Constitutional Law Commons^™

Unusual “Politics As Usual”: The 2017 Ballot Proposition Calling For A Constitutional Convention In New York, Peter J. Galie

Pace Law Review

The first task of constitutional reformers is to make the people of the state aware that they live under a constitution that, for better or worse, affects their everyday lives whether they live on in remotes sections of the Adirondacks routes in villages or a teeming megalopolis. Until this is done, the people are not likely to demand or even accept the more thoroughgoing revision so badly needed in New York.

The Amending Clause In The New York Constitution And Conventionphobia, Gerald Benjamin

Pace Law Review

The amending clause is the nineteenth of the New York State Constitution’s twenty articles. Followed only by the enacting clause, for all intents and purposes this is the document’s final word. Well, maybe not the final word. An alternative is to think of this amending clause as a part of an ongoing several-centuries-long conversation. The clause is a message from one past group of designers and drafters of New York’s governing system, the 1846 Constitutional Convention majority, to all of us who gave them the charge to “secure [for us] the blessings of freedom,” that is to “we the people” …

Hope Vs. Fear: The Debate Over A State Constitutional Convention, Henry M. Greenberg

Pace Law Review

On November 7, 2017, New Yorkers will go to their polling places and receive ballots containing a thirteen-word referendum question: “Shall there be a convention to revise the constitution and amend the same?” That question appears on the ballot because the New York State Constitution commands that at least once every twenty years voters are asked whether or not to call a constitutional convention. The mandatory referendum reflects Thomas Jefferson’s belief that every generation the people should be given a chance to revise their basic law.

Environmental Human Rights In New York’S Constitution, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

There is an environmental case to be made in favor of convening a Constitutional Convention. On the 200th anniversary birth of Henry David Thoreau, we can remember his admonition: “Live in each season as it passes; breathe the air, drink the drink, taste the fruit, and resign yourself to the influence of the earth.” What has this to do with the Constitution?

“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres

Fordham Law Review

The power to confer legal citizenship status is possessed solely by the federal government. Yet the courts and legal theorists have demonstrated that citizenship encompasses factors beyond legal status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender, or disability. Given this multidimensionality, the city, as the place where residents carry out the tasks of their daily lives, is a critical space for promoting elements of citizenship. This Note argues that recent city municipal identification-card programs have created a new form of …

Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran

Articles

In many jurisdictions, once a parent has her rights terminated to one child, the State can use that decision to justify the termination of parental rights to another child. The State can do so regardless of whether the parent is fit to parent the second child. This article explores this practice, examines its origins, and discusses its constitutional inadequacies.

Memorandum, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This legal Memorandum on the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and written by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The Memorandum is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

4 p.

"The legislative history primarily identifies two issues that SB08-200 was designed to resolve: (1) the need for dignity and access to justice for LGBT people and …

Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This Master File of the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and compiled by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The SB08-200 Master File is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

449 p.

Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Striking A Balance Between The Paramount Importance Of The Safety Of Children And Constitutionally-Imposed Limits On State Power, Lindsey Lazopoulos Friedman

University of Miami Law Review

No abstract provided.

Examining Pennsylvania Human Relations Commission V. School District Of Philadelphia: Considering How The Supreme Court’S Waning Support Of School Desegregation Affected Desegregation Efforts Based On State Law, Steven L. Nelson, Alison C. Tyler

Seattle University Law Review

This study examines the enforcement of desegregation orders mandated under state law as a result of the Supreme Court’s handling of school desegregation cases at the federal level. The Article tracks the development of school desegregation cases starting shortly before Brown v. Board of Education and continues through the recent voluntary school desegregation case, Parents Involved in Community Schools v. Seattle School District No. 1. The Article establishes four distinct generations of school desegregation cases at the federal level and determines that the political tides created, in large part, by the U.S. Supreme Court’s handling of federal school desegregation cases …

Beyond The Money: Expected (And Unexpected) Consequences Of America's War On Drugs, Cynthia Brown

