Law Commons^™

Fcc V. Fox Television Moot Court, Robert Barnes, Joan Biskupic, John Blume, Erwin Chemerinsky, Thomas Goldstein, Linda Greenhouse, John Mcginnis, David Savage, Paul Smith, William Van Alstyne, Timothy Zick

John H. Blume

The Bill of Rights Institute and William and Mary Law School hosted a moot court on the FCC v. Fox Television indecency case. The case rests on the FCC’s ban against the use of curse words in television broadcasts Erwin Chermerinsky and Thomas Goldstein argued the case before Joan Biskupic, Robert Barnes, John Blume, Linda Greenhouse, John McGinnis, David Savage, Paul Smith, William Van Alstyne, and Timothy Zick. After the oral argument the judgment was shown. Then the panelists responded to questions from members of the audience. This program contains language some may find offensive.

Rethinking Proportionality Under The Cruel And Unusual Punishments Clause, John Stinneford

John F. Stinneford

Although a century has passed since the Supreme Court started reviewing criminal punishments for excessiveness under the Cruel and Unusual Punishments Clause, this area of doctrine remains highly problematic. The Court has never answered the claim that proportionality review is illegitimate in light of the Eighth Amendment’s original meaning. The Court has also adopted an ever-shifting definition of excessiveness, making the very concept of proportionality incoherent. Finally, the Court’s method of measuring proportionality is unreliable and self contradictory. As a result, a controlling plurality of the Court has insisted that proportionality review be limited to a narrow class of cases. …

Constitutionality Of Statutory Renegotiation, Charles Collier

Charles W. Collier

No abstract provided.

Belling The Partisan Cats: Preliminary Thoughts On Identifying And Mending A Dysfunctional Constitutional Order, Mark Graber

Mark Graber

This paper sharpens debates over whether the Constitution of the United States and the American constitutional order are presently dysfunctional, the nature of any dysfunctions, and how underlying regime flaws are likely to be corrected. Rather than focusing primarily on constitutional text, this Article explores the dynamic ways in which constitutional processes have influenced and been influenced by the structure of constitutional politics. Constitutional dysfunction is best conceptualized as the failure of a constitutional order rather than as a consequence of a flawed constitutional text, and dysfunction typically occurs when a regime is unable to transition from a dysfunctional constitutional …

Hobby Lobby's Challenge To Officialdom's 'Compelling Interest', Michael Helfand

Michael A Helfand

No abstract provided.

The Murkiness Of The Hobby Lobby Ruling, Michael Helfand

Michael A Helfand

No abstract provided.

The Balanced Budget Amendment: Will Judges Become Accountants? A Look At State Experiences, Donald Tobin

Donald B. Tobin

No abstract provided.

Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power

Garrett Power

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property.

The …

America's Forgotten Constitutions: Defiant Visions Of Power And Community, Robert Tsai

Robert L Tsai

The U.S. Constitution opens by proclaiming the sovereignty of all citizens: "We the People." Robert Tsai's gripping history of alternative constitutions invites readers into the circle of those who have rejected this ringing assertion--the defiant groups that refused to accept the Constitution's definition of who "the people" are and how their authority should be exercised. America's Forgotten Constitutions is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists. Beginning in the nineteenth century, Tsai chronicles eight episodes in which discontented citizens took the extraordinary step of drafting a new constitution. He examines …

Implied Consent: A Proposal On For-Profit Conscience, Michael Helfand

Michael A Helfand

No abstract provided.

Original Jurisdiction Deadlocks, Michael Coenen

Michael Coenen

When a member of the Supreme Court is unable to hear a case, the remaining Justices will occasionally split 4-4 on the case's merits. Normally, such a tie vote translates into a summary affirmance of the lower court ruling, but it remains an open question how the Court should deal with deadlock in the original jurisdiction context, where by definition there is no lower court ruling to affirm. The Court has from its inception lacked a clear and principled approach to original jurisdiction deadlocks (OJDs), and as a result it has dealt awkwardly with those it has confronted in the …

The Fundamental Nature Of Title Vii, Maria Ontiveros

Maria L. Ontiveros

This article explores the fundamental nature of Title VII and argues that Title VII is a statute designed to protect the right to own and use one's own labor free from discrimination in order to provide meaningful economic opportunity and participation. This conclusion is based upon three different types of analysis: the elements approach; the super statute approach and the human rights approach. The "elements approach" places Title VII in context and argues that it cannot be interpreted in isolation because it is only one element of the Civil Rights Act of 1964. The "super statute approach" argues that Title …