Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law Commons

Open Access. Powered by Scholars. Published by Universities.®

31,821 Full-Text Articles 17,470 Authors 19,284,091 Downloads 250 Institutions

All Articles in Constitutional Law

Faceted Search

31,821 full-text articles. Page 1 of 778.

Red-Flag Laws, Civilian Firearms Ownership And Measures Of Freedom, Royce de R. Barondes 2023 University of Missouri School of Law

Red-Flag Laws, Civilian Firearms Ownership And Measures Of Freedom, Royce De R. Barondes

Faculty Publications

This essay provides context for an assessment of a part of the recently-enacted Bipartisan Safer Communities Act--federal legislation funding state red-flag procedures, which allow for seizures of firearms from persons who have not committed crimes.

First, it assesses Maryland’s experience during the first year of implementing these procedures. The essay details computations, extrapolating from Maryland’s first-year experience, showing that adoption of these statutes causes blameless persons to be subject to being killed by the government at a rate comparable to or in excess of the murder rate.

Second, the essay identifies an overlooked impact of this federal legislation ...


On Fires, Floods, And Federalism, Andrew Hammond 2023 University of Florida Levin College of Law

On Fires, Floods, And Federalism, Andrew Hammond

UF Law Faculty Publications

In the United States, law condemns poor people to their fates in states. Where Americans live continues to dictate whether they can access cash, food, and medical assistance. What’s more, immigrants, territorial residents, and tribal members encounter deteriorated corners of the American welfare state. Nonetheless, despite repeated retrenchment efforts, this patchwork of programs has proven remarkably resilient. Yet, the ability of the United States to meet its people’s most basic needs now faces an unprecedented challenge: climate change. As extreme weather events like wildfires and hurricanes become more frequent and more intense, these climate-fueled disasters will displace and ...


Macro-Judging And Article Iii Exceptionalism, Merritt E. McAlister 2023 University of Florida Levin College of Law

Macro-Judging And Article Iii Exceptionalism, Merritt E. Mcalister

UF Law Faculty Publications

Over the last half-century, the federal courts have faced down two competing crises: an increase in small, low-value litigation thought unworthy of Article III attention and an increase in the numbers and complexity of “big” cases thought worthy of those resources. The choice was what to prioritize and how, and the answer the courts gave was consistent across all levels of the federal judiciary. Using what this Article calls “macro-judging,” Article III judges entrenched their own power and autonomy to focus on the work they deemed most “worthy” of their attention, while outsourcing less “important” work to an array of ...


Bottom-Rung Appeals, Merritt E. McAlister 2023 University of Florida Levin College of Law

Bottom-Rung Appeals, Merritt E. Mcalister

UF Law Faculty Publications

There are haves and have-nots in the federal appellate courts, and the haves get more attention. For decades the courts have used a triage regime where they distribute judicial attention selectively: some appeals receive a lot of judicial attention, some appeals receive barely any. What this work unearths is that this triage system produces demonstrably unequal results depending on the circuit handling the appeal and whether the appellant has counsel or not. Together, these two factors produce dramatic disparities: in one circuit, for example, an unrepresented appellant receives, on average, a decision less than a tenth the length of a ...


Racial Transitional Justice In The United States, Yuvraj Joshi 2023 Allard School of Law at the University of British Columbia

Racial Transitional Justice In The United States, Yuvraj Joshi

All Faculty Publications

For years, the United States government has endorsed transitional justice approaches abroad while ignoring the need for transitional justice at home. Recently, racial justice uprisings have shifted U.S.-based discussions of transitional justice, from gazing outward toward the international community to attending to the legacies of slavery, segregation, and white supremacy at home. This chapter demonstrates that the centuries-long oppression of Black Americans is precisely the kind of massive human rights violation that necessitates a systematic transitional justice response. Using historical, legal, and comparative analyses, it reveals that the United States has employed its own versions of transitional justice ...


New Light On The History Of Free Exercise Exemptions: The Debates In Two Eighteenth-Century State Legislatures, Stanton D. Krauss Prof. 2022 Quinnipiac University

New Light On The History Of Free Exercise Exemptions: The Debates In Two Eighteenth-Century State Legislatures, Stanton D. Krauss Prof.

