Concretizing Abstract Rights: Damages For Intangible Constitutional Injuries Under The Prison Litigation Reform Act, 2024 University of Pennsylvania Carey Law School L'24
Concretizing Abstract Rights: Damages For Intangible Constitutional Injuries Under The Prison Litigation Reform Act, Abigail Kasdin
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
State Sovereign Immunity And The New Purposivism, 2024 William & Mary Law School
State Sovereign Immunity And The New Purposivism, Anthony J. Bellia Jr., Bradford R. Clark
William & Mary Law Review
Since the Constitution was first proposed, courts and commentators have debated the extent to which it alienated the States’ preexisting sovereign immunity from suit by individuals. During the ratification period, these debates focused on the language of the citizen-state diversity provisions of Article III. After the Supreme Court read these provisions to abrogate state sovereign immunity in Chisholm v. Georgia, Congress and the States adopted the Eleventh Amendment to prohibit this construction. The Court subsequently ruled that States enjoy sovereign immunity independent of the Eleventh Amendment, which neither conferred nor diminished it. In the late twentieth-century, Congress began enacting …
Saving Democracy From The Senate, 2024 Yale University
Saving Democracy From The Senate, David Froomkin, A. Michael Froomkin
Utah Law Review
It should not be surprising that Americans say they are frustrated with their national institutions. Congress, particularly the Senate, responds poorly to the public’s needs and wants because it is increasingly unrepresentative of the electorate. Reform is difficult, however, because each state’s “equal Suffrage” in the Senate is protected by a unique constitutional entrenchment clause. The Entrenchment Clause creates a genuine bar to reform, but that bar is not insurmountable. We first argue that the constitutional proscription on reforming the Senate has been overstated, identifying a range of constitutional reform options that would be permissible despite the Entrenchment Clause. Several …
The Shadow Constitution: Rescuing Our Inheritance From Neglect And Disuse, 2024 UC Berkeley
The Shadow Constitution: Rescuing Our Inheritance From Neglect And Disuse, Stephen Menendian
University of Pennsylvania Journal of Constitutional Law
The United States Constitution is the foundation of American law and one of the most venerated documents in the American political community. Although most constitutional scholarship focuses on the meaning of the more heavily litigated provisions, such as the equal protection clause and the due process clause, prior scholarship has also identified and pressed for the revival or re-interpretation of many neglected or largely overlooked provisions of the United States Constitution. Much of this prior scholarship, however, is narrowly focused on a particular provision or small set of interrelated provisions. This article surveys twelve constitutional provisions characterized in prior scholarship …
Symposium: Gender, Health, And The Constitution: The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, 2024 The University of Akron
Symposium: Gender, Health, And The Constitution: The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah L. Brake
ConLawNOW
This essay considers the role of sport in the new gender panic of legislative activity targeting transgender individuals, which now extends into health and family governance. Sport was one of the first settings—the gateway—to ignite the current culture war on transgender youth. This analysis examines how Title IX of the Education Act of 1972, the popular law responsible for the growth of opportunities for girls and women in sports, has been mobilized in service of a broader gender agenda. Far from providing a persuasive justification for the state laws banning transgender girls from girls’ sports, Title IX, properly understood, supports …
The Problem Of Extravagant Inferences, 2024 Harvard Faculty Account
The Problem Of Extravagant Inferences, Cass Sunstein
Georgia Law Review
Judges and lawyers sometimes act as if a constitutional or statutory term must, as a matter of semantics, be understood to have a particular meaning, when it could easily be understood to have another meaning, or several other meanings. When judges and lawyers act as if a legal term has a unique semantic meaning, even though it does not, they should be seen to be drawing extravagant inferences. Some constitutional provisions are treated this way; consider the idea that the vesting of executive power in a President of the United States necessarily includes the power to remove, at will, a …
Testing The Limits Of Virtual Compliance: Website Accessibility, "Tester" Plaintiffs, And Article Iii Standing Under The Ada, 2024 University of Georgia School of Law
Testing The Limits Of Virtual Compliance: Website Accessibility, "Tester" Plaintiffs, And Article Iii Standing Under The Ada, Ashlyn Dewberry
Georgia Law Review
Federal courts have split in determining whether “tester” plaintiffs bringing suit under the ADA assert the requisite injury in fact necessary for Article III standing. These “website accessibility testers” allege that defendants’ websites do not make certain information available to disabled persons in violation of Title III of the ADA and one of its implementing regulations. This split presents an excellent opportunity to clarify which informational and stigmatic harms qualify as injuries in fact for Article III standing purposes. This Note argues that ADA website accessibility testers cannot obtain standing under current law. Neither the text of the ADA nor …
Examining The Examiner: An Amicus Brief On Conflicts Between Forensic Technology And Indigenous Religious Freedoms In Favor Of Virtual Autopsies, 2024 Purdue University
Examining The Examiner: An Amicus Brief On Conflicts Between Forensic Technology And Indigenous Religious Freedoms In Favor Of Virtual Autopsies, Peyton James
The Journal of Purdue Undergraduate Research
No abstract provided.
