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Articles 1 - 6 of 6
Full-Text Articles in Law
Command And Control: Operationalizing The Unitary Executive, Gary S. Lawson
Command And Control: Operationalizing The Unitary Executive, Gary S. Lawson
Faculty Scholarship
The concept of the unitary executive is written into the Constitution by virtue of Article II’s vesting of the “executive Power” in the President and not in executive officers created by Congress. Defenders and opponents alike of the “unitary executive” often equate the idea of presidential control of executive action with the power to remove executive personnel. But an unlimitable presidential removal power cannot be derived from the vesting of executive power in the President for the simple reason that it would not actually result in full presidential control of executive action, as the actions of now-fired subordinates would still …
How Discriminatory Censorship Laws Imperil Public Education, Jonathan Feingold, Joshua Weishart
How Discriminatory Censorship Laws Imperil Public Education, Jonathan Feingold, Joshua Weishart
Faculty Scholarship
“Discriminatory censorship laws” regulate classroom conversations about racism, gender identity, and other topics targeted in the backlash against efforts toward inclusive classrooms and curricula. This policy brief examines the proliferation of these laws and their impact on K-12 schools, including the creation of hostile learning environments that expose students and educators to a heightened threat of race- and sex-based harassment and to formal sanctions and social ostracization. The laws also foster a climate of fear and anxiety among educators, effectively coercing them to shun critical inquiry and thought on targeted topics and more generally. The result is a curriculum that …
Continuous Reproductive Surveillance, Michael Ulrich, Leah R. Fowler
Continuous Reproductive Surveillance, Michael Ulrich, Leah R. Fowler
Faculty Scholarship
The Dobbs opinion emphasizes that the state’s interest in the fetus extends to “all stages of development.” This essay briefly explores whether state legislators, agencies, and courts could use the “all stages of development” language to expand reproductive surveillance by using novel developments in consumer health technologies to augment those efforts.
To Democratize Algorithms, Ngozi Okidegbe
To Democratize Algorithms, Ngozi Okidegbe
Faculty Scholarship
Jurisdictions increasingly employ algorithms in public sector decisionmaking. Facing public outcry about the use of such technologies, jurisdictions have begun to increase democratic participation in the processes by which algorithms are procured, constructed, implemented, used, and overseen. But what problem is the current approach to democratization meant to solve? Policymakers have tended to view the problem as the absence of public deliberation: agencies and courts often use algorithms without public knowledge or input. To redress this problem, jurisdictions have turned to deliberative approaches designed to foster transparency and public debate.
This Article contends that the current approach to democratization is …
Congressional Meddling In Presidential Elections: Still Unconstitutional After All These Years; A Comment On Sunstein, Gary S. Lawson, Jack M. Beermann
Congressional Meddling In Presidential Elections: Still Unconstitutional After All These Years; A Comment On Sunstein, Gary S. Lawson, Jack M. Beermann
Faculty Scholarship
In a prior article, see Jack Beermann & Gary Lawson, The Electoral Count Mess: The Electoral Count Act of 1887 Is Unconstitutional, and Other Fun Facts (Plus a Few Random Academic Speculations) about Counting Electoral Votes, 16 FIU L. REV. 297 (2022), we argued that much of the 1877 Electoral Count Act unconstitutionally gave Congress a role in counting and certifying electoral votes. In 2022, Congress amended the statute to make it marginally more constitutional in some respects and significantly less constitutional in others. In response to a forthcoming article by Cass Sunstein defending the new Electoral Count …
“Do Not Ever Refer To My Lord Jesus Christ With Pronouns”: Considering Controversies Over Religiously Motivated Discrimination On The Basis Of Gender Identity, Linda C. Mcclain
“Do Not Ever Refer To My Lord Jesus Christ With Pronouns”: Considering Controversies Over Religiously Motivated Discrimination On The Basis Of Gender Identity, Linda C. Mcclain
Faculty Scholarship
In the by-now familiar framing “religious freedom versus LGBT+ rights,” perhaps the most visible conflicts today in the United States, and elsewhere, concern the “T”—transgender or gender identity rights. This issue of the Journal of Law and Religion includes a conversation in print between Patrick Parkinson, Laura Portuondo and Claudia Haupt, and Shannon Gilreath on this timely topic, and their contrasting perspectives mirror dimensions of the larger public controversies. Although tweets like those quoted above (by unsuccessful Republican congressional candidate Lavern Spicer) asserting that neither the Bible nor Jesus had pronouns sparked both factual corrections and comical retorts, 3 the …