Lincoln Memorial University Law Review Archive

The purpose of this paper is to provide a high-level survey of our nation’s prohibition policies within the context of the costs of the law enforcement efforts upholding those policies. The discussion will offer a cursory review of the economic expense of the war on drugs with tangential coverage of the constitutional, institutional and intangible expenses that are inseparable from an assessment of the costs of America’s drug control efforts. Part I provides a historical review of illicit drug use in the United States, while Part II supplies the evolution of the country’s efforts to codify its drug control policies. …

Newsroom: Horwitz On Panhandling Ordinances And The First Amendment 05-26-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet

Georgia State University Law Review

As demonstrated in this Note, there is still a considerable way to go before women are no longer forced to choose between pregnancy and keeping their career. Allegations of pregnancy discrimination in the workplace are also on the rise.

In 1997, 4,000 plaintiffs filed complaints with the Equal Employment Opportunity Commission (EEOC). By 2011, that number rose to 5,800. The EEOC won significant damages in pregnancy discrimination cases, demonstrating a greater tendency towards discrimination in the workplace. Additionally, this rise in claims and awards caught the attention of the nation’s media, placing new emphasis on the treatment of pregnant women …

A Promise Unfulfilled: Challenges To Georgia’S Death Penalty Statute Post-Furman, William Cody Newsome

Georgia State University Law Review

In Furman v. Georgia, the U.S. Supreme Court agreed with Furman’s counsel. Three Justices agreed that Georgia law, as applied, was arbitrary and potentially discriminatory. Moreover, one Justice challenged the value of the death penalty and doubted it served any of the alleged purposes for which it was employed.

Although many challenges subsequent to Furman have been raised and arguably resolved by the Court, the underlying challenges raised by Furman appear to remain prevalent with the Court. Justice Breyer recently echoed the concurring opinions of Furman in his dissenting opinion from Glossip v. Gross, when he stated: “In …

Rwu First Amendment Blog: Andrew Horwitz's Blog: First Amendment Protects The Right To Give And To Receive 05-23-2017, Andrew Horwitz

Law School Blogs

No abstract provided.

Can President Trump 'Open Up' The Libel Laws?, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Libel and slander are branches of the law of defamation. Defamation law authorizes remedies for reputational harm caused by some false statements of fact. A libel is a defamatory statement that is printed or written; a slander is a defamatory statement that is spoken.

During the 2016 presidential campaign, candidate Donald Trump suggested that, if elected, he would "open up our libel laws" to facilitate lawsuits by public officials against news organizations."

A Modern Look At The Right To A Civil Jury Trial Under The Maine Constitution, Carolyn A. Liegner

Maine Law Review

The right to a civil jury trial is a cornerstone of the American legal system. The Maine Constitution promises an even broader right to a civil jury trial than is offered by the federal Constitution and many other states. Article I, Section 20 states: “In all civil suits, and in all controversies concerning property, the parties shall have a right to a trial by jury, except in cases where it has heretofore been otherwise practiced.” The exception in the provision has been the subject of multiple interpretations by the Maine Supreme Judicial Court, sitting as the Law Court, since the …

The House Advantage: How The Professional And Amateur Sports Protection Act Undermines Concepts Of Federalism, And Severely Impacts New Jersey's Gambling-Feuled Economy, Anthony D'Alessandro

Seton Hall Circuit Review

No abstract provided.

The Wealth In Waste: America's Ability To Enter The Waste To Energy Market By Embracing European Landfill Diversion, Waste Framework, And Renewable Energy Laws And Waste To Energy Initiatives, Emilio Lamanna

Cardozo Journal of International and Comparative Law

The note argues that the United States should adopt European Union (EU) strategies for waste management, particularly landfill diversion and waste-to-energy (WtE) technologies, to address its significant environmental and economic challenges. The EU's success in reducing landfill use and increasing renewable energy production through directives and portfolio standards serves as a model for the U.S. The author proposes that the U.S. implement a Municipal Solid Waste (MSW) Portfolio Standard and a national Renewable Energy Portfolio Standard (RPS) to promote WtE and reduce reliance on landfills.