Effectiveness Of Raising A Topic For Public Discussion As A Tool Of Parliamentary Oversight Of Government Actions: A Comparative And Applied Study, 2024 Assistant Professor of Public Law, Faculty of Law, Yarmouk University
Effectiveness Of Raising A Topic For Public Discussion As A Tool Of Parliamentary Oversight Of Government Actions: A Comparative And Applied Study, Jehad Dhifallah Al-Jazi Dr., Bahaaeddin Dhifallah Khwaira Dr.
UAEU Law Journal
analytical approach to address the nature of the problems accompanying the means of raising a topic for public discussion as a method of parliamentary control over government actions. This is done by searching for the concept of a request for public debate, the constitutionality of this method, and other topics related to this method; so that we can arrive at a legal and practical evaluation of the effectiveness and accuracy of this method in terms of its inputs and results in achieving the public interest in comparison and approach with other parliamentary means.
Within this context, the objectives of the …
The Red Pill: Critical Race Theory, Ostrich Law, And The 14th Amendment Right To Free And Equal Thought And Dignity, 2024 Texas Southern University
The Red Pill: Critical Race Theory, Ostrich Law, And The 14th Amendment Right To Free And Equal Thought And Dignity, Kindaka J. Sanders
St. Mary's Law Journal
No abstract provided.
Translating A Cbdc Dollar Into A Constitutional Dollar, 2024 Department of Finance and Economics,Texas State University
Translating A Cbdc Dollar Into A Constitutional Dollar, Christopher P. Guzelian
St. Mary's Law Journal
The constitutional Dollar was a silver coin. Federal and state paper moneys were
unconstitutional, and gold and copper coins were not Dollars. Consequently, notable
constitutional originalists claim any Dollar not constructed from silver—including the
current widely circulating paper Federal Reserve note—is unconstitutional. But the Dollar
soon may undergo an unprecedented technological metamorphosis: in 2022, the White
House and the Federal Reserve Bank Board of Governors advocated the possible adoption
of a U.S. Central Bank Digital Currency (“CBDC” Dollars). Private commercial
electronic bank credits have been issued for some time, but a CBDC Dollar would be
America’s first electronic government currency. …
The Second Founding And Self-Incrimination, 2024 Northwestern Pritzker School of Law
The Second Founding And Self-Incrimination, William M. Carter Jr.
