Constitutional Law Commons^™

How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann

Michigan Journal of International Law

All societies have adopted rules in order to reconcile conflicts among the short-term interests of their citizens with their common long-term interests. All societies have learned that rule-making and rule-enforcement require government powers, as well as "checks and balances" against abuses of such powers. Constitutionalism has emerged as the most important human invention for protecting equal rights of the citizens against such abuses. It rests on the rationality of Ulysses who, when approaching the island of the sirens and knowing of their dangers, ordered his companions to bind him to the mast and not to release him under any circumstances.' …

Extradition Law At The Crossroads: The Trend Toward Extending Greater Constitutional Procedural Protections To Fugitives Fighting Extradition From The United States, Lis Wiehl

Michigan Journal of International Law

Part I of this article will describe the historical evolution of U.S. extradition law as a field parallel to, but separate from, domestic criminal procedure. Part II of this article describes the Parretti case and the Ninth Circuit's holding that the federal extradition statutory scheme of Title 18, United States Code, Section 3184, violates the Fourth Amendment to the extent that it authorizes the issuance of a provisional arrest warrant by a court without a prior evidentiary showing of probable cause to believe that the fugitive committed the crime charged abroad. Part III explores some of the implications and effects …

Justice Harry A. Blackmun: The Model Judge, Karen Nelson Moore

UC Law Constitutional Quarterly

No abstract provided.

Without A Clue And Still Without A Master Plan: Municipalities Left Uncertain How To Manage Waste Disposal Crisis In Wake Of Third Circuit Decision In Harvey & (And) Harvey, Inc. V. County Of Chester, Erik T. Koons

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Acorn V. Edwards: Did The Fifth Circuit Squirrel Away States' Tenth Amendment Rights At The Cost Of National Environmental Welfare, Kimberly C. Galligan

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Justice Charles M. Leibson And The Revival Of State Constitutional Law: A Microcosm Of A Movement, Jennifer Digiovanni

Kentucky Law Journal

No abstract provided.

Yniguez V. Arizonans For Official English: Free Speech May Have Lost The Battle, But In The End It Will Win The War, Jennifer A. Nemec

Maryland Journal of International Law

No abstract provided.

Justice Blackmun And The Good Physician: Patients, Populations, And The Paradox Of Medicine, Ann Alpers

UC Law Constitutional Quarterly

Justice Blackmun made unique contributions to law and medicine. In particular, he had a vision of the relationship between doctors and patients that respected both the professional integrity of the physician and the autonomy of the patient. Examination of several of Justice Blackmun's opinions yields a nuanced view of the complex ties between professional care givers and the patients whom they serve. In particular, the Justice valued maintaining the confidentiality of medical information, respecting the role played by allied health professionals in providing comprehensive care to patients, and ensuring that patients gave informed consent to medical care. Most important, Justice …

Constitutional Challenges To New York State's Death Penalty Statute, John M. Shields

Fordham Urban Law Journal

New York State's death penalty statute is constitutionally flawed in many respects. It violates the state and federal prohibition against cruel and unusual punishment and provides unrestricted prosecutorial discretion to pursue the death penalty. This standardless and unfettered discretion creates the risk of arbitrary or discriminatory application of capital punishment.

Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein

Touro Law Review

No abstract provided.

Double Jeopardy, Supreme Court, Appellate Division Second Department: People V. Quamina

Touro Law Review

No abstract provided.

Free Speech, Court Of Appeals: Rogers V. New York City Transit Authority

Touro Law Review

No abstract provided.

Damages For Unconstitutional Affirmative Action: An Analysis Of The Monetary Claims In Hopwood V. Texas, Richard Henry Seamon

Articles

No abstract provided.

The Sovereign Immunity Of States In Their Own Courts, Richard Henry Seamon

Articles

No abstract provided.

Foreword: The ‘Right To Marry’ In The Decisions Of The United States Supreme Court, Robert A. Destro

Scholarly Articles

Given the importance of Loving in American constitutional law, we were somewhat surprised to learn that no commemorative conferences or symposia had been planned to mark the thirtieth anniversary of the decision. We designed our conference, "Law and the Politics of Marriage: Loving v. Virginia After 30 Years," to fill that gap.

The conference was held at The Catholic University of America's Columbus School of Law, 19-21 November 1997, and was co-sponsored by three institutions, each having a unique and abiding interest in the subject matter: The Catholic University of America, the Howard University School of Law, and the J. …

A Century Lost: The End Of The Originalism Debate, Eric J. Segall

Faculty Publications By Year

Focuses on the originalism debate on the constitutional law of the United States. Contemporary debate; Analysis on the debate; Views an arguments on originalism.

What Is Outrageous Government Conduct? The Washington State Supreme Court Knows It When It Sees It: State V. Lively, Matthew V. Honeywell

Seattle University Law Review

For the first time ever, the Supreme Court of Washington in State v. Lively overturned a criminal conviction because of outrageous government conduct. This decision employed a rarely-used, and even more infrequently successful, defense to achieve an apparently just result. Indeed, courts and scholars disagree on whether the defense, based on the Due Process Clause of the U.S. Constitution, actually exists and, if it does, how it applies to the facts of a given case. The U.S. Supreme Court has neither expressly and conclusively acknowledged nor disavowed the defense and has never employed it to overturn a criminal conviction. The …

Methodology For Teaching Constitutional Law, Constance Frisby Fain

Seattle University Law Review

Teaching constitutional law concepts has become more exciting, interesting, and thorough by utilizing Barron, Dienes, McCormack, and Redish's Constitutional Law: Principles and Policy. The authors of this casebook are full professors of law who are distinguished experts in the field of constitutional law. Barron and Dienes are also coauthors of two study aid texts designed to supplement the casebook: a Nutshell Series outline and a Black Letter Series outline. These provide summaries of constitutional law intended to assist the student in recognizing and comprehending the principles and issues of law covered in this casebook and others. This Essay addresses …

