Law Commons^™

F10rs Sgb No. 1 (Election Code), Bonvillain, Alexander, Elmore, B Jones, D Jones, Lemoine, Vaughn, Wells

Student Senate Enrolled Legislation

No abstract provided.

F10rs Sgb No. 6 (Ccc), Landry, Terracciano, Eveland

Student Senate Enrolled Legislation

No abstract provided.

But How Will The People Know? Public Opinion As A Meager Influence In Shaping Contemporary Supreme Court Decision Making, Tom Goldstein, Amy Howe

Michigan Law Review

Chief Justice John Roberts famously described the ideal Supreme Court Justice as analogous to a baseball umpire, who simply "applies" the rules, rather than making them. Roberts promised to "remember that it's my job to call balls and strikes and not to pitch or bat." At her own recent confirmation hearings, Elena Kagan demurred, opining that Roberts's metaphor might erroneously suggest that "everything is clear-cut, and that there's no judgment in the process." Based on his 2009 book, The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution, Barry Friedman …

Awakening The Press Clause, Sonja R. West

Scholarly Works

The Free Press Clause enjoys less practical significance than almost any other constitutional provision. While recognizing the structural and expressive importance of a free press, the Supreme Court has never recognized explicitly any right or protection as emanating solely from the Press Clause. Recently in the Court’s Citizens United decision, Justices Stevens and Scalia reignited the 30-year-old debate over whether the Press Clause has any function separate from the Speech Clause.

The primary roadblock to recognizing independent meaning in the Press Clause is the definitional problem - who or what is the “press”? Others have attempted to define the press, …

Same Sex Marriage: Does The Constitution Or State Constitution Support Same-Sex Marriages?, Sonja Seehusen

University of the District of Columbia Law Review

No abstract provided.

The Tea Party And The Constitution, Christopher W. Schmidt

Christopher W. Schmidt

This Article considers the Tea Party as a constitutional movement. I explore the Tea Party’s ambitious effort to transform the role of the Constitution in American life, examining both the substance of the Tea Party’s constitutional claims and the tactics movement leaders have embraced for advancing these claims. No major social movement in modern American history has so explicitly tied its reform agenda to the Constitution. From the time when the Tea Party burst onto the American political scene in early 2009, its supporters claimed in no uncertain terms that much recent federal government action overstepped constitutionally defined limitations. A …

The Tea Party And The Constitution, Christopher W. Schmidt

All Faculty Scholarship

This Article considers the Tea Party as a constitutional movement. I explore the Tea Party’s ambitious effort to transform the role of the Constitution in American life, examining both the substance of the Tea Party’s constitutional claims and the tactics movement leaders have embraced for advancing these claims. No major social movement in modern American history has so explicitly tied its reform agenda to the Constitution. From the time when the Tea Party burst onto the American political scene in early 2009, its supporters claimed in no uncertain terms that much recent federal government action overstepped constitutionally defined limitations. A …

Law, History, And Feminism, Tracy A. Thomas

Akron Law Faculty Publications

This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history. The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the past two …

Law, History, And Feminism, Tracy A. Thomas

Tracy A. Thomas

This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history. The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the past two …

Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein

University of Richmond Law Review

No abstract provided.

A Separation Of Powers Defense Of Federal Rulemaking Power, Michael Blasie

Faculty Scholarly Works

Judicial rulemaking—the methods by which federal courts create federal procedural rules—represents a paradigmatic clash between the functionalist and formalist theories of the separation of powers. There exist compelling practical reasons to invest such power in the judiciary, yet the Constitution’s text does not explicitly confer such power on any branch. This Article comprehensively examines the separation of powers issues raised by the current federal rulemaking process under the formalist theory of the separation of powers in light of modern precedent. Part I details the current procedure for creating the federal rules, summarizes the relevant scholarship, and examines the few Supreme …

Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward

Schmooze 'tickets'

No abstract provided.

Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel V. United States , Linda C. Mcclain

Schmooze 'tickets'

No abstract provided.

Why Originalism Is Of So Little Use In Interpreting The Thirteenth Amendment, Henry L. Chambers

Schmooze 'tickets'

The 13th Amendment affords two very different visions. One vision limits the 13th Amendment’s scope to ending slavery and involuntary servitude without more. The second expands the 13th Amendment’s scope to include an anti-subordination principle. Proponents of both visions rely on originalism to support their visions. Unfortunately, originalism does not help us reach a clearly correct conclusion regarding the scope of the 13th Amendment.

