Constitutional Law Commons^™

The Teaching Of International Law, Myres S. Mcdougal

Georgia Journal of International & Comparative Law

No abstract provided.

Foreign Policy And The Government Legal Adviser, Henry Darwin

Georgia Journal of International & Comparative Law

No abstract provided.

Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong

Public Land & Resources Law Review

Native Hawaiians and the scientific community have been pitted against each other in a decades-long culture war over the construction of observatories and telescopes on sacred landscapes. In Mauna Kea Anaina Hou, the Hawai’i Supreme Court handed a victory to Native Hawaiian culture and rights by halting the construction of a new telescope on Mauna Kea. The decision must be read cautiously, however, as it is firmly rooted in the strict application of procedural due process.

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Qualified Immunity When Facts Are In Dispute, Leon Friedman

Touro Law Review

No abstract provided.

Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles

Touro Law Review

No abstract provided.

The Theory Of Municipal Custom And Practice, Karen Blum

Touro Law Review

No abstract provided.

Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass

Touro Law Review

No abstract provided.

Congressional Management Of The District Of Columbia Prior To Home Rule: The Struggle To Understand Power Lines In The Nation's Capital, James Moeller

University of the District of Columbia Law Review

Article I, Section 8 of the U.S. Constitution authorizes the U.S.Congress to establish a federal capital and "[t]o exercise exclusive Legislation in all Cases whatsoever, over such District."' For this reason, Congress has exclusive jurisdiction over the District ofColumbia ("District"), which has neither statehood nor voting representation in Congress. In 1973, Congress enacted the District of Columbia Home Rule Act,which delegated some measure of local self-governance to the District.2Since 1973, District residents have elected their own mayor and city council. Council legislation, however, is still subject to review by Congress, which also approves the annual budget for the District.

Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer

Touro Law Review

No abstract provided.

Three Out Of Four Economists Recommend Raising The Minimum Wage! A Closer Look At The Debate Surrounding Seattle's Minimum Wage Ordinance, Erica Bergmann

Seattle University Law Review

This Note will discuss the implications of a high minimum wage by examining the debate around the Seattle Ordinance with a particular focus on the IFA lawsuit. To analyze the possible impacts of the Seattle Ordinance, current and historical arguments both in support of and in opposition to minimum wage laws are considered. This Note ultimately concludes that the U.S. District Court rightly denied the IFA’s motion for a preliminary injunction, which would have frustrated Seattle’s experiment before it began. Seattle’s plan to implement a $15 minimum wage, and similar experiments, should be permitted to proceed because the problem of …

Fixing Bail, Samuel R. Wiseman

Scholarly Publications

A large portion of the jail population consists of criminal defendants whose guilt has yet to be established. A growing number of states have attempted to reduce jail populations in light of budget concerns, and many federal and state statutes already direct judges to detain defendants only if alternative conditions will not protect society or prevent pretrial flight. Despite these legislative directives, judges continue to jail too many defendants pretrial. Indeed, although statutes often direct judges not to impose financial conditions leading to detention, many pretrial detainees are in jail because they could not afford the bond set by a …

Democratic Dissolution: Radical Experimentation In State Takeovers Of Local Governments, Michelle Wilde-Anderson

Fordham Urban Law Journal

While state interventions to stabilize the finances of struggling municipalities date back to the Great Depression, the current fiscal crisis has brought a startling escalation in the powers granted to state intervention authorities. Aptly observed by Abby Goodnough in The New York Times, cities and states have tried “myriad ways of righting their fiscal ships as the recession plods on,” but until very recently, “locking the mayor out of City Hall [was] generally not one of them.” In 2010 and 2011, Michigan and Rhode Island, which have been watched closely by other states, dramatically reformed their laws governing state receiverships …

City Of Fernley V. State, Dep’T Of Tax, 132 Nev. Adv. Op. 4 (January 14, 2016), Daniel Ormsby

Nevada Supreme Court Summaries

The Court determined that the Local Government Tax Distribution Account under NRS § 330.660 was general legislation, survived rational basis scrutiny, and therefore was not unconstitutional under Article 4, Sections 20 and 21 of the Nevada Constitution.

Baltimore's Monumental Question: Can The Heightened Social Conscience Against The Confederacy Rewrite The Constitutional Right To Due Process?, Blake Alderman

University of Baltimore Journal of Land and Development

Monuments are preserved in order to remember, educate the public on, and acknowledge the monuments’ historical significance. Maryland’s monuments are designated by two authorities: the Board of the Maryland Historical Trust and smaller municipal commissions.1 The Board examines local monuments to be submitted to the national registry, whereas the smaller commissions are appointed and operate to preserve local Baltimore monuments.2 On June 30, 2015, Baltimore City Mayor Stephanie Rawlings-Blake announced the creation of a Special Commission to review all Baltimore City Confederate historical monuments.3

The Commission’s appointment stems from a recently heightened national awareness of racism embedded in government culture. …

The New Elections Clause, Michael T. Morley

Faculty Scholarship

No abstract provided.

Legislative Delegations And The Elections Clause, Derek T. Muller

Florida State University Law Review

No abstract provided.

