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Articles 31 - 52 of 52
Full-Text Articles in Constitutional Law
From Negative To Positive Algorithm Rights, Cary Coglianese, Kat Hefter
From Negative To Positive Algorithm Rights, Cary Coglianese, Kat Hefter
All Faculty Scholarship
Artificial intelligence, or “AI,” is raising alarm bells. Advocates and scholars propose policies to constrain or even prohibit certain AI uses by governmental entities. These efforts to establish a negative right to be free from AI stem from an understandable motivation to protect the public from arbitrary, biased, or unjust applications of algorithms. This movement to enshrine protective rights follows a familiar pattern of suspicion that has accompanied the introduction of other technologies into governmental processes. Sometimes this initial suspicion of a new technology later transforms into widespread acceptance and even a demand for its use. In this paper, we …
Presidential Accountability And The Rule Of Law: Can The President Claim Immunity If He Shoots Someone On Fifth Avenue?, Claire Oakes Finkelstein, Richard Painter
Presidential Accountability And The Rule Of Law: Can The President Claim Immunity If He Shoots Someone On Fifth Avenue?, Claire Oakes Finkelstein, Richard Painter
All Faculty Scholarship
Can a sitting President be indicted while in office? This critical constitutional question has never been directly answered by any court or legislative body. The prevailing wisdom, however, is that, though he may be investigated, a sitting President is immune from actual prosecution. The concept of presidential immunity, however, has hastened the erosion of checks and balances in the federal government and weakened our ability to rein in renegade Presidents. It has enabled sitting Presidents to impede the enforcement of subpoenas and other tools of investigation by prosecutors, both federal and state, as well as to claim imperviousness to civil …
The Runaway Presidential Power Over Diplomacy, Jean Galbraith
The Runaway Presidential Power Over Diplomacy, Jean Galbraith
All Faculty Scholarship
The President claims exclusive control over diplomacy within our constitutional system. Relying on this claim, executive branch lawyers repeatedly reject congressional mandates regarding international engagement. In their view, Congress cannot specify what the policy of the United States is with respect to foreign corruption, cannot bar a technology-focused agency from communicating with China, cannot impose notice requirements for withdrawal from a treaty with Russia, cannot instruct Treasury officials how to vote in the World Bank, and cannot require the disclosure of a trade-related report. And these are just a few of many examples from recent years. The President’s assertedly exclusive …
Foreword: In Honor Of Stephen Burbank: Beyond The Forest And The Trees, Diane P. Wood
Foreword: In Honor Of Stephen Burbank: Beyond The Forest And The Trees, Diane P. Wood
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Architecture Of Judicial Ethics, Charles Gardner Geyh
The Architecture Of Judicial Ethics, Charles Gardner Geyh
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Rulemaking’S Second Founding, Richard Marcus
Rulemaking’S Second Founding, Richard Marcus
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Exploring The Interpretation And Application Of Procedural Rules: The Problem Of Implicit And Institutional Racial Bias, Edward A. Purcell Jr.
Exploring The Interpretation And Application Of Procedural Rules: The Problem Of Implicit And Institutional Racial Bias, Edward A. Purcell Jr.
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Virtual Guilty Pleas, Jenia I. Turner
Virtual Guilty Pleas, Jenia I. Turner
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Political And Practical Effects Of The Unwritten Rules Of The Senate On The Judicial Appointment Process, Gregory F. Burton
Political And Practical Effects Of The Unwritten Rules Of The Senate On The Judicial Appointment Process, Gregory F. Burton
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Supreme Court’S Hands-Off Approach To Religious Questions In The Era Of Covid-19 And Beyond, Samuel J. Levine
The Supreme Court’S Hands-Off Approach To Religious Questions In The Era Of Covid-19 And Beyond, Samuel J. Levine
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Dual Federalism, Constitutional Openings, And The Convention On The Rights Of Persons With Disabilities, Benjamin A. Barsky
Dual Federalism, Constitutional Openings, And The Convention On The Rights Of Persons With Disabilities, Benjamin A. Barsky
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Equality And Family Autonomy, Katharine K. Baker
Equality And Family Autonomy, Katharine K. Baker
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The First Civil Rights Movement: Black Rights In The Age Of The Revolution And Chief Taney’S Originalism In Dred Scott, Paul Finkelman
The First Civil Rights Movement: Black Rights In The Age Of The Revolution And Chief Taney’S Originalism In Dred Scott, Paul Finkelman
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Roger Taney: Intersectional Racist In An Age Of Racist Differentiation, Michael Haggerty, Gregory P. Downs
Roger Taney: Intersectional Racist In An Age Of Racist Differentiation, Michael Haggerty, Gregory P. Downs
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Juries, Democracy, And Petty Crime, John D. King
Juries, Democracy, And Petty Crime, John D. King
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
"A Reasonably Comparable Evil": Expanding Intersectional Claims Under Title Vii Using Existing Precedent, Patrick Berning-O'Neill
"A Reasonably Comparable Evil": Expanding Intersectional Claims Under Title Vii Using Existing Precedent, Patrick Berning-O'Neill
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Crisis And Disconnect: Electoral Legitimacy And Proposals For Election Reform, Bradley A. Smith
Crisis And Disconnect: Electoral Legitimacy And Proposals For Election Reform, Bradley A. Smith
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Horizontal Choice Of Law In Federal Court, Zachary D. Clopton
Horizontal Choice Of Law In Federal Court, Zachary D. Clopton
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Supreme Court And The People: Communicating Decisions To The Public, Barry Sullivan, Ramon Feldbrin
The Supreme Court And The People: Communicating Decisions To The Public, Barry Sullivan, Ramon Feldbrin
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Dred Scott And Asian Americans: Was Chief Justice Taney The First Critical Race Theorist?, Kevin R. Johnson
Dred Scott And Asian Americans: Was Chief Justice Taney The First Critical Race Theorist?, Kevin R. Johnson
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Appointment Of Counsel In Collateral Review, Diana Cummiskey
The Appointment Of Counsel In Collateral Review, Diana Cummiskey
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Navigating The Identity Thicket: Trademark's Lost Theory Of Personality, The Right Of Publicity, And Preemption, Jennifer E. Rothman
Navigating The Identity Thicket: Trademark's Lost Theory Of Personality, The Right Of Publicity, And Preemption, Jennifer E. Rothman
All Faculty Scholarship
Both trademark and unfair competition laws and state right of publicity laws protect against unauthorized uses of a person’s identity. Increasingly, however, these rights are working at odds with one another, and can point in different directions with regard to who controls a person’s name, likeness, and broader indicia of identity. This creates what I call an "identity thicket" of overlapping and conflicting rights over a person’s identity. Current jurisprudence provides little to no guidance on the most basic questions surrounding this thicket, such as what right to use a person’s identity, if any, flows from the transfer of marks …