Combining The Best Of Gunther And Sullivan, James Weinstein

Seattle University Law Review

In the field of casebooks, there are few classics, but Gerald Gunther's Constitutional Law has long been viewed as one of them. More than twenty years ago it was heralded in the Harvard Law Review as "the Hart and Wechsler of constitutional law." After decades of solo authorship, Gunther is joined on the 13th edition by Kathleen Sullivan, who was primarily responsible for revising (among other sections) the chapters on freedom of expression. This partnership has succeeded in improving what was already perhaps the strongest section of the book. This Review examines the organization of the free expression materials, considers …

Stone, Seidman, Sunstein & Tushnet's Constitutional Law: An Inclusive, Scholarly, And Comprehensive Constitutional Law Casebook, Sharon E. Rush

Seattle University Law Review

In reviewing Stone, Seidman, Sunstein, & Tushnet's <em>Constitutional Law</em>, the author focuses on the casebook’s exploration of race to illustrate why she uses the book, and why she finds it valuable. The outstanding qualities of the book, however, are not limited to race. It provides excellent material on just about every possible area of discrimination law, as well as on the basics of separation of powers, federalism, and First Amendment issues. Inevitably, any textbook will be of limited use to a professor who has had time to reflect on the area of the law and who has perhaps written in …

The Pedagogical Considerations Of Using A Constitutional Law Textbook In Political Science, Christopher P. Banks

Seattle University Law Review

This Review first describes the importance of each consideration by analyzing how a two-volume constitutional law casebook, written by Professor David M. O'Brien of the Woodrow Wilson Department of Government and Foreign Affairs at the University of Virginia, can be admirably employed to teach the principle that constitutional law is, in fact, politics. Overall, the volumes are excellent undergraduate political science constitutional law texts. However, the casebook volumes have two flaws. First, they do not address the vital question of "what is political science?," a query that ought to be routinely asked by anyone teaching public law courses. Second, they …

Overdue Process: Why Denial Of Physician-Prescribed Marijuana To Terminally Ill Patients Violates The United States Constitution, Matthew Segal

Seattle University Law Review

This Comment will begin with a brief history of the medical use of marijuana in western culture and the United States. It will then examine the existing federal statutory scheme governing the use of marijuana and conclude with a look at current beliefs about the medical value of marijuana. Section III will analyze previous attempts to collaterally attack the scheduling of marijuana through the courts and show why those efforts have generally failed. Section IV will perform a substantive due process analysis of William Cohen's case and submit that Mr. Cohen has a fundamental right to consult with his physician …

The Province And Duty Of The Political Departments, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler

Faculty Scholarship

Constitutional rights are conventionally thought to be "personal" rights. The successful constitutional litigant is thought to have a valid claim that some constitutional wrong has or would be been done "to her"; the case of "overbreadth," where a litigant prevails even though her own conduct is permissibly regulated, is thought to be unique to the First Amendment. This "personal" or "as-applied" view of constitutional adjudication has been consistently and pervasively endorsed by the Supreme Court, and is standardly adopted by legal scholars.

In this Article, I argue that the conventional view is incorrect. Constitutional rights, I claim, are rights against …

The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer

Faculty Scholarship

In New York v. United States, 505 U.S. 144 (1992), the Court revived "state sovereignty" as a justiciable constitutional constraint on federal mandates, and struck down portions of the Low-Level Radioactive Waste Policy Amendments Act on the grounds that the statute impermissibly "commandeered" state governments. Printz v. United States, 117 S.Ct. 2365 (1997), confirmed the anti-commandeering principle and relied upon it to invalidate elements of another federal statute, the Brady Act. This Article analyzes and criticizes the anti-commandeering jurisprudence, as it has emerged in New York, Printz, and a case decided by the Court last Term, Pennsylvania Department of Corrections …

Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler

Faculty Scholarship

No abstract provided.

Welcome To Anytown, U.S.A. - Home Of Beautiful Scenery (And A Convicted Sex Offender): Sex Offender Registration And Notification Laws In E.B. V. Verniero, David S. Dematteo

Villanova Law Review (1956 - )

No abstract provided.

Circumventing The Eleventh Amendment In The Third Circuit: College Savings Bank V. Florida Prepaid Postsecondary Education Expense Board And Related Case Law, Joseph A. Powers

Villanova Law Review (1956 - )

No abstract provided.

Discrimination, Distribution, And City Regulation Of Speech, Katheleen M. Sullivan

UC Law Constitutional Quarterly

Cities are sometimes caught in a pincer movement between the First Amendment's twin requirements: if they restrict too much speech in public places, they may violate its requirement that some minimum distribution of speech be secured, but if they try to expand opportunities for speech by exempting particular speech or speakers from general laws, they may run afoul of the ban on content discrimination. The most prudent approach to speech regulation, therefore, would appear to be flat but narrow prohibitions. For example, sales of message-bearing merchandise are better regulated by a flat peddling ban in specified areas than by one …

California And Dillon: The Times They Are A-Changing, Manuela Albuquerque

UC Law Constitutional Quarterly

The development of the law regarding California local governments and their relationship to the state reflects a dichotomy between views of local governments as vehicles of self-determination on the one hand, and as obstacles to personal freedom on the other. The author argues that Dillon's rule, which provides that a local government is a creature of the legislature and has only those powers specifically conferred upon it by the state, has been specifically abrogated in the California Constitution as to both general law and charter cities. Through an analysis of cases interpreting California Constitution Article 11 Section 7, the author …