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All Articles in Constitutional Law

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Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati 2018 Duke Law School

Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati

Faculty Scholarship

On June 11, 2017, Puerto Rico held a referendum on its legal status. Although turnout was low, 97% of ballots favored statehood, rather than independence or the status quo. The federal government, however, has financial and political reasons to resist this preference: Puerto Rico would bring with it a massive, unpayable debt, and the potential to swing the current balance of power in Congress. That then raises the two questions of whether Congress could decide expel Puerto Rico (give it “independence”) or is legally required to give it statehood (“accession”).

The answers are not obvious. International law, we argue, suggests ...


Constitutions And Bills Of Rights: Invigorating Or Placating Democracy?, Brian Christopher Jones 2017 University of Dundee

Constitutions And Bills Of Rights: Invigorating Or Placating Democracy?, Brian Christopher Jones

Brian Christopher Jones

Champions of constitutions and bills of rights regularly portray them as possessing significant, sometimes mysterious, powers. One characterisation is that newly implemented constitutions may invigorate a democracy, particularly at the ballot box. This article challenges that notion. In particular, it examines a number of jurisdictions that have recently implemented constitutions and bill of rights, finding that in many of them, voter turnout decreased after passage, sometimes significantly. As the argument for a codified British constitution endures, the findings of this paper provide provisional evidence that those advocating for such a device should be wary of touting its potentially invigorating democratic ...


Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan 2017 Florida State University College of Law

Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan

Erin Ryan

This Article explores the use of federalism and secession as tools for managing regional conflict within pluralist governance, drawing on underappreciated features of the American experience.  Epic struggles to balance autonomy with interdependence have taken on new urgency as dissatisfaction with globalization inspires political cataclysms unimaginable just a few years ago—including ‘Brexit’ from the European Union and American threats to leave NATO.  The same impetus toward devolution also surfaces in heated intra-national conflicts.  Recent calls for secession in Scotland, Catalonia, Québec, the Sudan, and even the United States reveal multiple political contexts in which questions have been raised about ...


Constitutionality Of Legislation Denying Tax Exempt Status To Racially Discriminatory Schools, Eileen M. Hanrahan, Esq. 2017 St. John's University School of Law

Constitutionality Of Legislation Denying Tax Exempt Status To Racially Discriminatory Schools, Eileen M. Hanrahan, Esq.

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - Ii. Legislative Update, James Robinson, Director Government Liaison, United States Catholic Conference 2017 St. John's University School of Law

Human Life Federalism Amendment - Ii. Legislative Update, James Robinson, Director Government Liaison, United States Catholic Conference

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - I. Legal Aspects, Professor Lynn D. Wardle, Brigham Young University 2017 St. John's University School of Law

Human Life Federalism Amendment - I. Legal Aspects, Professor Lynn D. Wardle, Brigham Young University

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - I. Legal Aspects, Professor John S. Noonan, University of California 2017 St. John's University School of Law

Human Life Federalism Amendment - I. Legal Aspects, Professor John S. Noonan, University Of California

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - I. Legal Aspects, Dennis J. Horan, Esq. 2017 St. John's University School of Law

Human Life Federalism Amendment - I. Legal Aspects, Dennis J. Horan, Esq.

The Catholic Lawyer

No abstract provided.


Human Life Federalism Amendment - I. Legal Aspects, Wilfred R. Caron, General Counsel, United States Catholic Conference 2017 St. John's University School of Law

Human Life Federalism Amendment - I. Legal Aspects, Wilfred R. Caron, General Counsel, United States Catholic Conference

The Catholic Lawyer

No abstract provided.


Federal Tuition Tax Credits And The Establishment Clause: A Constitutional Analysis, David J. Young, Steven W. Tigges 2017 St. John's University School of Law

Federal Tuition Tax Credits And The Establishment Clause: A Constitutional Analysis, David J. Young, Steven W. Tigges

The Catholic Lawyer

No abstract provided.