Catholic University Law Review

As Justice Gorsuch pointed out in his concurring opinion in Masterpiece Cakeshop v. Colorado Civil Rights Commission, 138 S. Ct. 1719, 1734 (2018), there is an ongoing debate about whether the First Amendment ever requires the recognition of religion-based exemptions to neutral and generally applicable laws. The leading proponent of such exemptions has argued that the original understanding of the Free Exercise Clause supports his claim, and that the existence of such exemptions in preconstitutional American statutes – which he believed to have been granted because legislators thought them mandated by “the free exercise principle” – is one factor pointing in that ...


Lower Court Originalism, Ryan C. Williams 2022 Boston College Law School

Lower Court Originalism, Ryan C. Williams

Boston College Law School Faculty Papers

Originalism is among the most significant and contentious topics in all of constitutional law and has generated a massive literature addressing almost every aspect of the theory. But curiously absent from this literature is any sustained consideration of the distinctive role of lower courts as expositors of constitutional meaning and the particular challenges that such courts may confront in attempting to incorporate originalist interpretive methods into their own decisionmaking. Like most constitutional theories, originalism has tended to focus myopically on a select handful of decisionmakers—paradigmatically, the Justices of the Supreme Court—as the principal expositors of constitutional meaning. While ...


Textualism And The Indian Canons Of Statutory Construction, Alex Tallchief Skibine 2022 University of Utah S.J. Quinney College of Law

Textualism And The Indian Canons Of Statutory Construction, Alex Tallchief Skibine

University of Michigan Journal of Law Reform

When interpreting statutes enacted for the benefit or regulation of Indians or construing treaties signed with Indian nations, courts are supposed to apply any of five specific canons of construction relating to Indian Affairs. Through examining the modern line of Supreme Court cases involving statutory or treaty interpretation relating to Indian nations, this Article demonstrates that the Court has generally been faithful in applying canons relating to treaty interpretation or abrogation. The Court has also respected the canon requiring unequivocal expression of congressional intent before finding an abrogation of tribal sovereign immunity. However, there are two other canons that the ...


Second-Best Free Exercise, Christopher C. Lund 2022 Wayne State University Law School

Second-Best Free Exercise, Christopher C. Lund

Fordham Law Review

The future of the Free Exercise Clause is up in the air. Thirty years ago, in Employment Division v. Smith, the Supreme Court held the Free Exercise Clause only protected against religious discrimination and did not require exemptions from neutral and generally applicable laws.

Yet despite having an official rule against religious exemptions, the Roberts Court has somehow managed to give religious exemptions in case after case. This illustrates Smith’s waning power—the case has become more of an obstacle for courts to work around than a precedent for courts to obey. But these victories have also come to ...


Closing The Door On Permanent Incorrigibility: Juvenile Life Without Parole After Jones V. Mississippi, Juliet Liu 2022 Fordham University School of Law

Closing The Door On Permanent Incorrigibility: Juvenile Life Without Parole After Jones V. Mississippi, Juliet Liu

Fordham Law Review

In April 2021, the U.S. Supreme Court decided Jones v. Mississippi, its latest opinion in a line of cases addressing when, if ever, a child should be sentenced to life in prison with no hope of parole or release. Although Jones purported to resolve division among lower courts over the findings that a sentencing court must make about a child defendant’s character and prospects for reform and rehabilitation, the decision will likely lead to further disagreement among courts.

This Note argues that although the Supreme Court’s jurisprudence has protected children from harsh sentences, it has also opened ...


Let's Get Real: Weak Artificial Intelligence Has Free Speech Rights, James B. Garvey 2022 Fordham University School of Law

Let's Get Real: Weak Artificial Intelligence Has Free Speech Rights, James B. Garvey

Fordham Law Review

The right to free speech is a strongly protected constitutional right under the First Amendment to the U.S. Constitution. In 2010, the U.S. Supreme Court significantly expanded free speech protections for corporations in Citizens United v. FEC. This case prompted the question: could other nonhuman actors also be eligible for free speech protection under the First Amendment? This inquiry is no longer a mere intellectual exercise: sophisticated artificial intelligence (AI) may soon be capable of producing speech. As such, there are novel and complex questions surrounding the application of the First Amendment to AI. Some commentators argue that ...