Northwestern University Law Review
The privilege against self-incrimination is one of the most fundamental constitutional rights. Protection against coerced or involuntary self-incrimination safeguards individual dignity and autonomy, preserves the nature of our adversary system of justice, helps to deter abusive police practices, and enhances the likelihood that confessions will be truthful and reliable. Rooted in the common law, the privilege against self-incrimination is guaranteed by the Fifth Amendment’s Self-Incrimination and Due Process Clauses. Although the Supreme Court’s self-incrimination cases have examined the privilege’s historical roots in British and early American common law, the Court’s jurisprudence has overlooked an important source of historical evidence: the …
Constitutional Clash: Labor, Capital, And Democracy, 2024 Northwestern Pritzker School of Law
Constitutional Clash: Labor, Capital, And Democracy, Kate Andrias
Northwestern University Law Review
In the last few years, workers have engaged in organizing and strike activity at levels not seen in decades; state and local legislators have enacted innovative workplace and social welfare legislation; and the National Labor Relations Board has advanced ambitious new interpretations of its governing statute. Viewed collectively, these efforts—“labor’s” efforts for short—seek not only to redefine the contours of labor law. They also present an incipient challenge to our constitutional order. If realized, labor’s vision would extend democratic values, including freedom of speech and association, into the putatively private domain of the workplace. It would also support the Constitution’s …
Sentence Served And No Place To Go: An Eighth Amendment Analysis Of "Dead Time" Incarceration, 2024 Northwestern Pritzker School of Law
Sentence Served And No Place To Go: An Eighth Amendment Analysis Of "Dead Time" Incarceration, Christopher B. Scheren
Northwestern University Law Review
Although the state typically releases incarcerated people to reintegrate into society after completing their terms, indigent people convicted of sex offenses in Illinois and New York have been forced to remain behind bars for months, or even years, past their scheduled release dates. A wide range of residency restrictions limit the ability of people convicted of sex offenses to live near schools and other public areas. Few addresses are available for them, especially in high-density cities such as Chicago or New York City, where schools and other public locations are especially difficult to avoid. At the intersection of sex offenses …
Judicial Fidelity, 2024 Pepperdine University
Judicial Fidelity, Caprice L. Roberts
Pepperdine Law Review
Judicial critics abound. Some say the rule of law is dead across all three branches of government. Four are dead if you count the media as the fourth estate. All are in trouble, even if one approves of each branch’s headlines, but none of them are dead. Not yet. Pundits and scholars see the latest term of the Supreme Court as clear evidence of partisan politics and unbridled power. They decry an upheaval of laws and norms demonstrating the dire situation across the federal judiciary. Democracy is not dead even when the Court issues opinions that overturn precedent, upends long-standing …
When Fines Don't Go Far Enough: The Failure Of Prison Settlements And Proposals For More Effective Enforcement Methods, 2024 University of Maine School of Law
When Fines Don't Go Far Enough: The Failure Of Prison Settlements And Proposals For More Effective Enforcement Methods, Tori Collins
Maine Law Review
The Eighth Amendment’s Punishments Clause provides the basis on which prisoners may bring suit alleging unconstitutional conditions of confinement. Only a small number of these suits are successful. The suits that do survive typically end in a settlement in which prison authorities agree to address the unconstitutional conditions. However, settlements such as these are easily flouted for two primary reasons: prison authorities are not personally held liable when settlements are broken, and prisoners largely lack the political and practical leverage to self-advocate beyond the courtroom. Because of this, unconstitutional prison conditions may linger for years after prison authorities have agreed …
Brief For Professors And Legal Scholars As Amici Curiae In Support Of Neither Party, 2024 Benjamin N. Cardozo School of Law
Brief For Professors And Legal Scholars As Amici Curiae In Support Of Neither Party, Deborah Pearlstein
Amicus Briefs
The amici curiae consist of professors and legal scholars with a collective experience of over one hundred years in teaching and writing about constitutional law. Their primary interest lies in ensuring that the Court resolves the case in a manner consistent with federalism and separation of powers principles.
Prepared Testimony To The Committee On Homeland Security United States House Of Representatives, 2024 Benjamin N. Cardozo School of Law
Prepared Testimony To The Committee On Homeland Security United States House Of Representatives, Deborah Pearlstein
Testimony
Sham Impeachment “Hearing” #2
Issue: Border Security & Immigration
June 24, 2022, 2024 Seattle University School of Law
Epigenetics And Reparations: How Epigenetics Can Help Federal Plaintiffs Meet The Constitutional Article Iii Standing Requirements In Reparation Lawsuits, 2024 Seattle University School of Law
Epigenetics And Reparations: How Epigenetics Can Help Federal Plaintiffs Meet The Constitutional Article Iii Standing Requirements In Reparation Lawsuits, William Chin
Seattle Journal for Social Justice
No abstract provided.