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Full-Text Articles in Constitutional Law
Litigating The Future Of Youth’S Access To Gender-Affirming Care, Sophia Ureta-Fulan
Litigating The Future Of Youth’S Access To Gender-Affirming Care, Sophia Ureta-Fulan
UC Law Constitutional Quarterly
Youth should challenge limitations and prohibitions to their pursuit of gender-affirming care under the Americans with Disabilities Act (ADA) and the Equal Protection Clause of the Fourteenth Amendment (EPC). Executive orders in several states have severely limited or prohibited youths’ ability to pursue gender-affirming care. These legal schemes and policies restrict access to gender-affirming care in violation of the ADA and the EPC. This paper discusses the need for gender-affirming care, the policy landscape in the United States restricting youths’ access to gender-affirming, evaluates arguments to expand the ADA to include coverage of gender dysphoria, and explores potential EPC challenges …
Editor-In-Chief’S Forward, Zoë Grimaldi
Editor-In-Chief’S Forward, Zoë Grimaldi
UC Law Constitutional Quarterly
No abstract provided.
Politicians The Founders Warned You About, Neil Fulton
Politicians The Founders Warned You About, Neil Fulton
UC Law Constitutional Quarterly
Many articles have explored the Founders’ intentions regarding the constitutional text. Much less attention has focused on the Founders’ ideas regarding the traits needed of the leaders in a constitutional republic. The Constitution focuses on governing structures, many of which relate to the electoral process. The Constitution does not spell out the ideal traits of the leaders elected pursuant to those processes. Nonetheless, the Founders possessed clear views about the virtues and qualifications that ideal political leaders required. Indeed, the Founders issued warnings about certain archetypal political figures who, because of their flagrant disregard of the ideal virtues and qualifications, …
Domestic Supply (A Feminist Proposal), Jennifer Hendricks
Domestic Supply (A Feminist Proposal), Jennifer Hendricks
UC Law Constitutional Quarterly
No abstract provided.
Unprecedented: Asian Americans, Harvard, The University Of North Carolina, And The Supreme Court’S Striking Down Of Affirmative Action, Harvey Gee
UC Law Constitutional Quarterly
In response to the Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College Students for Fair Admissions, Inc., Petitioner v. University of North Carolina, et al. (“SFFA v. Harvard”),1 author Harvey Gee urges his fellow Asian Americans––the star plaintiffs in the case and depicted as the main beneficiaries of its holdings–– to fight back to preserve affirmative action. Part I explores how the Court’s approach to affirmative action changed from the emergence of the Civil Rights Movement through many of the pivotal affirmative action cases prior to the 2010s. Part II then seeks …
The Purpose And Practice Of Precedent: What The Decade Long Debate Over Stare Decisis Teaches Us About The New Roberts Court, Russell A. Miller
The Purpose And Practice Of Precedent: What The Decade Long Debate Over Stare Decisis Teaches Us About The New Roberts Court, Russell A. Miller
UC Law Constitutional Quarterly
The Supreme Court’s tectonic decision in Dobbs v. Jackson Women’s Health upended the Doctrine of Substantive Due Process by radically reinterpreting the doctrine of stare decisis. The Court’s established practice regarding stare decisis should have operated to preserve the fifty-year-old abortion jurisprudence. But we should have seen this change coming. Although there has been an intense and involved debate over the purpose and practice of precedent for generations, that debate shifted at the beginning of 2018. Four approaches to stare decisis emerged along a continuum, from complete abandonment of the doctrine and incremental erosion to modernized adherence to precedent. This …
Editor-In-Chief’S Forward, Zoë Grimaldi
Editor-In-Chief’S Forward, Zoë Grimaldi
UC Law Constitutional Quarterly
No abstract provided.
