Constitutional Law Commons^™

Search And Seizure, Supreme Court, Queens County: People V. Brewer

Touro Law Review

No abstract provided.

Self-Incrimination, Supreme Court, Appellate Division, Fourth Department: People V. Hall

Touro Law Review

No abstract provided.

Self-Incrimination, Supreme Court, Bronx County: Seabrook V. Johnson

Touro Law Review

No abstract provided.

Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman

Touro Law Review

No abstract provided.

The Alien-Citizen Paradox And Other Consequences Of U.S. Colonialism, Ediberto Román

Faculty Publications

This Article examines the United States' 100-year-old failed promise. In addition to detailing the unequal citizenship status of the people of Puerto Rico, this Article examines the role that racial and ethnic-based prejudice has played in this issue. 34 Essentially, this Article seeks to compare the traditional legal and political rhetoric of American inclusiveness and the virtues of U.S. citizenship to the reality of colonialism and the impact white supremacy has had on U.S. colonial history. By addressing the subordinated status of "aliencitizens," this Article illustrates the incompatibility of equality under colonialism. As Congress addresses the question of Puerto Rico's …

What’S Good For General Motors: Corporate Speech And The Theory Of Free Expression, Howard M. Wasserman

Faculty Publications

No abstract provided.

The Supreme Constitutional Court Of Egypt: Al-Makama Al-Dusturiyya Al-'Ulya, Enid Hill

Faculty Book Chapters

The second of two issues, this volume covers aspects of Egyptian society. Contributors include: Donald Cole, Soraya Altorki, Asef Bayat, Eric Denis, Enid Hill, Ziad Bahaeddin, Malak Rouchdy, Linda Herrera, Jim Napoli, Hussein Amin, Mahmoud al-Lozy, Cynthia Nelson, and Shahnaz Rouse.

Justice Harry A. Blackmun And The Responsibility Of Judging, Diane P. Wood

UC Law Constitutional Quarterly

No abstract provided.

Some Questions And Answers Concerning Justice Blackmun In Federalism And Separation Of Powers Cases, Vikram David Amar

UC Law Constitutional Quarterly

In this short article, Professor Amar analyzes some of Justice Blackmun's intellectual contributions in the fields of federalism and separation of powers. Professor Amar praises Justice Blackmun for asking the right kinds of questions regarding the interaction between governmental institutions in political processes. Professor Amar does, however, express some misgivings about the way these questions have been answered by the Court.

Constitutional Fidelity And The Commerce Clause: A Reply To Professor Ackerman, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

Can the Constitution be legitimately, albeit implicitly, amended by the Supreme Court? The possibility of implicit constitutional amendment - most forcefully advocated by Professor Bruce Ackerman as "transformative" Supreme Court decisions - has been articulated to justify, legitimate, and entrench various radical reinterpretations of the Constitution, most notably the New Deal Court's vast expansion of the power to regulate commerce. The article concludes that such implicit constitutional amendments are theoretically illegitimate and provide strong disincentives for "We the People" to become politically active in order to "correct" flaws in the original Constitution or interpretations thereof that are deemed no longer …

Justice Blackmun's Capital Punishment Jurisprudence, Malcolm L. Stewart

UC Law Constitutional Quarterly

Until his final term on the United States Supreme Court, Justice Blackmun adhered to the view that the Constitution permits the imposition of capital punishment, even though he expressed personal opposition to its use. In Callins v. Collins, however, Justice Blackmun took the position that the death penalty, as currently administered, is unconstitutional. This article traces the development of Justice Blackmun's capital punishment jurisprudence over the course of the Justice's tenure on the Court.

