechobee Water Releases: A Quasi-Governmental Solution, Jacquelyn A. Thomas
Florida State University Law Review
No abstract provided.
The Political Safeguards Of Horizontal Federalism, Heather K. Gerken, Ari Holtzblatt
The Political Safeguards Of Horizontal Federalism, Heather K. Gerken, Ari Holtzblatt
Michigan Law Review
For decades, we have debated whether “political safeguards” preserve healthy relations between the states and the federal government and thus reduce or eliminate the need for judges to referee state–federal tussles. No one has made such an argument about relations among the states, however, and the few scholars to have considered the question insist that such safeguards don’t exist. This Article takes the opposite view and lays down the intellectual foundations for the political safeguards of horizontal federalism. If you want to know what unites the burgeoning work on horizontal federalism and illuminates the hidden logic of its doctrine, you …
Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley
Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley
Georgia Journal of International & Comparative Law
No abstract provided.
The Urban Situation: Cities’ Place In Decentralized Government Frameworks, Michael R. Miller
The Urban Situation: Cities’ Place In Decentralized Government Frameworks, Michael R. Miller
Michael R Miller
This article compares how several developing, emerging market, and former socialist countries' laws classify or rank city governments in relation both to other tiers of subnational government (e.g., state-, province-, and county-level governments) and to other cities. It primarily focuses on the laws of Brazil, Argentina, Chile, Ghana, Senegal, Nigeria, Kenya, India, Pakistan, Nepal, Egypt, Iran, Morocco, China, Vietnam, Philippines, Russia, Poland, and Kazakhstan.
Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale
Official, National, Common Or Unifying: Do Words Giving Legal Status To Language Diminish Linguistic Human Rights?, Paul C. Hale
Georgia Journal of International & Comparative Law
No abstract provided.
The Right To Travel: Breaking Down The Thousand Petty Fortresses Of State Self-Deportation Laws, R. Linus Chan
The Right To Travel: Breaking Down The Thousand Petty Fortresses Of State Self-Deportation Laws, R. Linus Chan
Pace Law Review
Part I of this Article discusses the limitation of the pre-emption doctrine on state self-deportation laws. Part II discusses a short history of the Supreme Court’s application of the right to travel. Part III explains why the lack of federal authorization or immigrant status does not exclude people from the right to travel’s protection. Part IV discusses how the right to travel relates to citizenship and how the undocumented may exercise what has been described as a privilege or immunity of citizenship. Finally, Part V examines how the current state-based “self-deportation” immigration laws violate the right to travel.
Rethinking The Nevada Campus Protection Act: Future Challenges & Reaching A Legislative Compromise, Brian Vasek
Rethinking The Nevada Campus Protection Act: Future Challenges & Reaching A Legislative Compromise, Brian Vasek
Nevada Law Journal
No abstract provided.
North Carolina's Declaration Of Rights: Fertile Ground In A Federal Climate, Grant E. Buckner
North Carolina's Declaration Of Rights: Fertile Ground In A Federal Climate, Grant E. Buckner
North Carolina Central Law Review
No abstract provided.
Corrosion Of The Confrontation Clause In North Carolina: A Comparison Of State V. Brewington And State V. Ortiz-Zape With State V. Craven, Michelle M. Weiner
Corrosion Of The Confrontation Clause In North Carolina: A Comparison Of State V. Brewington And State V. Ortiz-Zape With State V. Craven, Michelle M. Weiner
North Carolina Central Law Review
No abstract provided.
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
Law Faculty Scholarly Articles
This Article makes two claims, one descriptive and the other normative. The descriptive claim is that individual rights to education have not been realized under state constitutions because the currently dominant structure of education reform litigation prevents such realization. In state constitutional education clause claims, both pleadings and adjudication generally focus on the equality or adequacy of the system as a whole, rather than on any particular student's educational resources or attainment. The Article traces the roots of the currently dominant systemic approach, and finds these roots in federal institutional reform litigation. This systemic focus leads to a systemic, rather …
The Big Chill? - The Likely Impact Of Koontz On The Local Governments/Developer Relationship, Julie A. Tappendorf, Matthew T. Dicanni
The Big Chill? - The Likely Impact Of Koontz On The Local Governments/Developer Relationship, Julie A. Tappendorf, Matthew T. Dicanni
Touro Law Review
This article will explore the doctrine of unconstitutional conditions, showing how it has evolved in the context of land use and come to be the logical underpinning of controversial Supreme Court decisions regarding exactions. Part I will explain the doctrine of unconstitutional conditions, providing a brief overview of its development over the course of the past century. Part II will then discuss how this doctrine has come to be the logical foundation on which the Supreme Court’s exactions jurisprudence rests. Part III will discuss the Koontz decision and its impact on the doctrine of unconstitutional conditions. In Part IV, we …
Cambria's Water War: Legal Analysis Of The Building Moratorium And Its Implications For Land Owners, Jayson Parsons
Cambria's Water War: Legal Analysis Of The Building Moratorium And Its Implications For Land Owners, Jayson Parsons
Political Science
With each passing year, Cambria, California's building moratorium becomes increasingly controversial. The moratorium, enacted by the local community services district in 1986 due to a series of water shortages, has resulted in nearly 43% of all property owners under the district's purview to be denied the ability to develop their parcels. This paper seeks to examine the constitutionality of this moratorium using relevant regulatory takings jurisprudence.
