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Articles 1 - 30 of 596
Full-Text Articles in Constitutional Law
Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge
Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Drawing A Line In The Mud: The Fifth Circuit's Narrow Reading Of Louisiana's Infrastructure Trespass Statute In White Hat V. Murrill, Andrew J. Lloyd
Drawing A Line In The Mud: The Fifth Circuit's Narrow Reading Of Louisiana's Infrastructure Trespass Statute In White Hat V. Murrill, Andrew J. Lloyd
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Reining In The Private Nondelegation Doctrine: Examining The Constitutionality Of The Horseracing Integrity And Safety Act In Light Of Fcc V. Consumers' Research, Kathryn Dorans
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
A Legal Comedy Of Errors: Foia’S Judicial Drama Over Who Controls The Oversight Script, Caroline Savini
A Legal Comedy Of Errors: Foia’S Judicial Drama Over Who Controls The Oversight Script, Caroline Savini
Villanova Law Review (1956 - )
No abstract provided.
Lessons From Eugenics: Safeguarding Autonomy In Procreation, Claire Bass
Lessons From Eugenics: Safeguarding Autonomy In Procreation, Claire Bass
Villanova Law Review (1956 - )
No abstract provided.
The Great Depression And Canada's Major Originalist Decade, Preston Jordan Lim
The Great Depression And Canada's Major Originalist Decade, Preston Jordan Lim
Faculty Publications
Few periods of Canadian history have been as momentous or terrible as the Great Depression. The Dominion and provincial governments’ inability to combat financial and environmental catastrophe led many Canadians to openly question the appropriateness of their constitutional framework. As legal historians have since documented, many leading jurists of the time believed that a strong central government could, through the institution of national programs, contain the Great Depression; in the eyes of these 1930s jurists, the Judicial Committee of the Privy Council—then Canada’s apex court—had sapped the federal government of its powers by misinterpreting the British North America Act, 1867 …
The Judicial Police Power, Alice Ristroph
The Judicial Police Power, Alice Ristroph
Villanova Law Review (1956 - )
No abstract provided.
Species Of State Constitutional Lockstepping, Michael L. Smith
Species Of State Constitutional Lockstepping, Michael L. Smith
Villanova Law Review (1956 - )
No abstract provided.
Constructive Falsity, Legal Truth, And The Public Interest In Not Reporting On Expunged Records, Itay Ravid
Constructive Falsity, Legal Truth, And The Public Interest In Not Reporting On Expunged Records, Itay Ravid
Villanova Law Review (1956 - )
No abstract provided.
2025 Martin Luther King, Jr. Keynote Lecture, Madiba Dennie
2025 Martin Luther King, Jr. Keynote Lecture, Madiba Dennie
Villanova Law Review (1956 - )
No abstract provided.
Press Freedom As A First Amendment Paradigm, Gregory P. Magarian
Press Freedom As A First Amendment Paradigm, Gregory P. Magarian
Villanova Law Review (1956 - )
No abstract provided.
The Press, Privacy, Expungement, And Second Chances: Shifting The Paradigm, Brian M. Murray
The Press, Privacy, Expungement, And Second Chances: Shifting The Paradigm, Brian M. Murray
Villanova Law Review (1956 - )
No abstract provided.
Using State Sentencing Enhancements To Protect Journalists From Physical Assault, Anthony L. Fargo
Using State Sentencing Enhancements To Protect Journalists From Physical Assault, Anthony L. Fargo
Villanova Law Review (1956 - )
No abstract provided.
The View From The Bar: How Media Lawyers Perceive Their Work, Jonathan Peters, Skylar Bandoly
The View From The Bar: How Media Lawyers Perceive Their Work, Jonathan Peters, Skylar Bandoly
Villanova Law Review (1956 - )
No abstract provided.
Rethinking Ubuntu Philosophy In Nigeria's Environmental Law: A Pathway To Sustainable Plastic Pollution Regulation, Ndubuisi Augustine Nwafor
Rethinking Ubuntu Philosophy In Nigeria's Environmental Law: A Pathway To Sustainable Plastic Pollution Regulation, Ndubuisi Augustine Nwafor
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Sea Changes In Sue-And-Settle Policy: The Tides Of Transparency And Expediency, Evan B. Fitzgerald
Sea Changes In Sue-And-Settle Policy: The Tides Of Transparency And Expediency, Evan B. Fitzgerald
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Checkmate Or Stalemate: The Epa, California, And The Future Of Waivers Under The Clean Air Act, William B. Gale
Checkmate Or Stalemate: The Epa, California, And The Future Of Waivers Under The Clean Air Act, William B. Gale
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Making A Martyr: The Inequity Of The Necessity Doctrine’S Application To The Fifth Amendment’S Takings Clause, Max Abrams
Villanova Law Review (1956 - )
No abstract provided.
Insider Trading & Unconstitutionally Compelled Speech, Steven J. Cleveland
Insider Trading & Unconstitutionally Compelled Speech, Steven J. Cleveland
Villanova Law Review (1956 - )
No abstract provided.
Can’T Blaine A State For Trying: Writing A Constitutional Blaine Amendment After Carson V. Makin, Ry Stratton
Can’T Blaine A State For Trying: Writing A Constitutional Blaine Amendment After Carson V. Makin, Ry Stratton
Villanova Law Review (1956 - )
No abstract provided.