In early cases involving broad, systematic challenges to state capital sentencing regimes, Justice Blackmun consistently showed broad deference to legislative decisions regarding the proper administration of …

Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports

UC Law Constitutional Quarterly

Much has been made of Justice Blackmun's supposed transformation from a "Minnesota TWin" following in the footsteps of Chief Justice Burger to a member of the Supreme Court's liberal wing aligned with Justices Brennan and Marshall. The Justice was appointed at a time when crime control was a major concern both for the American people and for President Nixon, who had pledged to put "law and order" judges on the Supreme Court. Moreover, the Justice's years on the Court coincided with a retreat from a number of the Warren Court precedents that had broadened the constitutional rights afforded criminal defendants. …

The Egyptian Legal System Over Twenty Years: Overview And Assesment, Ziad Bahaa-Eldin

Faculty Book Chapters

The second of two issues, this volume covers aspects of Egyptian society. Contributors include: Donald Cole, Soraya Altorki, Asef Bayat, Eric Denis, Enid Hill, Ziad Bahaeddin, Malak Rouchdy, Linda Herrera, Jim Napoli, Hussein Amin, Mahmoud al-Lozy, Cynthia Nelson, and Shahnaz Rouse.

Justice Blackmun's Federal Tax Jurisprudence, Robert A. Green

UC Law Constitutional Quarterly

During his tenure on the Supreme Court, Justice Blackmun was widely regarded as the Court's authority on tax matters. Justice Blackmun viewed tax law not merely as a technical specialty, but as a microcosm of the legal system. His numerous tax opinions involve a wide range of issues of constitutional law, criminal law, administrative procedure, court procedure, and statutory interpretation. This Article begins by discussing two of Justice Blackmun's tax opinions involving constitutional issues. Justice Blackmun refused to create special constitutional rules for tax cases. Instead, he applied generally applicable principles, but with great sensitivity to how those principles would …

The Author Of Roe, Radhika Rao

UC Law Constitutional Quarterly

In her commentary, Professor Radhika Rao focuses upon Justice Blackmun's landmark opinion in Roe v. Wade, exploring the ways in which the Justice shaped and was in turn shaped by the abortion conflict. After describing Roe, she sets forth and responds to a wide range of criticisms of the decision. She then turns her attention to several other abortion and privacy cases, drawing some general insights into Justice Blackmun's jurisprudence. She highlights Justice Blackmun's concern for factual context and his compassion for the real people behind the cases he decided. Professor Rao connects these qualities with Justice Blackmun's opinion in …

Intuition And Science In The Race Jurisprudence Of Justice Blackmun, Deborah C. Malamud

UC Law Constitutional Quarterly

In the field of race, Justice Harry A. Blackmun is most known for the stirring language in his opinions in Bakke and Weber in the late 1970s and Croson and Wards Cove in the late 1980s. After explaining why no race jurisprudence is made up of stirring language alone, Professor Malamud explores the development of Justice Blackmun's race jurisprudence from his years on the United States Court of Appeals for the Eighth Circuit to his final term on the Court. She paints a picture of a judge who did not always trust his own intuition in race cases, and who …

Differentiating Regulation Of Public And Private Institutions: A Preliminary Inquiry, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

Twenty years ago, James Q. Wilson and Patricia Rachal argued that government cannot regulate itself. In an era of revived federalism, increased reliance on contractors, and proliferation of quasi-public organizations, the importance of government self-regulation is greater than ever. This paper tests an underlying assumption of Wilson and Rachal's claim: that regulation of public and private organizations can be differentiated. Employing a meta-research design, this pilot study uses existing regulatory case studies to create "regulatory relationship profiles" for public and private organizations. These profiles include information on the structure of the regulator, the intent of the regulation, the enforcement tools …

Deference In The Judicial Resolution Of Intrachurch Disputes: The Lesser Of Two Constitutional Evils, Nathan C. Belzer

St. Thomas Law Review

In the course of its century long struggle to balance the ideals of the Free Exercise and Establishment clauses with the need for judicial intervention in the resolution of intrachurch disputes, the Supreme Court has fashioned two jurisprudential approaches. The deference approach, first enunciated by the court in Watson v. Jones and given modern approval in Serbian Eastern Orthodox Diocese v. Milivojevich, mandates that civil courts defer to the result reached by the highest authority within the church or religious association in which the dispute arose. 9 In contrast, the neutral principles approach, first suggested in Presbyterian Church v. Hull …

