Injury-In-Fact In Chilling Effect Challenges To Public University Speech Codes, 2015 The Catholic University of America, Columbus School of Law
Injury-In-Fact In Chilling Effect Challenges To Public University Speech Codes, Jennifer L. Bruneau
Catholic University Law Review
Campus speech codes began to spring up on university campuses during the 1980s and continue to operate today. The codes regulate various forms of arguably offensive speech, including speech regarding race, gender, sexual orientation, ideology, views, and political affiliation. Numerous litigants have challenged the chilling effect these policies have on student and faculty speech, but in cases where the challenged code has not yet been enforced, some courts find that the plaintiff has not met the “injury-in-fact” requirement for Article III standing. The Supreme Court has not ruled on standing requirements in speech code challenges and lower courts are divided. …
The War Powers Consultation Act: Keeping War Out Of The Zone Of Twilight, 2015 The Catholic University of America, Columbus School of Law
The War Powers Consultation Act: Keeping War Out Of The Zone Of Twilight, Brendan Flynn
Catholic University Law Review
The Constitution divides the war powers between Congress, which declares war, and the President, who serves as Commander-in-Chief of the Armed Forces. Since the Korean War, the President has claimed increased authority to send the military into harm’s way without Congressional authorization. This Comment surveys the war powers issue through U.S. history and asserts that the President’s claim of increased authority has been enabled by Congressional abdication of its role, leading to wars fought in a legal “zone of twilight” in which Congress has neither authorized nor forbidden Presidential action (drawing on Justice Jackson’s famous tripartite analysis in his Youngstown …
Enhancing Accountability At The Department Of Veterans Affairs: The Legality Of The Veterans Access, Choice, And Accountability Act Of 2014 Under The Due Process Clause, 2015 The Catholic University of America, Columbus School of Law
Enhancing Accountability At The Department Of Veterans Affairs: The Legality Of The Veterans Access, Choice, And Accountability Act Of 2014 Under The Due Process Clause, Ashton Habighurst
Catholic University Law Review
In April 2014, news of long delays at the Phoenix VA Medical Center and the subsequent deaths of forty Veterans awaiting medical appointments shocked the nation. Based on this perceived failure among VA’s senior medical staff, legislation swept through the House and the Senate in an attempt to enhance accountability at the VA. By August 2014, President Obama signed the Veterans Access, Choice and Accountability Act of 2014 into law. This Act revises the termination procedures concerning the VA’s senior executives, by eliminating the notice requirement, significantly reducing the appellate procedures for adverse employment decision to the Merit Systems Protection …
September 19, 2015: Shabbat Shuvah, 2015 Duquesne University
September 19, 2015: Shabbat Shuvah, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Shabbat Shuvah“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
"A Republic If You Can Keep It", 2015 Maurice A. Deane School of Law at Hofstra University
"A Republic If You Can Keep It", Eric Lane
Constitution Day Lectures
On this day, over 200 years ago, thirty-nine brave delegates of the Constitutional Convention met for the last time to sign the document they had created, the U.S. Constitution.
This year, Eric Lane, Dean of the Maurice A. Deane School of Law and the Eric J. Schmertz Distinguished Professor of Public Law and Public Service at Hofstra University, gave a presentation, “A Republic If You Can Keep It.” The event was held in the Leo A. Guthart Cultural Center Theater, 1st Floor Axinn Library.
Who’S The ‘We?’ Who’S ‘The People?’, 2015 Widener University Delaware Law School
Who’S The ‘We?’ Who’S ‘The People?’, Rodney A. Smolla
Rod Smolla
No abstract provided.