That is fine, because the core question regarding the interpretation of the 13th Amendment ought to be whether the amendment is constitutionally transformative. That is, does the 13th Amendment announce a constitutional principle that requires that …

Getting Right Without Lincoln, Daniel W. Hamilton

Schmooze 'tickets'

This short piece is taken from a review of the three important books considered below. This review is part of my current exploration of the historiography of slavery and the Constitution in Civil War legal history.

Brian McGinty, Lincoln and the Court; Stephen C. Neff, Justice in Blue and Gray: A Legal History of the Civil War; Lea VanderVelde, Mrs. Dred Scott: A Life on Slavery’s Frontier

The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros

Schmooze 'tickets'

No abstract provided.

Liberalism, The Thirteenth Amendment, And The Seeds Of Destruction Of Reconstruction, Leslie F. Goldstein

Schmooze 'tickets'

No abstract provided.

Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis

Schmooze 'tickets'

No abstract provided.

The Thirteenth Amendment And Constitutional Theory, Earl Maltz

Schmooze 'tickets'

No abstract provided.

The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov

Schmooze 'tickets'

No abstract provided.

States Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman

Schmooze 'tickets'

No abstract provided.

The Enduring Legacy Of The Thirteenth Amendment, Robert J. Kaczorowski

Schmooze 'tickets'

No abstract provided.

James Ashley And The Thirteenth Amendment, Rebecca E. Zietlow

Schmooze 'tickets'

No abstract provided.

A Grievance Based Interpretation Of The Thirteenth Amendment, Lea Vandervelde

Schmooze 'tickets'

No abstract provided.

The Reconstruction Power, Jack M. Balkin

Schmooze 'tickets'

No abstract provided.

Slavery And The Phenomenology Of Torture, Sanford Levinson

Schmooze 'tickets'

No abstract provided.

Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict

Schmooze 'tickets'

No abstract provided.

Reconsidering A Parent’S ‘Apparent’ Authority In Intergenerational Co-Residence: The Need For A Paradigm Shift In Evaluating Parental Consent To Search Adult Children’S Bedrooms, Hillary B. Farber

Hillary B. Farber

Intergenerational households are the fastest growing living arrangement in the country. The foreclosure crisis, high unemployment rate, and exorbitant health care costs are causing adults across the generational spectrum to make choices based on their newly realized financial circumstances. An important social effect caused by the weakened economy is that more adult children are moving back into their parent’s home, and aging parents are increasingly seeking refuge in their adult child’s home.

Firmly established precedent makes clear that a parent’s consent to a police search of a minor child’s bedroom for evidence of a minor’s criminal activity is a reasonable …

Judging In A Vacuum, Or, Once More, Without Feeling: How Justice Scalia’S Jurisprudential Approach Repeats Errors Made In Plessy V. Ferguson, Chris Edelson

Chris Edelson

Justice Antonin Scalia recently declared that the 14th Amendment’s Equal Protection Clause simply does not apply to discrimination based on sex or sexual orientation. Though Justice Scalia’s statement is not exactly news, as he had previously suggested as much in dissenting opinions in Romer v. Evans and United States v. Virginia, it does provide an opportunity to consider how he arrived at these conclusions. Justice Scalia argues that he is simply applying the original meaning of the Equal Protection Clause, deferring to tradition and the will of the people until and unless democratic action provides new instructions. This article argues …

Moral And Legal Dilemma: A Legal Analysis Of The Criticisms Leveled Against Arizona Sb 1070, Michael K. Marriott

Michael K Marriott

The Support Our Law Enforcement and Safe Neighborhoods Act, more commonly known as Arizona SB 1070, is a recently passed bill targeting unlawful immigration. Touted to be the strongest piece of immigration legislation passed in America's recent history, the bill has come under fire on state, national, and international levels.

This paper begins by setting the stage for why SB 1070 was passed, and what legislators sought to accomplish. It then provides a basic overview of the bill, with an emphasis towards its more controversial aspects. From there it groups together certain classes of criticisms that have been publicly leveled …