Notes On Notes, Margaret G. Stewart

Seattle University Law Review

The author’s search for a text which emphasized the underlying and continual concerns that the roles of judicial review and federalism present whenever the Court is asked to justify or reject majoritarian decisions led her to adopt Stone, Seidman, Sunstein, and Tushnet’s Constitutional Law. Having used it for at least five years, she remains convinced that it does an excellent job in a difficult field. The Stone, Seidman, Sunstein, and Tushnet casebook seems to have found a workable mix of past and present political and judicial landscape. For the most part, it utilizes a chronological approach in its separate …

Which Constitution? Eleven Years Of Gunwall In Washington State, Hugh D. Spitzer

Seattle University Law Review

This Article studies the problem of choosing constitutions-particularly the choice between applying the national Bill of Rights or a state constitution's declaration of rights. Many others have presented arguments for and against the independent application of a state's rights guarantees' or have classified and analyzed the various theories of state constitutionalism in the shadow of the United States Supreme Court. This examination focuses on practice rather than theory: specifically, how the Washington State Supreme Court has applied its formal doctrine on the role of the State's Declaration of Rights' and how that court has characterized and applied six criteria it …

Human Rights Of Women In Central And Eastern Europe, Julie Mertus

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Same-Sex Sexual Harassment After Oncale V. Sundowner Offshore Services, Inc.:Overcoming The History Of Judicial Discrimination In Light Of The "Common Sense" Standard, Jennifer J. Ator

American University Journal of Gender, Social Policy & the Law

No abstract provided.

"Constitutionalism" : The White Man's Ghost Dance, 31 J. Marshall L. Rev. 513 (1998), Robert C. Black

UIC Law Review

No abstract provided.

Without Justification: Misplaced Reliance On United Nations Security Council Resolutions For Presidential War Making, 31 J. Marshall L. Rev. 583 (1998), Timothy D. A. O'Hara

UIC Law Review

No abstract provided.

Ruth Bader Ginsburg: Extending The Constitution, 32 J. Marshall L. Rev. 197 (1998), Amy Walsh

UIC Law Review

No abstract provided.

Passenger Profiling: A Greater Terror Than Terrorism Itself, 32 J. Marshall L. Rev. 167 (1998), Donna Smith

UIC Law Review

No abstract provided.

Plugging The Bullet Holes In U.S. Gun Law: An Ammunition-Based Proposal For Tightening Gun Control, 32 J. Marshall L. Rev. 1 (1998), Brendan J. Healey

UIC Law Review

No abstract provided.

Control Freaks, John H. Garvey

Scholarly Articles

Last year, in Washington v. Glucksberg, the Supreme Court decided that the Constitution does not afford us a right to commit assisted suicide. I endorse this conclusion. I might less modestly say that it endorses me, for the Court's understanding of freedom is similar to the one I propose in What Are Freedoms For?, and the theory it rejects is the one I am most concerned to combat.

Mandatory Hiv Testing Of Professional Boxers: An Unconstitutional Effort To Regulate A Sport That Needs To Be Regulated, Raymond C. O'Brien, Michael T. Flannery

Scholarly Articles

No abstract provided.

Natural Law, Homosexual Conduct, And The Public Policy Exception, Raymond B. Marcin

Scholarly Articles

The specific focus of this conference is on the problems posed by the imminent recognition of homosexual marriages in one or more jurisdictions. The question posed by the "laws of nature" exception to the inter-jurisdictional marriage recognition principle is whether legally endorsed homosexual marriages, involving (as they must) societal approval and endorsement of homosexual conduct, are contrary to natural law. This paper will explore the classic natural law theory of Saint Thomas Aquinas and the reasons why that theory condemns homosexual conduct as being contrary to the law of nature.