Recent Development: Williams V. State: A Confession Is Voluntary Unless The Defendant Unambiguously Invokes His Constitutional Right To Remain Silent Or The Confession Is Obtained Through Coercion Or Inducement, Pascale Cadelien

University of Baltimore Law Forum

The Court of Appeals of Maryland held that “I don’t want to say nothing. I don’t know,” is an ambiguous invocation of the right to remain silent. Williams v. State, 445 Md. 452, 455, 128 A.3d 30, 32 (2015). The court reasoned that the defendant’s addition of “I don’t know” to his initial assertion “I don’t want to say nothing” created uncertainty about whether he intended to invoke his right to remain silent. Id. at 477, A.3d at 44. This allowed a reasonable officer to interpret his statement as an “ambiguous request to remain silent.” Id. Furthermore, the officers’ implication …

Recent Development: Peterson V. State: Limitations On Defense Cross-Examination Are Permitted When The Testimony Lacks A Factual Foundation, Is Overly Prejudicial, Or Has Not Been Adequately Preserved, Meghan E. Ellis

University of Baltimore Law Forum

The Court of Appeals of Maryland held that the defendant’s right to confrontation was not violated when the defense was precluded from cross-examining a witness about hallucinations and his potential sentence prior to entering into a plea agreement. Peterson v. State, 444 Md. 105, 153-54, 118 A.3d 925, 952-53 (2015). The court found that the defendant failed to preserve the issue of a witness’s expectation of benefit with respect to pending charges, and failed to show sufficient factual foundation for a cross-examination regarding the expectation. Id. at 138-39, 118 A.3d at 944. In addition, the court found that, although not …

Brief Of Amici Curiae Federal Courts Scholars And Southeastern Legal Foundation In Support Of Respondents, Kimberly S. Hermann, Ernest A. Young

Faculty Scholarship

No abstract provided.

Brief For Professor Walter Dellinger As Amicus Curiae In Support Of Petitioners, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.

Black-Box Immigration Federalism, David S. Rubenstein

Michigan Law Review

In Immigration Outside the Law, Hiroshi Motomura confronts the three hardest questions in immigration today: what to do about our undocumented population, who should decide, and by what legal process. Motomura’s treatment is characteristically visionary, analytically rich, and eminently fair to competing views. The book’s intellectual arc begins with its title: “Immigration Outside the Law.” As the narrative unfolds, however, Motomura explains that undocumented immigrants are “Americans in waiting,” with moral and legal claims to societal integration.

Town Of Greece And City Of Saguenay: Non-Establishment Principles With Or Without An Establishment Clause, 14 First Amend. L. Rev. 343 (2016), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Restore The Republic: The Incompatibility Between The Taxpayer's Bill Of Rights And The Guarantee Clause, Joshua Pens

University of Colorado Law Review

No abstract provided.

Legislative Atrophy, Jesse Panuccio

FIU Law Review

No abstract provided.

North Carolina State Board Of Dental Examiners V. Ftc: Aligning Antitrust Law With Commerce Clause Jurisprudence Through A Natural Shift Of State-Federal Balance Of Power, Marie Forney

Indiana Law Journal

The Supreme Court’s holding in North Carolina State Board of Dental Examiners v. FTC (NC Dental)1 in February 2015 demonstrates a natural shift in the balance of power from the states to the national government. As the country’s interstate and international economy has become more integrated, federal authority has likewise expanded.2 And although the federalism dichotomy has undergone periodic back-and-forth “swings” since the nation’s founding, the end result has been a net increase in federal power. NC Dental exemplifies this trend toward increasing national au-thority through the organic development of interstate commerce.

The Concept Of The Speech Platform: Walker V. Texas Division, Abner S. Greene

Faculty Scholarship

In Walker, the Court deemed Texas’ specialty license plate program government speech, and thus applied no First Amendment review to the state’s refusal to allow a Confederate battle flag specialty plate, even though the reason for the refusal was that the plate was offensive. The dissent considered this unconstitutional viewpoint discrimination in a limited public forum. This article argues that the Walker result was correct, but for the wrong reason. Government should have the power to forbid hateful or vulgar speech from limited public forums such as specialty or vanity license plates, transit ads, and after-school extracurricular activities, even though …

Practice-Driven Changes To Constitutional Structures Of Governance, James A. Gardner

Journal Articles

Among the methods of informal constitutional change, perhaps the least studied or understood is change resulting from alterations in the way governance is practiced. Such changes, typically initiated by political actors in the executive and legislative branches, is probably the most common kind of constitutional change, and is almost certainly the most common source of informal change to structural provisions. In the United States, the best known instances of practice-driven changes to constitutional structure come from the federal level – the rise of a formal party system, for example, or the dramatic twentieth-century expansion of presidential power. Yet by far …

The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby

Brooklyn Law Review

As a reaction to the Supreme Court’s historic marriage equality decision earlier this summer, many Southern state legislators opposing the trend toward LGBT-protective laws have proposed legislation that would essentially prohibit municipalities from carving out new antidiscrimination protections for the LGBT community. Conservative Senator Bart Hester spearheaded the passing of one of these “anti” antidiscrimination laws in Arkansas, and states like Texas, West Virginia, Michigan, and Oklahoma are not far behind. These “Hester-type laws” are strikingly similar to the Colorado amendment struck down by the Romer v. Evans Court 20 years ago. Both the Colorado amendment and the new wave …