Procedural Pluralism: A Model For Enforcing Internal Administrative Law, Daniel Epstein
Procedural Pluralism: A Model For Enforcing Internal Administrative Law, Daniel Epstein
UC Law Constitutional Quarterly
Much of our federal administrative law relies upon supposedly mandatory procedures that agencies often ignore. So, can the administrative state achieve legitimacy if it is bound by laws that it rarely, if ever, complies with? New data shows that agencies simply ignore administrative procedures without recourse because compliance ultimately depends on who holds power in the administrative state––not congressionally delegated rules or procedures imposed by the President. This article refutes the prevailing assumption that, as the sole powerholder of the entire executive department, the President is responsible for the current state of administrative non-compliance and underenforcement because the President decides …
Preserving Constitutional Integrity In The Age Of Cyberwarfare: A Paper Tiger, Or Death By A Thousand Cuts?, Darren Singh
Preserving Constitutional Integrity In The Age Of Cyberwarfare: A Paper Tiger, Or Death By A Thousand Cuts?, Darren Singh
UC Law Constitutional Quarterly
The Constitution is meant to serve as a necessary constraint on unilateral Executive military actions. Today, nation-states and non-state actors can launch devastating cyberattacks on the infrastructure, economy, military, and democratic systems of the United States. These attacks do not fall within the realm of “hostile actions” necessary to constitute war. Cyberattacks from adversaries are best deterred with offensive cyberattacks of our own. The President is the best actor to superintend and direct this active defense. Neither the Constitution nor the War Powers Resolution, however, offer a framework for how the United States may respond to these threats while also …
Foreword: Fifty Years Later, An Editor Looks Back, Alan Charles Dell'ario
Foreword: Fifty Years Later, An Editor Looks Back, Alan Charles Dell'ario
UC Law Constitutional Quarterly
No abstract provided.
The Imagination Unbound: On The New Anti-Rights Trajectory Of The U.S. Supreme Court, Joshua J. Schroeder
The Imagination Unbound: On The New Anti-Rights Trajectory Of The U.S. Supreme Court, Joshua J. Schroeder
UC Law Constitutional Quarterly
In the summer of 2022, the U.S. Supreme Court overruled an individual right for the first time in Dobbs v. Jackson Women’s Health Org. The Dobbs Court also suggested that several rights-affirming decisions including Loving v. Virginia, Griswold v. Connecticut, and Obergefell v. Hodges should be systematically reviewed to similarly determine their lasting effect, if any. The idea that decades-old precedent should be systematically reviewed by the Court to decide whether it should be overruled under the new Janus v. AFSCME balancing test is uncharted territory.
Using an ad hoc balancing test to systematize the overruling of longstanding decisions is …
A Critical And Historical Analysis Of Ohio’S Post-Millennium Regression To Major-Party Monopoly, Mark R. Brown
A Critical And Historical Analysis Of Ohio’S Post-Millennium Regression To Major-Party Monopoly, Mark R. Brown
UC Law Constitutional Quarterly
No abstract provided.
Misapplication Of Inverse Condemnation Liability: A Legal Analysis Of The Application Of Inverse Condemnation Liability On Electrical Utilities, Nadra Mamou
UC Law Constitutional Quarterly
No abstract provided.
The Constitutionality Of Brain Searches, Wayne Unger
The Constitutionality Of Brain Searches, Wayne Unger
UC Law Constitutional Quarterly
If technology could read your mind and capture your thoughts as storable and processable data, would that frighten you? Recent advancements in brain-computer interfaces will likely make mind-reading a reality, and if it does, it presents the last stand or final frontier in the battle for privacy protections. It is well established that an individual must be able to retreat into their home and be free from government intrusion. But if an individual cannot retreat into their own mind free from government intrusion, then true solitude will become extinct. In a future state where braincomputer interfaces can actively decode an …
Race, Religion, And National Identity Review Of Sahar Aziz, The Racial Muslim: When Racism Quashes Religious Freedom (Uc Press, 2022), Natsu Taylor Saito
Race, Religion, And National Identity Review Of Sahar Aziz, The Racial Muslim: When Racism Quashes Religious Freedom (Uc Press, 2022), Natsu Taylor Saito
UC Law Constitutional Quarterly
No abstract provided.
