Constitutional Law Commons^™

Will The Constitution Survive Into The Twenty-First Century - Some Reflections On The Bicentennial Of The United States Constitution, 21 J. Marshall L. Rev. 79 (1987), Michael P. Seng

Michael P. Seng

No abstract provided.

The Confrontation Clause And Forensic Autopsy Reports-A "Testimonial", 74 La. L. Rev. 117 (2013), Marc Ginsberg

Marc D. Ginsberg

This Article examines the landscape of legal issues involved in determining whether the presence at trial of a surrogate pathologist, whose testimony refers to a forensic autopsy report prepared by the examining pathologist and provides the foundation for the admissibility of the forensic autopsy report, implicates the Confrontation Clause of the Sixth Amendment. This Article concludes that the practice of surrogate testimony and admission of the forensic autopsy report, well known and often required in criminal homicide prosecutions, implicates and violates the Confrontation Clause.

How Do You Solve A Problem Like In Kelo?, 40 J. Marshall L. Rev. 609 (2007), Debra Pogrund Stark

Debra Pogrund Stark

No abstract provided.

Casos De Hermenéútica A La La Luz Del Estatuto De La Corte Penal Internacional®, Daniel Fernando Gómez Tamayo

Daniel Fernando Gómez Tamayo

En este ensayo se abordará el abuso del poder, el prevaricato por acción, el riesgo del robo digital de dinero a las empresas del sector privado por federales de la embajada americana (microsoft); el fuero militar de oficiales con antecedentes disciplinarios y penales. ¿ Se puede hablar de democracia cuando existen una política fascista?; ¿"que piensan los demócratas que el DAS coloque micrófonos a los congresistas del M-19?" ¿El TLC con Estados Unidos está vigente?, ¿hubo espionaje de la oficial americana en los intereses colombianos en el TLC.? ¿US Marschalls (Procuradores o víctima de delitos federales o crímenes de estado …

Reply Brief For Plaintiff-Appellant, Alexander A. Reinert

Amicus Briefs

Plaintiff-Appellant Daniel McGowan submits this reply in response to the Brief for Defendants-Appellees United States of America and Tracy Rivers (“Defs.’ Br.”). Defendants concede that Plaintiff was placed in solitary confinement without any statutory or regulatory authorization and solely because he authored a blog post, speech protected by the First Amendment. Nonetheless, Defendants maintain that there is no remedy for this violation of Mr. McGowan’s constitutional and common law rights. None of the reasons offered by Defendants for their position is compelling or supported by relevant law. When one steps back and considers Defendants’ brief as a whole, it is …

Justice George Sutherland And Economic Liberty: Constitutional Conservatism And The Problem Of Factions, Samuel R. Olken

Samuel R. Olken

Most scholars have viewed Justice George Sutherland as a conservative jurist who opposed government regulation because of his adherence to laissez-faire economics and Social Darwinism, or because of his devotion to natural rights. In this Article, Professor Olken analyzes these widely held misperceptions of Justice Sutherland's economic liberty jurisprudence, which was based not on socio-economic theory, but on historical experience and common law. Justice Sutherland, consistent with the judicial conservatism of the Lochner era, wanted to protect individual rights from the whims of political factions and changing democratic majorities. The Lochner era differentiation between government regulations enacted for the public …

Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken

Samuel R. Olken

No abstract provided.

The Ironies Of Marbury V. Madison And John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004), Samuel R. Olken

Samuel R. Olken

No abstract provided.

The Decline Of Legal Classicism And The Evolution Of New Deal Constitutionalism, 89 Notre Dame L. Rev. 2051 (2014), Samuel R. Olken

Samuel R. Olken

This Article explores how some of the salient characteristics of classical legal thought influenced the evolution of the Supreme Court's constitutional jurisprudence during the New Deal era. It focuses upon the Court's jurisprudence of economic liberty in the context of substantive due process. Though a similar pattern of evolution occurred in the Court's Commerce Clause jurisprudence, examination of this area of constitutional development is beyond the scope of this Article. Part I provides an overview of legal classicism and its influence upon late nineteenth and early twentieth-century constitutional law. The next Part examines the paradox of legal classicism and its …

The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, Samuel R. Olken

Samuel R. Olken

In The Business of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy of Justice George Sutherland, Samuel Olken traces the dichotomy that emerged in constitutional law in the aftermath of the Lochner era between economic liberty and freedom of expression. During the 1930s, while a deeply divided United States Supreme Court adopted a laissez faire approach to economic regulation, it viewed with great suspicion laws that restricted the manner and content of expression. During this period, Justice George Sutherland often clashed with the majority consistently insisting that state regulation of private economic rights bear a close and …

Chief Justice John Marshall And The Course Of American Constitutional History, 33 J. Marshall L. Rev. 743 (2000), Samuel R. Olken

Samuel R. Olken

No abstract provided.

