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Articles 1 - 13 of 13
Full-Text Articles in Law
Celebrate Constitution And Citizenship Day Every Day, Not Just Sept. 17th, Maryam Ahranjani
Celebrate Constitution And Citizenship Day Every Day, Not Just Sept. 17th, Maryam Ahranjani
Faculty Scholarship
Learning - and teaching - about the Constitution is not easy, but it is important. It was written so long ago by some powerful men that many of us cannot easily relate to. But they conceived of a living, breathing document whose intentions would guide future generations. Today we will begin to explore why it is important to strive to make the Constitution seem real and applicable to our lives. The Constitution provides guidelines for how government should work. And it provides for the basic individual rights and freedoms we enjoy in the United States.
The Complexity Of American Federalism, Christian G. Fritz
The Complexity Of American Federalism, Christian G. Fritz
Faculty Scholarship
For the Balkinization Symposium on Alison L. LaCroix, The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms (Yale University Press, 2024).
Alison LaCroix’s insightful new book, The Interbellum Constitution, builds on an often-overlooked fact: that Americans living before the Civil War did not know they were part of an “antebellum” period. That oversight has contributed to a conventional narrative of constitutional history and doctrine during the first half of the nineteenth-century that tends to read that history and doctrine backwards through the lens of a war that contemporaries did not know would define them. From this …
First Amendment Fetishism, John M. Kang
First Amendment Fetishism, John M. Kang
Faculty Scholarship
The Supreme Court, starting in 1971, has lit upon a reckless path of protecting speech that is, by any reasonable measure, appallingly vulgar, emotionally hurtful, and dangerous. Against the wishes of the community, the Court has protected a roster of extremely offensive speech:
• a rageful repetition of the F-word uttered by a teacher before children in a school auditorium
• a White skinhead’s cross burning on the front lawn of a Black family’s house
• the public burning of the American flag by an avowed Communist who hated the United States and who cared nothing for the emotional pain …
Balkinization Symposium On Christian G. Fritz, Monitoring American Federalism: The History Of State Legislative Resistance, Christian G. Fritz
Balkinization Symposium On Christian G. Fritz, Monitoring American Federalism: The History Of State Legislative Resistance, Christian G. Fritz
Faculty Scholarship
Balkinization, the blog founded by Knight Professor of Constitutional Law and the First Amendment Jack Balkin (Yale Law School), hosted a symposium on Christian Fritz's book Monitoring American Federalism: The History of State Legislative Resistance (Cambridge University Press, 2023) June 14-26, 2023. Six scholars from law schools across the United States discussed the book and the symposium concluded with Professor Fritz's response to the commentators.
Interposition: A State-Based Constitutional Tool That Might Help Preserve American Democracy, Christian G. Fritz
Interposition: A State-Based Constitutional Tool That Might Help Preserve American Democracy, Christian G. Fritz
Faculty Scholarship
Interposition was not a claim that state sovereignty could or should displace national authority, but a claim that American federalism needed to preserve some balance between state and national authority.
http://commonplace.online/article/interposition/
Monitoring American Federalism: The Overlooked Tool Of Sounding The Alarm Interposition, Christian G. Fritz
Monitoring American Federalism: The Overlooked Tool Of Sounding The Alarm Interposition, Christian G. Fritz
Faculty Scholarship
One key feature of the U.S. Constitution – the concept of federalism – was unclear when it was introduced, and that lack of clarity threatened the Constitution’s ratification by those who feared the new government would undermine state sovereignty. Proponents of the new governmental framework were questioned about the underlying theory of the Constitution as well as how it would operate in practice, and their explanations produced intense and extended debate over how to monitor federalism.
