Constitutional Law Commons^™

Singapore's Elected President: An Office That Is Still Evolving, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Constitutional changes effected to Singapore's Constitution in 1991 transformed the office of President from a purely ceremonial one chosen by the Parliament, to one directly elected by the people exercising certain discretionary powers. Among other things, the President may now veto attempts by the Government to deplete the nation's past financial reserves, and to effect unsuitable appointments to or dismissals of key public officers. Now, the Government is proposing to tweak the system further.

The Freedom Of Speech In Public Forums On College Campuses: A Single-Site Case Study On Pushing The Boundaries Of The Freedom Of Speech, Alexander Davidson

Journalism

The purpose of this single-site study is to test how far speech can be pushed before it is no longer protected at the California Polytechnic State University. The purpose isn’t merely to push limitations for the sake of testing boundaries, but it is to see what types of speech truly add to the marketplace of ideas and what types simply do not. The main points of the study are to understand what speech is protected and what speech is not protected on California Polytechnic State University’s campus and to understand how the provocation that comes along with “negative speech” can …

Economic Structure And Constitutional Structure, Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

In the last four decades, the American middle class has been hollowed out, and fears are growing that economic inequality is leading to political inequality. These trends raise a troubling question: Can our constitutional system survive the collapse of the middle class? This question might seem tangential-if not unrelated-to contemporary constitutional theory. But for most of the history ofpolitical thought, one of the central problems of constitutional design was the relationship between the distribution of wealth in society and the structure of government. Two traditions emerged from thinking about this relationship. The first tradition assumed that society would be divided …

We All Stand Together: The Role Of The Association Of Asian Constitutional Courts And Equivalent Institutions In Promoting Constitutionalism, Maartje De Visser

Research Collection Yong Pung How School Of Law

This article critically evaluates the interplay among courts with constitutional jurisdiction in Asia. This is done in the specific context of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC). The article finds that the AACC has to date made only a nominal contribution to cultivating inter-court relations in furtherance of common goals and advances the claim that its members ought to rectify this state of affairs. On the one hand, transnational judicial alliances have instrumental value for participating courts in the discharge of their mandate. On the other hand, the AACC can be a useful conduit in nurturing …

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.

Different Types Of Participation In Constitution Making Processes: Towards A Conceptualisation, Abrak Saati

Southern African Journal of Policy and Development

Though participatory constitution making processes in post-conflict states and in states transitioning from authoritarian rule have become a new trend, scholarly research has yet to approach the notion of participation in a sharp and distinct way. In this article, I develop a novel approach for differentiating participation in constitution making, depending on the extent of influence that participants are granted, illustrating this reasoning with eight empirical cases from the African continent.

The Influence Of Emotional And Situated Social Cognition Factors On Consents To Search, Sarah A. Moody

UCARE: Research Products

The Fourth Amendment to the US Constitution holds that the government cannot conduct an unreasonable search or seizure without probable cause or consent. A surprising majority of people acquiesce to search requests and research is lacking in determining what factors play a role in these decisions. Findings from the current research on the roles of emotions and situated social cognition in consents to search may help police officers and other legal authority figures ensure against coercive or unfair consents. Based upon regression models constructed from the data, authority figures can alter their search requests to help prevent coercion. The current …

Submission On Specific Aspects Of The Elected Presidency, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

This submission, to which minor redactions have been made, was prepared in response to a call for public feedback (archived here) by the Constitutional Commission to study and make recommendations on specific aspects of the Elected Presidency chaired by the Honourable Chief Justice Sundaresh Menon.

The Hidden Under Caste Of America: An Examination Of The Effects Of Terry V. Ohio, Florida V. Bostick, & Whren V. United States And Colorblindness On African Americans, Austin Schoeck

Political Science: Student Scholarship & Creative Works

No abstract provided.

Myanmar- A New Law For A New Era, Mahdev Mohan

Research Collection Yong Pung How School Of Law

On 5 January, Myanmar’s parliament enacted the Arbitration Law 2016 – Union Parliament Act No. 5 of 2016 – which repeals and replaces the Myanmar Arbitration Act 1944 and represents an important step forward in creating a legal environment that is attractive for investment and commerce.

The Second Amendment In The 21st Century: An In-Depth Examination Of Firearm Freedoms And Their Relationship With Public Safety And Interests, Mathew E. Klein

Honors Undergraduate Theses

One of the most hotly contested topics in the world today revolves around an object. An object that has caused debate among all members of society both in the United States, and all across the globe. But how could an object, something that on its own does nothing, spur such heated argument? This object is the evolution of invention and the product of fighting amongst each other. This object changes the way people think and how they act. This object can be used for both good and bad. This object is a gun.

This research project will explore the Second …

The Distinctive Role Of Justice Samuel Alito: From A Politics Of Restoration To A Politics Of Dissent, Neil S. Siegel

Faculty Scholarship

Justice Samuel Alito is regarded by both his champions and his critics as the most consistently conservative member of the current Supreme Court. Both groups seem to agree that he has become the most important conservative voice on the Court. Chief Justice John Roberts has a Court to lead; Justice Antonin Scalia and his particular brand of originalism have passed on; Justice Clarence Thomas is a stricter originalist and so writes opinions that other Justices do not join; and Justice Anthony Kennedy can be ideologically unreliable. Justice Alito, by contrast, is unburdened by the perceived responsibilities of being Chief Justice, …

Continuity And The Declaration Of Independence, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.