Reviewing United States Supreme Court precedent, including Pennsylvania Coal v. Mahon (1922), Penn Central Transport v. New York City (1978), Lucas v. South Carolina Coastal Council (1992), and Tahoe-Sierra Preservation Council …
A Free Online Guide For Researching The Ohio Constitution, Sue M. Altmeyer
A Free Online Guide For Researching The Ohio Constitution, Sue M. Altmeyer
Sue M Altmeyer
Attorneys and law students should have knowledge of the Ohio Constitution because it offers another legal grounds for their client's cases, sometimes over and above the rights afforded by the U.S. Constitution. The Ohio Constitution is often in the news, pertaining to recent court cases or proposals to amend the state constitution. Various groups are attempting to amend the Ohio Constitution to, among other things, allow for same-sex marriage, marijuana legalization, and to create an Ohio Voter Bill of Rights. The Cleveland-Marshall College of Law Library makes a free research guide available for researching the Ohio Constitution: Law and History …
Nevada Public Policy And Higher Education: The Roles Of The Legislature And The Board Of Regents Under The Nevada Constitution, Thomas B. Mcaffee, Justin James Mcaffee
Nevada Public Policy And Higher Education: The Roles Of The Legislature And The Board Of Regents Under The Nevada Constitution, Thomas B. Mcaffee, Justin James Mcaffee
Nevada Law Journal
No abstract provided.
Looking For Mr. (Or Ms.) Rights, Jack M. Beermann
Looking For Mr. (Or Ms.) Rights, Jack M. Beermann
Shorter Faculty Works
I am on the prowl. It’s 1 a.m. and I’ve been looking for Mr. (or Ms.) Rights all night. I’ve been hanging out in every Article of the Constitution of the United States and I have been deep into the pages of the United States Reports and the Federal Reporter. Oh, I have found plenty of negative rights, like the right to be free from cruel and unusual punishment and the right not to be twice placed in jeopardy for the same criminal act. But I need something more positive in my life. I want those things that make a …
Revisiting Curd V. Mosaic Fertilizer, Llc. A Perversion Of Private Standing Under Section 376.313 Of Florida’S Pollution Discharge Prevention And Recovery Act, Levi L. Wilkes
Levi L Wilkes
No abstract provided.
Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, Nancy J. Knauer
Navigating A Post-Windsor World: The Promise And Limits Of Marriage Equality, Nancy J. Knauer
Nancy J. Knauer
When the 2013 landmark decision in U.S. v. Windsor invalidated part of the Defense of Marriage Act (DOMA), it was hailed as a landmark civil rights victory, but its implementation has been far from seamless. The federal government has not applied a uniform rule for marriage recognition, applying a state-of-domicile rule for some purposes (Social Security) and a broader state-of-celebration rule for others (e.g., federal tax matters). Moreover, Windsor did not directly address the state-level marriage prohibitions that remain in place in the majority of states. As a result, the United States continues to be a patchwork of marriage laws …
Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York, Sarah Marx
Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York, Sarah Marx
Touro Law Review
No abstract provided.
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Pepperdine Law Review
No abstract provided.
Preserving Home Rule: The Text, Purpose, And Political Theory Of California’S Municipal Affairs Clause, Brett A. Stroud
Preserving Home Rule: The Text, Purpose, And Political Theory Of California’S Municipal Affairs Clause, Brett A. Stroud
Pepperdine Law Review
No abstract provided.
Taking States (And Metaphysics) Seriously, Sanford Levinson
Taking States (And Metaphysics) Seriously, Sanford Levinson
Michigan Law Review
Sotirios A. Barber has written many incisive and important books, in addition to coediting an especially interesting casebook on constitutional law and interpretation. He is also a political theorist. An important part of his overall approach to constitutional theory is his philosophical commitment to “moral realism.” He believes in the metaphysical reality of moral and political truths, the most important of which, for any constitutional theorist, involve the meanings of justice and the common good. He not only believes in the ontological reality of such truths — that is, that these truths are more than mere human conventions or social …
State “Subsidies” And Unnecessary Public Funding: The Texas Legislature’S Successful Restriction Of Constitutional Rights In Department Of Texas V. Texas Lottery Commission, Tyler A. Dever Ms.
State “Subsidies” And Unnecessary Public Funding: The Texas Legislature’S Successful Restriction Of Constitutional Rights In Department Of Texas V. Texas Lottery Commission, Tyler A. Dever Ms.
Tyler A Dever Ms.
This Note argues that the Act’s political advocacy restrictions are unconstitutional as applied to the Plaintiffs in Texas Lottery. This Note discusses government subsidies, occupational licenses, and the doctrine of unconstitutional conditions. It then analyzes the charitable organizations’ First Amendment rights in light of the challenged Act. Although this Note argues against the majority’s upholding of the Act, it will also present flaws in the plaintiffs’ argument for injunction and explain why the court may have ruled in favor of the state.