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Full-Text Articles in Law
The Supreme Court Review Act: Fast-Tracking The Interbranch Dialogue And Destabilizing The Filibuster, Aaron-Andrew P. Bruhl
The Supreme Court Review Act: Fast-Tracking The Interbranch Dialogue And Destabilizing The Filibuster, Aaron-Andrew P. Bruhl
JCL Online
This Essay presents an analysis of the Supreme Court Review Act, a bill that was recently introduced in Congress. The Act would create a streamlined legislative process for bills responding to new Supreme Court decisions that interpret federal statutes or restrict constitutional rights. By facilitating legislative responses to controversial cases, the Act would promote the “dialogue” that commentators and the courts themselves have used as a model for interbranch relations. The Essay describes how the proposed Supreme Court Review Act would work, discusses some of its benefits, addresses its constitutionality, and raises some questions about its implementation and effects.
Duty To Contract: Free Labor Ideology And Contractual Freedom In The Postbellum South, 1865-1867, Janice Y. Jiang
Duty To Contract: Free Labor Ideology And Contractual Freedom In The Postbellum South, 1865-1867, Janice Y. Jiang
JCL Online
This essay explores the ways in which the right to contract interacted with the free labor ideology at this pivotal moment in American legal history. It examines this relationship by looking at the perspectives of four groups of historical actors: grassroots actors such as anti-slavery activists and ordinary laborers, legislatures of the former Confederate states, agents of the Freedmen’s Bureau, and federal lawmakers in the 39th Congress. This essay argues that, although Congress legislated some of the key grassroots demands on a system of free labor and the right to contract through constitutional amendments and federal statutes, enforcement by the …
Compelled Climate Speech, Michael Zschokke
Compelled Climate Speech, Michael Zschokke
JCL Online
Climate change threatens nearly every corner of human life and may structurally change the global financial system. Investors increasingly demand information about how climate change may impact their investments. In response, the U.S. Securities and Exchange Commission issued a proposed rule that would require registered companies to disclose certain climate-related information in their registration statements and annual reports. But some critics argue that this proposed rule is unconstitutional under the Supreme Court’s current doctrine on compelled and commercial speech.
This doctrine misunderstands the First Amendment. When corporations engage in speech that possesses commercial and non-commercial characteristics, the Court’s binary, categorical …
Blurred Lines: An Analysis Of Whether Prosecutorial Discretion Extends To Lessening A Sentence Ex-Post In Light Of The Separation Of Powers Doctrine, Mikaela Meyer
JCL Online
No abstract provided.
Ending The Death Penalty For People With Severe Mental Illness (How Recent Supreme Court Cases Interpreting Atkins V. Virginia Support A New Death Penalty Prohibition), Josh Salzer
JCL Online
No abstract provided.
Ministerial Magic: Tax-Free Housing And Religious Employers, Bridget J. Crawford, Emily Gold Waldman
Ministerial Magic: Tax-Free Housing And Religious Employers, Bridget J. Crawford, Emily Gold Waldman
JCL Online
No abstract provided.
Solitary Confinement In America, Andrew Leon Hanna
Solitary Confinement As Per Se Unconstitutional, Andrew Leon Hanna
Solitary Confinement As Per Se Unconstitutional, Andrew Leon Hanna
JCL Online
No abstract provided.
Race-Conscious Admissions, Diversity, And Academic Freedom, Vinay Harpalani
Race-Conscious Admissions, Diversity, And Academic Freedom, Vinay Harpalani
JCL Online
No abstract provided.
The Present Constitutional Status Of Solitary Confinement, Andrew Leon Hanna
The Present Constitutional Status Of Solitary Confinement, Andrew Leon Hanna
JCL Online
No abstract provided.
Remedial Reading: Evaluating Federal Courts' Application Of The Prejudice Standard In Capital Sentences From "Weighing" And "Non-Weighing" States, Sarah Gerwig-Moore
Remedial Reading: Evaluating Federal Courts' Application Of The Prejudice Standard In Capital Sentences From "Weighing" And "Non-Weighing" States, Sarah Gerwig-Moore
JCL Online
No abstract provided.
Down But Not Out: Trinity Lutheran'S Implications For State No-Aid Provisions, Anthony Joseph
Down But Not Out: Trinity Lutheran'S Implications For State No-Aid Provisions, Anthony Joseph
JCL Online
No abstract provided.
