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Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton Jan 2021

Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton

Articles

Left unfettered, the twenty-first-century speech environment threatens to undermine critical pieces of the democratic project. Speech operates today in ways unimaginable not only to the First Amendment’s eighteenth-century writers but also to its twentieth-century champions. Key among these changes is that speech is cheaper and more abundant than ever before, and can be exploited — by both government and powerful private actors alike — as a tool for controlling others’ speech and frustrating meaningful public discourse and democratic outcomes.

The Court’s longstanding First Amendment doctrine rests on a model of how speech works that is no longer accurate. This invites ...


Narrowly Tailoring The Covid-19 Response, Craig Konnoth Jan 2020

Narrowly Tailoring The Covid-19 Response, Craig Konnoth

Articles

No abstract provided.


The Failure Of The Criminal Procedure Revolution, William T. Pizzi Jan 2020

The Failure Of The Criminal Procedure Revolution, William T. Pizzi

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No abstract provided.


Excavating The Forgotten Suspension Clause, Helen Norton Jan 2018

Excavating The Forgotten Suspension Clause, Helen Norton

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No abstract provided.


Preclusion Law As A Model For National Injunctions, Suzette M. Malveaux Jan 2018

Preclusion Law As A Model For National Injunctions, Suzette M. Malveaux

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No abstract provided.


Federalism, Convergence, And Divergence In Constitutional Property, Gerald S. Dickinson Jan 2018

Federalism, Convergence, And Divergence In Constitutional Property, Gerald S. Dickinson

Articles

Federal law exerts a gravitational force on state actors, resulting in widespread conformity to federal law and doctrine at the state level. This has been well recognized in the literature, but scholars have paid little attention to this phenomenon in the context of constitutional property. Traditionally, state takings jurisprudence—in both eminent domain and regulatory takings—has strongly gravitated towards the Supreme Court’s takings doctrine. This long history of federal-state convergence, however, was disrupted by the Court’s controversial public use decision in Kelo v. City of New London. In the wake of Kelo, states resisted the Court’s ...


Conservatives And The Court, Robert F. Nagel Jan 2017

Conservatives And The Court, Robert F. Nagel

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No abstract provided.


Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton Jan 2016

Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton

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No abstract provided.


Limiting Principles And Empowering Practices In American Indian Religious Freedoms, Kristen A. Carpenter Jan 2012

Limiting Principles And Empowering Practices In American Indian Religious Freedoms, Kristen A. Carpenter

Articles

Employment Division v. Smith was a watershed moment in First Amendment law, with the Supreme Court holding that neutral statutes of general applicability could not burden the free exercise of religion. Congress's subsequent attempts, including the passage of Religious Freedom Restoration Act and Religious Land Use and Institutionalized Persons Act, to revive legal protections for religious practice through the legislative and administrative process have received tremendous attention from legal scholars. Lost in this conversation, however, have been the American Indians at the center of the Smith case. Indeed, for them, the decision criminalizing the possession of their peyote sacrament ...


Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack Jan 2011

Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack

Articles

No abstract provided.


Sending The Self-Execution Doctrine To The Executioner, Aya Gruber Jan 2007

Sending The Self-Execution Doctrine To The Executioner, Aya Gruber

Articles

No abstract provided.


The Incompatibility Principle, Harold H. Bruff Jan 2007

The Incompatibility Principle, Harold H. Bruff

Articles

No abstract provided.


Stepping Through Grutter's Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen Norton Jan 2005

Stepping Through Grutter's Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen Norton

Articles

In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling - specifically, a public law school's interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well.

The switch to instrumental justifications for affirmative action appears a strategic response to the Court's narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning ...


Diversity And The Practice Of Interest Assessment, Robert F. Nagel Jan 2004

Diversity And The Practice Of Interest Assessment, Robert F. Nagel

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No abstract provided.


Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel Jan 2003

Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel

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No abstract provided.


What Bush V. Gore Means For Elections In The 21st Century, Helen Norton Jan 2002

What Bush V. Gore Means For Elections In The 21st Century, Helen Norton

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No abstract provided.


Tales Out Of School--Spillover Confessions And Against-Interest Statements Naming Others, Christopher B. Mueller Jan 2001

Tales Out Of School--Spillover Confessions And Against-Interest Statements Naming Others, Christopher B. Mueller

Articles

No abstract provided.


Judicial Supremacy And The Settlement Function, Robert F. Nagel Jan 1998

Judicial Supremacy And The Settlement Function, Robert F. Nagel

Articles

No abstract provided.


Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey Jan 1998

Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey

Articles

No abstract provided.


Authorizing Interpretation, Pierre Schlag Jan 1998

Authorizing Interpretation, Pierre Schlag

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No abstract provided.


Introduction, Paul F. Campos Jan 1997

Introduction, Paul F. Campos

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No abstract provided.


Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya Jan 1997

Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya

Articles

No abstract provided.


California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss Jan 1996

California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss

Articles

No abstract provided.


The Term Limits Dissent: What Nerve, Robert F. Nagel Jan 1996

The Term Limits Dissent: What Nerve, Robert F. Nagel

Articles

No abstract provided.


Hiding The Ball, Pierre Schlag Jan 1996

Hiding The Ball, Pierre Schlag

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No abstract provided.


The Future Of Federalism, Robert F. Nagel Jan 1996

The Future Of Federalism, Robert F. Nagel

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No abstract provided.


Progress And Constitutionalism, Robert F. Nagel Jan 1996

Progress And Constitutionalism, Robert F. Nagel

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No abstract provided.


Affirmative Action As A Women's Issue, Helen Norton Jan 1995

Affirmative Action As A Women's Issue, Helen Norton

Articles

No abstract provided.


A Comment On "Constitutional Rights As Public Goods", Robert F. Nagel Jan 1995

A Comment On "Constitutional Rights As Public Goods", Robert F. Nagel

Articles

Discussion of T. W. Merrill, Dolan v. City of Tigard: Constitutional Rights as Public Goods, 72 Denv. U. L. Rev. 859 (1995).


Forty Years In The Desert, Paul F. Campos Jan 1995

Forty Years In The Desert, Paul F. Campos

Articles

The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.