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Constitutional law

Yeshiva University, Cardozo School of Law

Articles 1 - 18 of 18

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Response Letter To Chairman Mcgovern On Remote Voting, Deborah Pearlstein May 2020

Response Letter To Chairman Mcgovern On Remote Voting, Deborah Pearlstein

Testimony

Letter sent to Congressman Jim McGovern, Chair of the House Rules Committee. This letter has been entered into the Congressional Record.

"I read with interest an article by Mssrs. Mark Strand and Tim Lang introduced into the record during yesterday’s hearing of the House Rules Committee on H. Res. 965 - Authorizing remote voting by proxy in the House of Representatives. Having written elsewhere in detail about my conviction that the rules change under consideration readily passes constitutional muster, I am grateful for the opportunity to explain why the Strand and Lang position fails to persuade."


Letter To Chairman Mcgovern On Remote Voting, Deborah Pearlstein Apr 2020

Letter To Chairman Mcgovern On Remote Voting, Deborah Pearlstein

Testimony

Letter written to Congressman Jim McGovern, Chair of the House Rules Committee. This letter has been entered into the Congressional Record.

As a professor of constitutional law, and a scholar who has written extensively on separation of powers issues in U.S. Government, I believe adopting procedures to allow for remote voting under these extraordinary circumstances is not only lawful, but essential to the maintenance of our constitutional democracy. Recognizing that specific procedures for remote voting may still be in development, the analysis offered here focuses foremost on the broad scope of Congress’ constitutional authority to regulate its voting procedures.


Abandoning Recess Appointments?: A Comment On Hartnett (And Others), Michael Herz Jan 2005

Abandoning Recess Appointments?: A Comment On Hartnett (And Others), Michael Herz

Articles

No abstract provided.


Private Parties As Defendants In Civil Rights Litigation, Myriam Gilles Jan 2004

Private Parties As Defendants In Civil Rights Litigation, Myriam Gilles

Articles

No abstract provided.


Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld Jan 2003

Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld

Articles

The United States protects much hate speech that is banned in other Western constitutional democracies and under international human rights covenants and conventions. In the United States, only hate speech that leads to "incitement to violence" can be constitutionally restricted, while under the alternative approach found elsewhere, bans properly extend to hate speech leading to "incitement to hatred." The article undertakes a comparative analysis in light of changes brought by new technologies, such as the internet, which allow for worldwide spread of protected hate speech originating in the United States. After evaluating the respective doctrines, arguments and values involved, the ...


Intergroup Rivalry, Anti-Competetive Conduct And Affirmative Action, Michelle Adams Jan 2002

Intergroup Rivalry, Anti-Competetive Conduct And Affirmative Action, Michelle Adams

Articles

Significant research in social science describes racial inequality as grounded in notions of group identity and group conflict. Sociologists and social psychologists who study discrimination and prejudice have moved away from theories that explain prejudice solely as a problem of individual perception, and toward theories that view individual cognitive processes as related to group membership. While present social science yields no consensus view, there is a striking emphasis in the current literature on group identity theories as "powerful determinants of behavior." These theories, which stress the importance of prejudice as a group-based phenomenon and focus on "social-structural theories of group ...


Solving The Apprendi Puzzle, Kyron Huigens Jan 2002

Solving The Apprendi Puzzle, Kyron Huigens

Articles

No abstract provided.


Are Tax "Benefits" For Religious Institutions Constitutionally Dependent On Benefits For Secular Entities?, Edward A. Zelinsky Jan 2001

Are Tax "Benefits" For Religious Institutions Constitutionally Dependent On Benefits For Secular Entities?, Edward A. Zelinsky

Articles

No abstract provided.


Comment: Human Rights, Nationalism, And Multiculturalism In Rhetoric, Ethics, And Politics: A Pluralist Critique, Michel Rosenfeld Jan 2000

Comment: Human Rights, Nationalism, And Multiculturalism In Rhetoric, Ethics, And Politics: A Pluralist Critique, Michel Rosenfeld

Articles

No abstract provided.


It Is Lawyers We Are Funding: A Constitutional Challenge To The 1996 Restrictions On The Legal Services Corporation, Jessica A. Roth Jan 1998

It Is Lawyers We Are Funding: A Constitutional Challenge To The 1996 Restrictions On The Legal Services Corporation, Jessica A. Roth

Articles

No abstract provided.


Justices At Work: An Introduction, Michel Rosenfeld Jan 1997

Justices At Work: An Introduction, Michel Rosenfeld

Articles

No abstract provided.


An Introduction To Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights—False Dichotomies Make Bad Law, Paris R. Baldacci Jan 1996

An Introduction To Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights—False Dichotomies Make Bad Law, Paris R. Baldacci

Articles

No abstract provided.


The Identity Of The Constitutional Subject, Michel Rosenfeld Jan 1995

The Identity Of The Constitutional Subject, Michel Rosenfeld

Articles

No abstract provided.


Rewiring The First Amendment: Meaning, Content And Public Broadcasting, Donald W. Hawthorne, Monroe E. Price Jan 1994

Rewiring The First Amendment: Meaning, Content And Public Broadcasting, Donald W. Hawthorne, Monroe E. Price

Articles

No abstract provided.


Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld Jan 1993

Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld

Articles

No abstract provided.


Justice Brennan, The Constitution, And Modern American Liberalism, David Rudenstine Jan 1988

Justice Brennan, The Constitution, And Modern American Liberalism, David Rudenstine

Articles

No abstract provided.


Preface, Monroe E. Price Jan 1987

Preface, Monroe E. Price

Articles

No abstract provided.


The Exclusionary Rule: A Disputation, Peter Lushing Jan 1986

The Exclusionary Rule: A Disputation, Peter Lushing

Articles

No abstract provided.