Views Among College Students Regarding Freedom Of Expression: An Analysis In Light Of Key Supreme Court Decisions, John Villasenor
Views Among College Students Regarding Freedom Of Expression: An Analysis In Light Of Key Supreme Court Decisions, John Villasenor
JCL Online
No abstract provided.
A Counterfactual History Of Transgender Students' Rights, Kristi L. Bowman
A Counterfactual History Of Transgender Students' Rights, Kristi L. Bowman
JCL Online
No abstract provided.
Plural Marriage: When One Spouse Is Not Enough, John O. Hayward
Plural Marriage: When One Spouse Is Not Enough, John O. Hayward
JCL Online
No abstract provided.
Construction, Originalist Interpretation And The Complete Constitution, Richard S. Kay
Construction, Originalist Interpretation And The Complete Constitution, Richard S. Kay
JCL Online
No abstract provided.
Resolving The Reasonable Belief And Probable Cause Circuit Split Stemming From Payton And Steagald, Steve Ragatzki
Resolving The Reasonable Belief And Probable Cause Circuit Split Stemming From Payton And Steagald, Steve Ragatzki
JCL Online
No abstract provided.
Antidiscrimination In The Legal Profession And The First Amendment: A Partial Defense Of Model Rule 8.4(G), Claudia E. Haupt
Antidiscrimination In The Legal Profession And The First Amendment: A Partial Defense Of Model Rule 8.4(G), Claudia E. Haupt
JCL Online
No abstract provided.
Promoting Inclusion Through Exclusion: Higher Education's Assault On The First Amendment, Adam Lamparello
Promoting Inclusion Through Exclusion: Higher Education's Assault On The First Amendment, Adam Lamparello
JCL Online
No abstract provided.
Non-Contentious Jurisdiction And Consent Decrees, Michael T. Morley
Non-Contentious Jurisdiction And Consent Decrees, Michael T. Morley
JCL Online
No abstract provided.
Progressivism For Me, But Not For Thee , Peter M. Jaworski, Kee En Chong
Progressivism For Me, But Not For Thee , Peter M. Jaworski, Kee En Chong
JCL Online
No abstract provided.
Originalism And Constitutional Construction: A Shelby County Case Study, Kaiya M. A. Arroyo
Originalism And Constitutional Construction: A Shelby County Case Study, Kaiya M. A. Arroyo
JCL Online
No abstract provided.
Confirming Judges In The 2016 Senate Lame Duck Session, Carl Tobias
Confirming Judges In The 2016 Senate Lame Duck Session, Carl Tobias
JCL Online
No abstract provided.
The Enforcement Power In Crisis, William D. Araiza
Why Chief Justice Roy Moore And The Alabama Supreme Court Just Made The Case For Same-Sex Marriage, Adam Lamparello
Why Chief Justice Roy Moore And The Alabama Supreme Court Just Made The Case For Same-Sex Marriage, Adam Lamparello
JCL Online
No abstract provided.
Filling The Federal Appellate Court Vacancies, Carl Tobias
Filling The Federal Appellate Court Vacancies, Carl Tobias
JCL Online
No abstract provided.
The Voting Rights Act, Questions Of Deference & Legislative Facts In A Digital Age, Allison Orr Larsen
The Voting Rights Act, Questions Of Deference & Legislative Facts In A Digital Age, Allison Orr Larsen
JCL Online
No abstract provided.
Universities As Constitutional Law Makers (And Other Hidden Actors In Our Constitutional Orders), Adam J. Macleod
Universities As Constitutional Law Makers (And Other Hidden Actors In Our Constitutional Orders), Adam J. Macleod
JCL Online
No abstract provided.
What Happens If Data Is Speech?, Josh Blackman
Paroline, Restitution, And Transferred Scienter: Child Pornography Possessors And Restitution Based On A Commerce Clause-Derived, Aggregate Proximate Cause Theory, Adam Lamparello, Charles E. Maclean
Paroline, Restitution, And Transferred Scienter: Child Pornography Possessors And Restitution Based On A Commerce Clause-Derived, Aggregate Proximate Cause Theory, Adam Lamparello, Charles E. Maclean
JCL Online
No abstract provided.