Dna And Distrust, Kerry Abrams, Brandon L. Garrett

Faculty Scholarship

Over the past three decades, government regulation and funding of DNA testing has reshaped the use of genetic evidence across various fields, including criminal law, family law, and employment law. Courts have struggled with questions of when and whether to treat genetic evidence as implicating individual rights, policy trade-offs, or federalism problems. We identify two modes of genetic testing: identification testing, used to establish a person’s identity, and predictive testing, which seeks to predict outcomes for a person. Judges and lawmakers have often drawn a bright line at predictive testing, while allowing uninhibited identity testing. The U.S. Supreme Court in …

Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith

Faculty Scholarship

There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking parallels …

Religiously-Motivated Medical Neglect: A Response To Professors Levin, Jacobs, And Arora, Doriane Lambelet Coleman

Faculty Scholarship

This Response to Professors Levin, Jacobs, and Arora’s article To Accommodate or Not to Accommodate: (When) Should the State Regulate Religion to Protect the Rights of Children and Third Parties? focuses on their claim that the law governing religious exemptions to medical neglect is messy, unprincipled, and in need of reform, including because it violates the Establishment Clause. I disagree with this assessment and provide support for my position. Specifically, I summarize and assess the current state of this law and its foundation in the perennial tussle between parental rights and state authority to make decisions for and about the …

When Society Becomes The Criminal: An Exploration Of Society’S Responsibilities To The Wrongfully Convicted, Amelia A. Haselkorn

Pitzer Senior Theses

This thesis explores how society can and should compensate those who have been wrongfully convicted after they are exonerated and how we can prevent these mistakes from happening to others in the future. It begins by presenting research on the scope of the problem. Then it suggests possible reforms to the U.S. justice system that would minimize the rate of innocent convictions. Lastly, it takes both a philosophical and political look at what just compensation would entail as well as a variety of state compensation laws.

Why We Need Reed: Unmasking Pretext In Anti-Panhandling Legislation, Joseph Mead

Law Faculty Articles and Essays

Over the past decade, there has been a dramatic increase in the number of areas where asking for help is restricted or banned. Whether called begging, panhandling, or solicitation, cities were spurred on by concerns of business owners and residents to ban or highly restrict this type of speech from occurring in public areas. Yet laws such as these have been repeatedly struck down by courts in recent months, fueled in large part by the Supreme Court’s decision in Reed v. City of Gilbert.

In this essay I argue that, at least in the context of anti-panhandling legislation, Reed …

Is The First Amendment At Risk?, Devin Darrow

Nebraska College Preparatory Academy: Senior Capstone Projects

Since the establishment of the Bill of Rights on December 15th 1791, Freedom of Speech has been one of the more controversial topics found within the first ten amendments. The Supreme Court has changed their interpretation of the 1st Amendment, Freedom of Speech clause, due to the cultural shifts of each generation. Recent cases have made technology a major factor for laws needing to be changed in order to protect people’s rights.

In conclusion, the definition of freedom of speech will continuously change due to the progress in technology. The last 10 years have demonstrated the need for changes. There …

Miranda 2.0, Tonja Jacobi

Faculty Articles

Fifty years after Miranda v. Arizona, significant numbers of innocent suspects are falsely confessing to crimes while subject to police custodial interrogation. Critics on the left and right have proposed reforms to Miranda, but few such proposals are appropriately targeted to the problem of false confessions. Using rigorous psychological evidence of the causes of false confessions, this Article analyzes the range of proposals and develops a realistic set of reforms — Miranda 2.0 — which is directed specifically at this foundational challenge to the justice system. Miranda 2.0 is long overdue; it should require: warning suspects how long they …

Unintended Lawlessness Of Stand Your Ground: Justitia Fiat Coelum Ruat, Ann Marie Cavazos

Journal Publications

This paper will examine Florida's Stand Your Ground law by analyzing the origins and purpose of the law, vis-a-vis comparative analysis, and by discussing the application of this law. It will compare the stories of victims and further dissect the necessity and benefits of the Stand Your Ground laws, and examine in particular how it has affected the citizens of Florida and the nation. This Article will examine unforeseen outcomes derived from the enactment of a law meant for the common good and will further discuss how the Castle Doctrine evolved into the current Stand Your Ground laws. It will …

The Ninth Circuit's Decision In Von Saher V. Norton Simon Museum Of Art At Pasadena: The Invocation Of The Act Of State Doctrine And Its Implications For Future Nazi-Stolen Art Claims, Erica Wolf

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Executive Federalism Comes To America, Jessica Bulman-Pozen

Faculty Scholarship

This Article proposes a different way of thinking about contemporary American governance, looking to an established foreign practice. Executive federalism – “processes of intergovernmental negotiation that are dominated by the executives of the different governments within the federal system” – is pervasive in parliamentary federations, such as Canada, Australia, and the European Union. Given the American separation of powers arrangement, executive federalism has been thought absent, even “impossible,” in the United States. But the partisan dynamics that have gridlocked Congress and empowered both federal and state executives have generated a distinctive American variant.

Viewing American law and politics through the …