Symposium: The Future Of Reproductive Rights: Concrete Reliance On Stare Decisis In A Post-Dobbs World, Michael Gentithes 2022 The University of Akron

Symposium: The Future Of Reproductive Rights: Concrete Reliance On Stare Decisis In A Post-Dobbs World, Michael Gentithes

ConLawNOW

This Article will describe two ways in which Dobbs v. Jackson Women’s Health Organization has muddied the Supreme Court’s precedent on precedent. First, it will examine how the Court’s decision to overrule Planned Parenthood of Southeastern Pennsylvania v. Casey undermines not only its substantive due process holding, but also its status as a precedent on precedent. Without Casey in place, Dobbs further elevates a weakened version of stare decisis that has been ascendant on the Court in recent decades, one which threatens to undermine legal stability in all areas of constitutional law. Second, the Article will examine ...


Provisions Of Authenticity Under The Jordanian Constitutional Court Rulings And Their Implications: A Comparative Study, Dr. Shatha A. Al-Assaf 2022 Isra University

Provisions Of Authenticity Under The Jordanian Constitutional Court Rulings And Their Implications: A Comparative Study, Dr. Shatha A. Al-Assaf

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The importance of constitutional judiciary derives from its major role in exercising control over the constitutionality of laws; thereby providing a strong fence protecting the provisions of the Constitution as the supreme legislation in the State. The judgments issued by Constitutional Courts and the authenticity they enjoy along with the impacts incurred constitute ones of the most important topics which should receive major attention and deliberation. This research has concentrated on the authenticity of the judgments of the Jordanian Constitutional Court and their impacts on the Jordanian Law, and on comparing such judgments to those of the Egyptian Law. The ...


Fighting A Foreseeable Fauci “Fourth”: A Fourth Amendment Take On Hypothetical “Lock-Down” Orders, Justin R. Marks 2022 Ohio Northern University

Fighting A Foreseeable Fauci “Fourth”: A Fourth Amendment Take On Hypothetical “Lock-Down” Orders, Justin R. Marks

Ohio Northern University Law Review

No abstract provided.


No Means No: A Constitutional Challenge To The Forced Blood Draw Provision Of Ohio’S Implied Consent Statute, Justin Hill 2022 Ohio Northern University

No Means No: A Constitutional Challenge To The Forced Blood Draw Provision Of Ohio’S Implied Consent Statute, Justin Hill

Ohio Northern University Law Review

No abstract provided.


The Presidential Succession Act At 75 | The 1947 Act And The Judiciary: Would The Courts Decide Who Is President?, Gregory F. Jacob 2022 O'Mulveny & Myers

The Presidential Succession Act At 75 | The 1947 Act And The Judiciary: Would The Courts Decide Who Is President?, Gregory F. Jacob

Fordham Law Review Online

These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and ...


The Presidential Succession Act At 75 | The Twentieth Amendment, The Presidential Succession Act Of 1947, And Pre-Inaugural Problems, Brian C. Kalt 2022 Michigan State University College of Law

The Presidential Succession Act At 75 | The Twentieth Amendment, The Presidential Succession Act Of 1947, And Pre-Inaugural Problems, Brian C. Kalt

Fordham Law Review Online

These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and ...


The Presidential Succession Act At 75 | A Defense Of The Legislative “Officer” Succession Provisions, Seth Barrett Tillman 2022 Maynooth University School of Law and Criminology

The Presidential Succession Act At 75 | A Defense Of The Legislative “Officer” Succession Provisions, Seth Barrett Tillman

Fordham Law Review Online

These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and ...


The Presidential Succession Act At 75 | History Of The Legislative Succession Provisions In The Presidential Succession Act Of 1947, Joel K. Goldstein 2022 Saint Louis University School of Law

The Presidential Succession Act At 75 | History Of The Legislative Succession Provisions In The Presidential Succession Act Of 1947, Joel K. Goldstein

Fordham Law Review Online

These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and ...


The Presidential Succession Act At 75 | The Relationship Between The Presidential Succession Act Of 1947 And The Twenty-Fifth Amendment, John Rogan 2022 Fordham University School of Law

The Presidential Succession Act At 75 | The Relationship Between The Presidential Succession Act Of 1947 And The Twenty-Fifth Amendment, John Rogan

Fordham Law Review Online

These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and ...


Digital Commons powered by bepress