Indian Country Complexities And The Ambiguous State Of Marijuana Policy In The United States, Lauren Adornetto

Buffalo Law Review

No abstract provided.

Championing Children's Rights In Nevada, 2000-2015: The Thomas & Mack Juvenile Justice Clinic As Change Agent, Mary C. Berkheiser

Nevada Law Journal

No abstract provided.

A Taxonomy Of Independent Electoral Reapportionment Systems, James Ruley

Indiana Journal of Constitutional Design

This paper addresses a means of checking legislative gerrymandering, which I have called the Independent Electoral Reapportionment Commission (IERC). Its purpose is to prevent self-interested politicians from drawing biased constituency lines. While scholars have researched gerrymandering, few scholars have researched commissions designed to limit such gerrymandering, and no comprehensive work details the global means of accomplishing this goal.

Thus, the purpose of this paper is not to normatively prescribe the best practices for composing and empowering an IERC, but rather to descriptively show how different countries conduct this process. While Part II makes some determinations about which commissions may conceptually …

Law And Policy Resource Guide: A Survey Of Eminent Domain Law In Texas And The Nation, Caitlyn Ashley, Elizabeth Spencer Berthiaume, Philip Berzin, Rikki Blassingame, Stephanie Bradley Fryer, John Cox, E. Samuel Crecelius, Taylor Dennington, Tave Doty, Stacie Dowell, Cameron Frysinger, Jordan Simmons Hayes, Alexandria Hutchison, Hillary Tidwell, Michael Vinson, George Wigington, Christopher Wilkes, Lola Wilson, Shane Wright

EENRS Program Reports & Publications

Eminent Domain is the power of the government or quasi-government entities to take private or public property interests through condemnation. Eminent Domain has been a significant issue since 1879 when, in the case of Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities. Thus, the era of legal takings began.

Though an important legal dispute then, more recently eminent domain has blossomed into an enduring contentious social and political problem throughout the United States. The Fifth Amendment to the United States Constitution states, …

The Perils And Possibilities Of Refugee Federalism, Burch Elias

American University Law Review

No abstract provided.

The Middle Class, Urban Schools, And Choice, Michael Lewyn

Scholarly Works

It is common knowledge that middle- and upper-class parents tend to disfavor urban public schools, and often move to suburbs in order to avoid having to send their children to those schools. Thus, the condition of urban public schools contributes to suburban sprawl- that is, the movement of people and jobs from city to suburb.  This article discusses a variety of possible solutions to the unpopularity of urban schools among middle-class parents.  Part I of the Article suggests that this problem is a cause as well as a result of middle-class flight: that is, urban schools have poor reputations because …

Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann

Articles

This Article explores constitutional limits and regulatory openings for innovative state policies to mitigate climate change by promoting climate-friendly, renewable energy. In the absence of a comprehensive federal policy approach to climate change and clean energy, more and more states are stepping in to fill the policy void. Already, nearly thirty states have adopted renewable portfolio standards that create markets for solar, wind, and other clean electricity. To help populate these markets, a few pioneering states have recently started using feed-in tariffs that offer eligible generators above-market rates for their clean, renewable power.

But renewable portfolio standards, feed-in tariffs, and …

Sex Offender Registration In New York: The Dangers Of State Law Preemption Of Local Residency Restriction Laws And Its Implications For Communities And Sex Offenders Alike, Megan Forbes

Touro Law Review

No abstract provided.

The Stakes Are High: The Professional And Amateur Sports Protection Act Is Constitutionally Vulnerable And Reflects Bad Policy, Stephen Weinstein

Touro Law Review

No abstract provided.

Gun Rights Or Gun Control? How California's Waiting Period Law Can Pave The Way To Increased Regulation, Natasha Tran

Loyola of Los Angeles Law Review

No abstract provided.