Law Commons^™

Giving The Barking Dog A Bite: Challenging Felon Disenfranchisement Under The Voting Rights Act Of 1965, Lauren Handelsman

Fordham Law Review

No abstract provided.

The Flaws Of Rational Basis With Bite: Why The Supreme Court Should Acknowledge Its Application Of Heightened Scrutiny To Classifications Based On Sexual Orientation, Jeremy B. Smith

Fordham Law Review

No abstract provided.

Tying The Braid Of Second-Parent Adoptions—Where Due Process Meets Equal Protection, Christopher Colorado

Fordham Law Review

No abstract provided.

Do Constitutions Requiring Adherence To Shari`A Threaten Human Rights? How Egypt’S Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown

Articles

Over the last thirty years, a number of Muslim countries, including most recently Afghanistan and Iraq, have adopted constitutions that require the law of the state to respect fundamental Islamic legal norms. What happens when countries with a secular legal system adopt these "constitutional Islamization" provisions? How do courts interpret them? This article will present a case study of constitutional Islamization in one important and influential country, Egypt. In interpreting Egypt's constitutional Islamization provision, the Supreme Constitutional Court of Egypt has interpreted Shari'a norms to be consistent with international human rights norms and with liberal economic policies. The experience of …

Constitutional Law Writ Large, Louis Fisher

Saint Louis University Law Journal

No abstract provided.

Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne

Saint Louis University Law Journal

No abstract provided.

How (And How Not) To Use Comparative Constitutional Law In Basic Constitutional Law Courses, Mark Tushnet

Saint Louis University Law Journal

No abstract provided.

Undercover Anti-Populism, Larry D. Kramer

Fordham Law Review

No abstract provided.

Serving Two Masters: Evaluating The Criminal Or Civil Nature Of The Vwpa And Mvra Through The Lens Of The Ex Post Facto Clause, The Abatement Doctrine, And The Sixth Amendment, Brian Kleinhaus

Fordham Law Review

No abstract provided.

A Constitutional Defence Of The Federal Ban On Human Cloning For Research Purposes, Jocelyn Downie, Jennifer Llewellyn, Françoise Baylis

Articles, Book Chapters, & Popular Press

Parliament's prohibition on cloning in the Assisted Human Reproduction Act has led to divergent views on the validity of the legislation. This article responds to an article in volume 29, no. 2 of this journal by Barbara Billingsley and Timothy Caulfield, who suggested that the federal ban would likely not survive a Charter challenge. Billingsley and Caulfield argued that scientific experiments are expressive acts, deserving of protection under section 2(b) of the Charter, which guarantees freedom of expression. In their view, both the breadth of the legislative objective and the proportionality of the measure would preclude the courts from finding …

Constitutional Partnership And The States, Aaron J. Saiger

Fordham Law Review

No abstract provided.

The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins

Faculty Publications

No abstract provided.

Is Morrison Dead? Assessing A Supreme Drug (Law) Overdose, Jonathan H. Adler

Faculty Publications

There was little doubt that the federal government would prevail in Gonzales v. Raich. What was, perhaps, unexpected was so expansive a repudiation of enforceable judicial limitations on federal power. In upholding the constitutionality of the Controlled Substances Act as applied to the non-commercial intrastate possession and consumption of marijuana for medical purposes as authorized under California law, the Supreme Court hollowed out the core of contemporary commerce clause jurisprudence. Insofar as United States v. Morrison had stood for the propositions that only intrastate economic activities could be aggregated for purposes of the "substantial effects" test, that attenuated connections between …

Ohio Issue 1 Is Unconstitutional, Wilson R. Huhn

Akron Law Faculty Publications

This article discusses the constitutionality of Ohio Issue 1, an amendment to the state constitution that was adopted in a referendum by the people of the State of Ohio in November, 2004. The article consists of two parts. Part I sets forth arguments in support of the proposition that Ohio Issue 1 is unconstitutional. Part II sets forth arguments that have been or may be raised in support of Ohio Issue 1, and responds to each of those arguments.

Judicial Federalism And The Future Of Federal Environmental Regulation, Jonathan H. Adler

Faculty Publications

This article assesses the current and likely impact of the Supreme Court's federalism cases on federal environmental regulation. As a result of this assessment, the article seeks to make four points: (1) Thus far, the Supreme Court's federalism cases have had a limited impact on federal regulation, as federal courts have not used these cases as a basis for limiting the reach of federal regulatory authority. (2) Notwithstanding this limited impact, the underlying logic of the Supreme Court's cases does pose a challenge for federal regulation, particularly in the Commerce Clause context. (3) The thrust of the federalism cases makes …

Reconciling Data Privacy And The First Amendment, Neil M. Richards

Scholarship@WashULaw

This article challenges the First Amendment critique of data privacy regulation–the claim that data privacy rules restrict the dissemination of truthful information and thus violate the First Amendment. The critique, which is ascendant in privacy discourse, warps legislative and judicial processes by constitutionalizing information policy. Rejection of the First Amendment critique is justified on three grounds. First, the critique mistakenly equates privacy regulation with speech regulation. Building on scholarship examining the boundaries of First Amendment protection, this article suggests that speech restrictions in a wide variety of commercial contexts have never been thought to trigger heightened First Amendment scrutiny, refuting …

Theories Of Taking The Constitution Seriously Outside The Courts

Fordham Law Review

No abstract provided.

Courting Disaster, Lawrence G. Sager

Fordham Law Review

No abstract provided.

Judicial Review Without Judicial Supremacy: Taking The Constitution Seriously Outside The Courts, James E. Fleming

Fordham Law Review

No abstract provided.

Can We Be Legal Positivists Without Being Constitutional Positivists?, Abner S. Greene

Fordham Law Review

No abstract provided.

Popular Constitutionalism Versus Justice In Plainclothes: Reflections From History, Robert J. Kaczorowski

Fordham Law Review

No abstract provided.

Choosing Balance: Congressional Powers And The Partial-Birth Abortion Ban Act Of 2003, Alissa Schecter

Fordham Law Review

No abstract provided.

Suspending Habeas Corpus: Article I, Section 9, Clause 2, Or The United States Constitution And The War On Terror, Tor Ekeland

Fordham Law Review

No abstract provided.

The Limited Path Dependency Of Precedent, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Revitalizing The Forgotten Uniformity Constraint On The Commerce Power, Thomas Colby

GW Law Faculty Publications & Other Works

Employing a straightforward textual reading of the Commerce Clause, which, unlike various other constitutional clauses, does not expressly mandate uniform regulation, the Supreme Court has recently declared that Congress is free to enact commercial regulations that apply in some states, but not in others, or that explicitly treat some states differently than others. This Article seeks to call that conclusion into question, and in the course of doing so, to explore the proper roles of history and text in constitutional decisionmaking.

From a historical perspective, the desire for uniformity was both the precipitating factor in the creation of the federal …

True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Nature Of Representation: The Cherokee Right To A Congressional Delegate, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This paper explores the history and present day implications of the Cherokee Nation's 1835 treaty-based right to a Congressional Delegate.

The Constitutional Limits To Court-Stripping, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Constitutional Law As Political Spoils, William P. Marshall

Faculty Publications

No abstract provided.

Crawford V. Washington: Encouraging And Ensuring The Confrontation Of Witnesses, Robert P. Mosteller

Faculty Publications

No abstract provided.