The Unconstitutionality Of Exclusive Governmental Support Of Entirely Secularistic Education, Daniel D. McGarry 2017 St. John's University School of Law

The Unconstitutionality Of Exclusive Governmental Support Of Entirely Secularistic Education, Daniel D. Mcgarry

The Catholic Lawyer

No abstract provided.


The Constitutionality Of Federal Aid To Parents Of Nonpublic Schoolchildren, Rev. Peter M. J. Stravinskas 2017 St. John's University School of Law

The Constitutionality Of Federal Aid To Parents Of Nonpublic Schoolchildren, Rev. Peter M. J. Stravinskas

The Catholic Lawyer

No abstract provided.


Constitutional Crisis, Sen. Daniel Patrick Moynihan 2017 St. John's University School of Law

Constitutional Crisis, Sen. Daniel Patrick Moynihan

The Catholic Lawyer

No abstract provided.


Church-State Cases, James E. Serritella, Reuben & Proctor Chicago, Illinois 2017 St. John's University School of Law

Church-State Cases, James E. Serritella, Reuben & Proctor Chicago, Illinois

The Catholic Lawyer

No abstract provided.


Church-State Cases, Wilfred R. Caron, General Counsel, United States Catholic Conference 2017 St. John's University School of Law

Church-State Cases, Wilfred R. Caron, General Counsel, United States Catholic Conference

The Catholic Lawyer

No abstract provided.


The Human Life Federalism Amendment - An Assessment, Wilfred R. Caron 2017 St. John's University School of Law

The Human Life Federalism Amendment - An Assessment, Wilfred R. Caron

The Catholic Lawyer

No abstract provided.


Privatizing And Publicizing Speech, Nelson Tebbe 2017 Selected Works

Privatizing And Publicizing Speech, Nelson Tebbe

Nelson Tebbe

When should we allow governments to deploy private-law rules in order to circumvent public-law obligations? Two cases this year call that question to mind. They ask the Supreme Court to explore interactions between property law and constitutional rules concerning free speech and antiestablishment. On the one hand, the Court recently handed down Pleasant Grove City v. Summum, which involved a Ten Commandments monument that a private religious organization donated to a city. The Court concluded that the permanent monument became government speech when the city accepted the gift, displayed it in a municipal park, and formally took ownership of the ...


Constitutional Borrowing, Nelson Tebbe, Robert L. Tsai 2017 Brooklyn Law School

Constitutional Borrowing, Nelson Tebbe, Robert L. Tsai

Nelson Tebbe

Borrowing from one domain to promote ideas in another domain is a staple of constitutional decisionmaking. Precedents, arguments, concepts, tropes, and heuristics all can be carried across doctrinal boundaries for purposes of persuasion. Yet the practice itself remains underanalyzed. This Article seeks to bring greater theoretical attention to the matter It defines what constitutional borrowing is and what it is not, presents a typology that describes its common forms, undertakes a principled defense of borrowing, and identifies some of the risks involved. Our examples draw particular attention to places where legal mechanisms and ideas migrate between fields of law associated ...


Eclecticism, Nelson Tebbe 2017 Cornell Law School

Eclecticism, Nelson Tebbe

Nelson Tebbe

This short piece comments on Kent Greenawalt's new book, Religion and the Constitution: Establishment and Fairness. It argues that although Greenawalt's eclectic approach carries certain obvious costs, his theory cannot be evaluated without comparing its advantages and disadvantages to those of its competitors. It concludes by giving some sense of what that comparative calculus might look like.


The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe 2017 Selected Works

The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe

Nelson Tebbe

In recent work, Steven Smith argues that the American tradition of religious freedom is newly imperiled and may even be nearing exhaustion. This Review puts to one side the substance of that argument and focuses instead on what the stakes might be, should it turn out to be correct. It concludes that the consequences would not be as severe as many people fear.


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