Foreword, Madeline Cline
Understanding An American Paradox: An Overview Of The Racial Muslim: When Racism Quashes Religious Freedom, Spearit
UC Law Constitutional Quarterly
No abstract provided.
Racial Equality, Religious Liberty, And The Complications Of Pluralism, Rachel F. Moran
Racial Equality, Religious Liberty, And The Complications Of Pluralism, Rachel F. Moran
UC Law Constitutional Quarterly
No abstract provided.
The Long Road To Dobbs, Earl M. Maltz
The Long Road To Dobbs, Earl M. Maltz
UC Law Constitutional Quarterly
For anti-abortion activists, the recent decision in Dobbs v. Jackson Women’s Health Organization represented the culmination of a decadeslong campaign to reverse the holding of Roe v. Wade and eliminate constitutional constraints on governmental authority to limit access to abortions. In 1992, despite the fact that the Court was dominated at that time by justices who had been chosen by Presidents who were openly critical of the prochoice position, these activists had been sorely disappointed by the outcome in Planned Parenthood of Southeastern Pennsylvania v. Casey, in which a majority of the justices had reaffirmed their support for what was …
Foreword, Madeline Cline
The Constitution’S Waning Enforceability: Constitutional Torts After Egbert & Vega, Bailey D. Barnes
The Constitution’S Waning Enforceability: Constitutional Torts After Egbert & Vega, Bailey D. Barnes
UC Law Constitutional Quarterly
The 2021 term of the Supreme Court of the United States produced two opinions significantly dampening the future of constitutional tort actions, which are cases brought to remedy a government agent’s deprivation of an individual’s constitutional rights. First, in Egbert v. Boule, the Court refused to extend Bivens liability to an excessive force claim made against a United States Border Patrol Agent. Second, in Vega v. Tekoh, the Court contravened the traditional understanding of the Fifth Amendment’s Self-Incrimination Clause by preventing a § 1983 civil rights action against a sheriff’s deputy who procured an un-Mirandized statement from a criminal suspect. …
Denaturalization And The Negative Effects Of Widespread Insecurity In Citizenship For Naturalized Citizens, Saman Hashemi
Denaturalization And The Negative Effects Of Widespread Insecurity In Citizenship For Naturalized Citizens, Saman Hashemi
UC Law Constitutional Quarterly
No abstract provided.
A Candle In The Labyrinth: A Guide For Immigration Attorneys To Assert Habeas Corpus After Dhs V. Thuraissigiam, Joshua J. Schroeder
A Candle In The Labyrinth: A Guide For Immigration Attorneys To Assert Habeas Corpus After Dhs V. Thuraissigiam, Joshua J. Schroeder
UC Law Constitutional Quarterly
In the summer of 2020, immigration law seemed to become the gravitational center of presidential power. After the Supreme Court decided several immigration cases in favor of the executive department, former President Trump cited “the DACA case” to support a new constitutional theory that “[t]he Supreme Court gave the president of the United States powers that nobody thought the president had.” Accordingly, Trump began to issue presidential legislation including “an immigration plan, a health care plan, and various other plans.”
Trump also began to occupy cities that were politically opposed to his presidency with ICE and CBP agents, including BORTAC …
Lost In The Fire: Reflections On The Tulsa Race Massacre Centennial, Alina Ball
Lost In The Fire: Reflections On The Tulsa Race Massacre Centennial, Alina Ball
UC Law Constitutional Quarterly
The Tulsa Race Massacre centennial, occurring on the heels of the Movement for Black Lives and its historic national spotlight on racial inequity, provides a rare moment to be reflective about how transactional lawyering can advance racial and economic justice. This Essay examines the Greenwood District to not only explain the continuing economic disenfranchisement of people of color, but also provide transactional lawyers a case study through which they can critically examine their efforts to move beyond the rhetoric of economic development to rooting out racial violence and oppression that threatens not merely minority-owned businesses, but the lives of people …