Government Advertising Space: Lessons For The 'Choose Life' Specialty License Plate Controversy, 2015 Penn State Law
Government Advertising Space: Lessons For The 'Choose Life' Specialty License Plate Controversy, Dara Purvis
Dara Purvis
As license plates emblazoned with the message “Choose Life” have proliferated in twenty-four states, so too have lawsuits challenging such specialty license plates. The holdings of such cases have run the gamut, resulting in a three-way circuit split among the Fourth, Fifth, and Sixth Circuits. Analysis of the controversy up to this point has not considered an illuminating analogy: advertising space owned and operated by the government. Examining the parallels between advertising space and specialty license plates informs doctrinal analysis of the dispute, demonstrating that state legislatures may not use the current practice of individually establishing specialty license plates through …
The Right To Contract: Use Of Domestic Partnership As A Strategic Alternative To The Right To Marry Same-Sex Partners, 2015 Penn State Law
The Right To Contract: Use Of Domestic Partnership As A Strategic Alternative To The Right To Marry Same-Sex Partners, Dara Purvis
Dara Purvis
Shortly after the Civil War, a series of cases argued that the Civil Rights Act of 1866 gave black Americans the right to make contracts, including a marriage contract, with whomever they chose. While the cases were almost uniformly unsuccessful at that time, this paper argues that claims based on private contracts replicating some of marriage’s benefits, stripped of the social and religious freight of marriage, are more compelling. State constitutional amendments banning not only marriage, but any legal recognition of a marriage-like relationship, demonstrate that animus underlies the prohibitions and that the amendments violate the Equal Protection Clause even …
Taking Care Of Federal Law, 2015 University of Michigan Law School
Taking Care Of Federal Law, Leah Litman
Articles
Article II of the Constitution vests the “executive power” in the President and directs the President to “take Care that the Laws be faithfully executed.” But do these provisions mean that only the President may execute federal law? Two lines of Supreme Court precedent suggest conflicting answers to that question. In several prominent separation-of-powers cases, the Court has suggested that only the President may execute federal law: “The Constitution requires that a President chosen by the entire Nation oversee the execution of the laws.” Therefore, the Court has reasoned, Congress may not create private rights of action that allow nonexecutive …
Arms Control: Salt Ii- Executive Agreement Or Treaty?, 2015 University of Georgia School of Law
Arms Control: Salt Ii- Executive Agreement Or Treaty?, Keith E. Fryer, J. Michael Levengood
Georgia Journal of International & Comparative Law
No abstract provided.
Sign Regulation After Reed: Suggestions For Coping With Legal Uncertainty, 2015 Cleveland State University
Sign Regulation After Reed: Suggestions For Coping With Legal Uncertainty, Alan Weinstein, Brian Connolly
All Maxine Goodman Levin School of Urban Affairs Publications
This article discusses Reed v. Town of Gilbert, in which the Court resolved a Circuit split over what constitutes content based sign regulations. We note that Justice Thomas's majority opinion applies a mechanical "need to read" approach to this question, and then explore the doctrinal and practical concerns raised by this approach. Doctrinally, we explore the tensions between Thomas's "need to read" approach and the Court's current approach of treating some regulation of speech as content-neutral despite the fact that a message must be read to determine its regulatory treatment. A prime example being the Court's "secondary effects" doctrine. Practically, …
September 14, 2015: Just Leave Me Alone On The New Year, 2015 Duquesne University
September 14, 2015: Just Leave Me Alone On The New Year, Bruce Ledewitz
Hallowed Secularism
Blog post, “Just Leave Me Alone on the New Year“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
All American Citizens Fall Under ‘We The People,’ But Who Is Really Included?, 2015 Widener Law
All American Citizens Fall Under ‘We The People,’ But Who Is Really Included?, Alan E. Garfield
Alan E Garfield
No abstract provided.
Book Review: Nothing To Lose But Our Chains: On Constitutional Disobedience, By Louis Michael Seidman, 2015 Osgoode Hall Law School of York University
Book Review: Nothing To Lose But Our Chains: On Constitutional Disobedience, By Louis Michael Seidman, Carissima Mathen
Osgoode Hall Law Journal
Book review of Nothing To Lose But Our Chains: On Constitutional Disobedience, by Louis Michael Seidman.
September 12, 2015: The Iranian Deal “Passes”, 2015 Duquesne University
September 12, 2015: The Iranian Deal “Passes”, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Iranian Deal “Passes”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, 2015 Washington and Lee University School of Law
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Scholarly Articles
Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing.
Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.”
Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without proof …
September 7, 2015: A Heideggerian Prayer, 2015 Duquesne University
September 7, 2015: A Heideggerian Prayer, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Heideggerian Prayer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
El Estado De Justicia, 2015 Universidad Nacional Mayor de San Marcos
La Carta De Jamaica: A 200 Años De Un Programa Inconcluso Promoviendo Un Nuevo Régimen Continental, 2015 Universidad Nacional Mayor de San Marcos
La Carta De Jamaica: A 200 Años De Un Programa Inconcluso Promoviendo Un Nuevo Régimen Continental, Raul Chaname Orbe
Raúl Chanamé Orbe
No abstract provided.
September 6, 2015: Kim Davis Is No Religious Martyr, No Prisoner Of Conscience, 2015 Duquesne University
September 6, 2015: Kim Davis Is No Religious Martyr, No Prisoner Of Conscience, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Kim Davis is No Religious Martyr, No Prisoner of Conscience“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.