Missing Children Discrimination, Itay Ravid, Tanisha Brown
Missing Children Discrimination, Itay Ravid, Tanisha Brown
Faculty Publications
The problem of missing children in America—many of whom are victims of crime—has haunted society for decades. In response, a range of laws and policies have emerged, culminating in the nationwide adoption of the AMBER Alert system in the early 2000s. While often hailed as a success, this Article reveals a sad truth: Not all children benefit equally from AMBER. In particular, missing Black children are systematically underserved by the system, which ultimately contributes to the disproportionate impact of the missing children crisis on Black communities. While this issue received limited scholarly attention, states have recently started recognizing it. In …
Two Wrongs Don't Make A Right: The Fourth Circuit Sidesteps Supreme Court Precedent In Upholding An Assault Weapon Ban In Bianchi V. Brown, Gabriella Mudd
Two Wrongs Don't Make A Right: The Fourth Circuit Sidesteps Supreme Court Precedent In Upholding An Assault Weapon Ban In Bianchi V. Brown, Gabriella Mudd
Villanova Law Review (1956 - )
No abstract provided.
The Benefits Of The Fourth Amendment’S Property-Rights Baseline, Nicholas A. Kahn-Fogel
The Benefits Of The Fourth Amendment’S Property-Rights Baseline, Nicholas A. Kahn-Fogel
Villanova Law Review (1956 - )
No abstract provided.
Taking The Road Less Traveled Makes All The Difference: The Tenth Circuit Applies The Collateral Order Doctrine Narrowly—And Properly—In Coomer V. Make Your Life Epic Llc, Paul Cooke
Villanova Law Review (1956 - )
No abstract provided.
A Monumental Tug Of War: The Clash Over Presidential Authority And National Monuments In Murphy Co. V. Biden, Benjamin S. Levy
A Monumental Tug Of War: The Clash Over Presidential Authority And National Monuments In Murphy Co. V. Biden, Benjamin S. Levy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Nourishing The Living Tree: Vincent Macdonald And His Constitutional Thought, Preston Jordan Lim
Nourishing The Living Tree: Vincent Macdonald And His Constitutional Thought, Preston Jordan Lim
Faculty Publications
Since the enactment of the Canadian Charter of Rights and Freedoms, Canadian judges have increasingly approached the Constitution through a living constitutionalist lens, adapting the Constitution to contemporary realities and treating the text as but one interpretive modality alongside purpose and context. The Supreme Court has rooted this living constitutionalism in the Judicial Committee of the Privy Council’s judgment, Edwards v Attorney General of Canada, wherein Lord Sankey introduced the metaphor of the “living tree.” Justice Robert Sharpe and Professor Patricia McMahon have suggested that the “living tree metaphor remained a forgotten footnote until 1982.” Indeed, more formalist approaches towards …
The Imposition Of Constitutional Rights, Alvin Padilla-Babilonia
The Imposition Of Constitutional Rights, Alvin Padilla-Babilonia
Faculty Publications
One of the central principles of constitutionalism is that citizenship stands for equal rights under the law. According to this ideal, a U.S. citizen living in Puerto Rico or Guam should have the same constitutional rights as a citizen living on the mainland. However, throughout U.S. history, constitutional rights have been neither uniform nor centralized. While constitutional rights held im- portance, they coexisted with ideals of democratic self-governance and legal pluralism. Today, Supreme Court justices and legal scholars argue that all constitutional rights should apply in the territories. This view upholds citizenship, equal rights, and the rule of law. But …
Crashing The Party: How Textualism And Legislative History Can Work Together, John Cannan
Crashing The Party: How Textualism And Legislative History Can Work Together, John Cannan
Faculty Publications
Textualists must moderate their distaste for legislative history and acknowledge the role of congressional sources in statutory interpretation—even those they themselves approve of. Doing so would enhance their statutory analyses. Decisions arising from 2016 litigation by hospitals against the U.S. Department of Health and Human Services, culminating in Azar v. Allina Health Servs., 139 S. Ct. 1804, 204 L. Ed. 2d 139 (2019), demonstrate how textualist inflexibility can undermine their own principles. For example, notable advocates of that interpretive school—then-Judge Brett Kavanaugh and Justice Neil Gorsuch—overlooked statutory text, which they so highly prize, in reaching their determinations. Textualists often describe …
Get Your Act Together: The Alternative Fines Act In Federal Prosecutions Of Corporate Environmental Crimes, Josiah B. Harmar
Get Your Act Together: The Alternative Fines Act In Federal Prosecutions Of Corporate Environmental Crimes, Josiah B. Harmar
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The Military's Constitutional Role, Brenner M. Fissell
The Military's Constitutional Role, Brenner M. Fissell
Faculty Publications
A basic principle of the American constitutional order is that civilian authority must be supreme over that of the military. The violation of this principle by the British was one of the grievances enumerated in the Declaration of Independence, and the Framers responded with a Constitution that made military rule impossible. But why is so-called “civilian control” of the military so important? This deep normative question has yet to be thoroughly answered by scholars, most of who assume it away as a given. This Article takes up that task, using contemporary political theory to defend the principle of civilian control. …