Constitutional Law Commons^™

The Balanced Budget Amendment: A Threat To The Constitutional Order, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.

Lochner, Lawrence, And Liberty, Joseph F. Morrissey

Georgia State University Law Review

Many of the states of the United States have statutes, constitutional provisions, and court decisions that deny individuals the right to have a family, specifically a spouse and children, based on sexual orientation.

Advocates have made a wide variety of arguments attacking such restrictions. Scholars and litigants frequently argue that such acts violate constitutional guarantees of equal protection or invade a constitutional right to privacy. However, such arguments are often defeated by counter arguments presented with religious, moral, and even emotional fervor.

This article presents and defends a new analytical framework based on liberty of contract to advance gay rights. …

Flawed Assumptions: A Corporate Law Analysis Of Free Speech And Corporate Personhood In Citizens United, Anne M. Tucker

Faculty Publications By Year

In the wake of the January, 2010 Supreme Court decision in Citizens United, special interest groups, citizens, and politicians alike have engaged in a rigorous debate about the role of corporate speech within our democratic process. The First Amendment issues raised in Citizens United - to that extent do corporations have a constitutionally protected right to participate in and influence our elections through expenditures - evoke larger questions about the roles, rights, and responsibilities of corporations within our society. This article concludes that the Supreme Court did not reference corporate law principles when analyzing the fundamental First Amendment debate in …

Can Congress Ban People From Threatening To Burn The Quran? Yes: No Rights Are Absolute, Especially Amid Legitimate Safety Issues, Jessica D. Gabel

Faculty Publications By Year

No abstract provided.

Overcoming Defiance Of The Constitution: The Need For A Federal Role In Protecting The Right To Counsel In Georgia, Stephen B. Bright, Lauren Sudeall Lucas

Faculty Publications By Year

In their issue brief, Mr. Bright and Ms. Lucas discuss the problems that have existed in Georgia’s indigent defense system since Gideon was handed down. They contend that “[a]ll three branches of Georgia’s government have failed in their constitutional responsibility to ensure that poor people accused of crimes are effectively represented by competent lawyers.” They also argue that “[t]he federal government, which has made immense contributions to the prosecution of criminal cases in Georgia through grants to law enforcement, prosecutors, and courts, shares responsibility for the integrity of Georgia’s criminal justice system and the enforcement of the constitutional right to …

Desegregating Legal Education, Peggy Cooper Davis

Georgia State University Law Review

This is a transcription of the 44th Henry J. Miller Distinguished Lecture given by Professor Peggy Cooper Davis of New York University School of Law.

Elena Kagan Can't Say That: The Sorry State Of Political Discourse Regarding Constitutional Interpretation, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.

Putting Separation Of Powers Into Practice: Reflections On Senator Schumer's Essay, Neil J. Kinkopf, Patricia Wald

Faculty Publications By Year

No abstract provided.

Signing Statements And The President's Authority To Refuse To Enforce The Law, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.

Miranda And The Media: Tracing The Cultural Evolution Of A Constitutional Revolution, Russell D. Covey

Faculty Publications By Year

This article explores the depiction of interrogation in film and television from the 1940s to the present, and contrasts that imagery with the Supreme Court's interrogation jurisprudence over the same time frame. Although my treatment of the subject is necessarily only fragmentary (a comprehensive review of either topic would fill many volumes), this article hazards a few tentative hypotheses.

The Foreign Source Doctrine: Explaining The Role Of Foreign And International Law In Interpreting The Constitution, Timothy K. Kuhner

Faculty Publications By Year

This article brings much-needed precision to the debate over the Supreme Court's use of foreign and international law to interpret the Constitution. The debate has been both imprecise, ignoring the subtleties of the phenomenon at issue, and prematurely abstract, jumping to theoretical and ideological levels without first looking to establish the specifics. By focusing on the particular areas of constitutional text subjected to foreign sources and the longstanding lines of caselaw upon which the use of foreign sources builds, this article reveals that a doctrine has crystallized around the use of foreign sources. The doctrine specifies the precise uses to …

The Congress As Surge Protector, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.

After Grutter Things Get Interesting! The American Debate Over Affirmative Action Is Finally Ready For Some Fresh Ideas From Abroad, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

The Tuttle Trilogy: Habeas Corpus And Human Rights, Anne S. Emanuel

Faculty Publications By Year

No abstract provided.

The Scope Of 'High Crimes And Misdemeanors' After The Impeachment Of President Clinton, Neil J. Kinkopf

Faculty Publications By Year

Constitutional theorists have begun focusing a great deal of attention on constitutionalism outside the judiciary. As Professor Neal Katyal points out in his insightful paper, the impeachment and trial of President Clinton provide an outstanding opportunity to reflect upon the practice of constitutionalism outside the courts. During these episodes, the House of Representatives and the Senate confronted numerous constitutional questions, but rarely resolved them on the basis of an identifiable construction of the Constitution's meaning. There is, however, at least one important question of constitutional interpretation that the House of Representatives must be understood to have resolved: the scope of …

5 U.S. (1 Cranch) 137, 175, Eric J. Segall

Faculty Publications By Year

No abstract provided.

A Century Lost: The End Of The Originalism Debate, Eric J. Segall

Faculty Publications By Year

Focuses on the originalism debate on the constitutional law of the United States. Contemporary debate; Analysis on the debate; Views an arguments on originalism.

Adventures In The Zone Of Twilight: Separation Of Powers And National Economic Security In The Mexican Bailout, Russell D. Covey

Faculty Publications By Year

No abstract provided.

Malice In Wonderland: Fictionalized Quotations And The Constitutionally Compelled Substantial Truth Doctrine, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.

Deferring To The Judgment Of Mental Health And Related Professionals In Striking The Constitutional Balance Between Individual Liberty And The Interests Of The State, Patrick Wiseman

Faculty Publications By Year

No abstract provided.

Three Generations, No Imbeciles: New Light On Buck V. Bell, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.