Arresting Assembly: An Argument Against Expanding Criminally Punishable Protest, Allison Freedman
Arresting Assembly: An Argument Against Expanding Criminally Punishable Protest, Allison Freedman
Faculty Scholarship
ARRESTING ASSEMBLY: AN ARGUMENT AGAINST EXPANDING
CRIMINALLY PUNISHABLE PROTEST
ALLISON M. FREEDMAN
ABSTRACT
In recent years, public protests have shed light on societal inequities that had previously gone unheard. Yet instead of responding to protesters’ concerns, many state legislators are attempting to silence disenfranchised groups by introducing hundreds of “anti-protest” bills. This is a recent phenomenon and one that is accelerating—the largest wave of “anti-protest” bills was introduced on the heels of the most robust protest movement in recent history, Black Lives Matter during the summer of 2020.
Although it is clear that legislators are attempting to tamp down public …
The Constitutional Costs Of School Policing, Maryam Ahranjani, Natalie Saing
The Constitutional Costs Of School Policing, Maryam Ahranjani, Natalie Saing
Faculty Scholarship
Abstract
Responding to fears of violence and liability on K-12 campuses, local school boards and superintendents have made on-site or embedded school police omnipresent in American public schools. Yet, very little attention is paid to the many costs associated with their presence. When situating law enforcement’s presence squarely in the racist history of policing and school policing, the juxtaposition with the civic purpose of public education reveals significant constitutional costs. This Article builds on existing scholarship by bringing attention to the conflict between the First, Fourth, Fifth, Eighth, and Fourteenth Amendments and the dimensions of embedded school police. Ultimately, schools …
“Trumping” Affirmative Action, Vinay Harpalani
“Trumping” Affirmative Action, Vinay Harpalani
Faculty Scholarship
This Essay examines the Trump administration’s actions to eliminate affirmative action, along with the broader ramifications of these actions. While former-President Trump’s judicial appointments have garnered much attention, the Essay focuses on the actions of his Department of Justice, Civil Rights Division. It lays out the Department of Justice’s investigations of Harvard and Yale, highlighting how they have augmented recent lawsuits challenging race-conscious admissions policies by Students for Fair Admissions. It considers the timing of the DOJ’s actions, particularly with respect to Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. It examines the strategies used by …
Is It Time To Revisit Qualified Immunity?, Joseph A. Schremmer, Sean M. Mcgivern
Is It Time To Revisit Qualified Immunity?, Joseph A. Schremmer, Sean M. Mcgivern
Faculty Scholarship
The right to sue and defend in the courts of the several states are essential privileges of citizenship. Eight generations ago, this right was unavailable to black people, because descendants of African slaves were never intended to be citizens. Then, and for years to come, local governments failed to protect African Americans from violence and discrimination and were sometimes complicit in those violations.
Qualified immunity was born in 1982 when the Supreme Court decided Harlow v. Fitzgerald. With an outflow of questionable court decisions shielding officers solely because they act under color of state law, it is time for the …
Kob Interviews Joshua Kastenberg About Constitutional Rights During Covid-19, Joshua Kastenberg, Brittany Costello
Kob Interviews Joshua Kastenberg About Constitutional Rights During Covid-19, Joshua Kastenberg, Brittany Costello
Faculty Scholarship
No abstract provided.
Developing Youth Voices, Maryam Ahranjani
Developing Youth Voices, Maryam Ahranjani
Faculty Scholarship
Discusses the Marshall-Brennan Constitutional Literacy Project, and its role in inspiring students to speak up about the things that are important to them. Students learn how the Constitution works by reading cases, and developing critical thinking and oral advocacy skills with relatable mentors.
For more information visit:
https://www.wcl.american.edu/impact/initiatives-programs/marshallbrennan/20th-anniversary/
Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua E. Kastenberg
Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua E. Kastenberg
Faculty Scholarship
In Strickland v. Washington, the Court issued a standard for determining when defense counsel's ineffective performance, through no direct fault of the prosecution, law enforcement, public, or judiciary, undermined the fairness of a trial such that a conviction or sentence had to be rendered as a violation of due process. The article's conclusion presents a model for applying the legal history underlying Strickland to ineffective assistance cases.