The Decline Of Legal Classicism And The Evolution Of New Deal Constitutionalism, Samuel R. Olken

Samuel R. Olken

This Article explores how some of the salient characteristics of classical legal thought influenced the evolution of the Supreme Court’s constitutional jurisprudence during the New Deal era. It focuses upon the Court’s jurisprudence of economic liberty in the context of substantive due process. Though a similar pattern of evolution occurred in the Court’s Commerce Clause jurisprudence, examination of this area of constitutional development is beyond the scope of this Article. Part I provides an overview of legal classicism and its influence upon late nineteenth and early twentieth-century constitutional law. The next Part examines the paradox of legal classicism and its …

Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), Samuel R. Olken

Samuel R. Olken

No abstract provided.

Historical Revisionism And Constitutional Change: Understanding The New Deal Court, 88 Va. L. Rev. 265 (2002), Samuel R. Olken

Samuel R. Olken

No abstract provided.

Colonialism And Constitutional Memory, Aziz Rana

Cornell Law Faculty Publications

The United States shares a number of basic traits with various British settler societies in the nonwhite world. These include longstanding histories in which colonists and their descendants divided legal, political, and economic rights between insiders and subordinated outsiders, be they expropriated indigenous groups or racial minorities. But Americans rarely think of themselves as part of an imperial family of settler polities and instead generally conceive of the country as quintessentially anti-imperial and inclusive. What explains this fact and what are its political consequences?

This Article offers an initial response, arguing that a significant reason is the symbolic power of …

Brief Of Constitutional Law Scholars And Practitioners As Amici Curiae In Support Of Plaintiffs-Appellants And Supporting Reversal,Georges V. United Nations, Docket No. 15-00455 (Second Circuit 2015), Steven D. Schwinn

Court Documents and Proposed Legislation

Prospective amici curiae are scholars and practitioners of United States Constitutional law. Together, Amici have substantial experience researching, publishing, teaching, and litigating in the field of Constitutional law, particularly on the constitutional right of access to the courts. Amici have a strong interest in ensuring that immunity does not infringe on individual constitutional rights, specifically the fundamental right of access to the courts. They submit their brief in support of Plaintiffs-Appellants’ position that immunity should not be accorded to the Defendants-Appellees in this case, where doing so would unconstitutionally impinge on Plaintiffs-Appellants’ fundamental right of access to the courts.

Colonialism And Constitutional Memory, Aziz Rana

UC Irvine Law Review

No abstract provided.

June 1, 2015: How To Be Spiritual But Not Religious, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to be Spiritual but not Religious“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Niccolò Machiavelli: Father Of Modern Constitutionalism, Mortimer N.S. Sellers

All Faculty Scholarship

Niccolò Machiavelli is the father of modern constitutionalism. Constitutionalism began anew in the modern world with the study of the ancient republics and it was Machiavelli who inaugurated this revived science of politics. Five hundred years after the composition of Il Principe and the Discorsi we are still working out the implications of applying reason to the structures of law and government in pursuit of justice and the common good. Modern constitutionalism and ancient republicanism share three central beliefs: first, that government should serve justice and the common good; second, that government should do so through known and stable laws; …

The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash

Michigan Law Review

With the Habeas Clause standing as a curious exception, the Constitution seems mysteriously mute regarding federal authority during invasions and rebellions. In truth, the Constitution speaks volumes about these domestic wars. The inability to perceive the contours of the domestic wartime Constitution stems, in part, from unfamiliarity with the multifarious emergency legislation enacted during the Revolutionary War. During that war, state and national legislatures authorized the seizure of property, military trial of civilians, and temporary dictatorships. Ratified against the backdrop of these fairly recent wartime measures, the Constitution, via the Necessary and Proper Clause and other provisions, rather clearly augmented …