Constitutional Law Commons^™

Procedural Rules Or Procedural Pretexts?: A Case Study Of Procedural Hurdles In Constitutional Challenges To The Texas Sodomy Law, Christopher R. Leslie

Kentucky Law Journal

No abstract provided.

Reflections On When "We, The People" Kill, 34 J. Marshall L. Rev. 713 (2001), Michael P. Seng

UIC Law Review

No abstract provided.

Punishing Thought: A Narrative Deconstructing The Interpretive Dance Of Hate Crime Legislation, 35 J. Marshall L. Rev. 123 (2001), Anne B. Ryan

UIC Law Review

No abstract provided.

The Fourth Amendment And New Technologies: The Constitutionality Of Thermal Imaging, Jeffrey P. Campisi

Villanova Law Review (1956 - )

No abstract provided.

Foreign Affairs Federalism And The Separation Of Powers, John C. Yoo

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law: State Campaign Contribution Limits: Nixon V. Shrink Missouri Government Pac: An Abridgment Of Freedom In The Name Of Democracy, Richard J. Baker

Oklahoma Law Review

No abstract provided.

Valentine V. On Target, Inc.: It Is Time To Hold Gun Dealers Accountable For The Negligent Storage Of Firearms, Michael T. Pedone

Maryland Law Review

No abstract provided.

An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan

Scholarly Publications

Compared to Fourth Amendment jurisprudence more generally, with its well-earned reputation for complexity and variability, the search incident to arrest exception to the Amendment's warrant requirement would appear an oasis of consistency. The exception affords police an unqualified right to search anyone they arrest, without first obtaining a search warrant from a neutral judicial official. This right extends to the bodies of all arrestees, their area of "immediate control," and, if driving a car, the interior of the car and any containers located therein

Judicial Supermajorities And The Validity Of Statutes: How Mapp Became A Fourth Amendment Landmark Instead Of A First Amendment Footnote, Jonathan L. Entin

Faculty Publications

No abstract provided.

Grave Secrets: Ethical And Legal Analysis Of Postmortem Confidentiality, Jessica Wilen Berg

Faculty Publications

*A young man finds a letter from his recently deceased's mother's therapist and calls the psychologist to get information about whether his mother sought counseling because of difficulties in their relationship. The therapist reassures the son that his mother came for help in dealing with her terminal illness.

*A now-adult child sues her deceased father's physician for failing to warn her that her father's death when she was 10 years old was due to colon cancer, a potentially inheritable disease.

*Following the death of Linda McCartney, a number of newspapers reporters, suspecting physician-assisted suicide, demanded access to her death certificate …

Injury Without Harm: Texas V. Lesage And The Strange World Of Article Iii Injuries, Ashutosh Bhagwat

UC Law Constitutional Quarterly

In Texas v. Lesage the Supreme Court held, in a unanimous, per curiam opinion, that a plaintiff denied admission at a state university whose admissions process make unconstitutional use of race may not recover monetary damages under 42 U.S.C. §1983 if the defendant school can demonstrate that the plaintiff would have been denied admission even if race had not been used as a criterion. Elsewhere in the opinion, however, the Court indicated that such a plaintiff is entitled to injunctive relief because the relevant injury in that situation is "the inability to compete on equal footing." The latter holding builds …

Free Speech For Lawyers, W. Bradley Wendel

UC Law Constitutional Quarterly

The application of First Amendment doctrine to cases involving expressive liberties of lawyers and judges has been remarkably inconsistent. Courts are split on such fundamental issues as whether lawyers' speech should be considered core political expression or some other category of speech with diminished constitutional protection; whether lawyers give up some of their expressive freedoms upon becoming members of the bar; and whether government interests such as maintaining the public's respect for lawyers are sufficient bases for restricting speech. This Article considers how constitutional principles such as the principle of content- and viewpoint-neutrality, the distinction between speech and conduct, the …

United States V. Emerson And The Second Amendment, Wade Maxwell Rhyne

UC Law Constitutional Quarterly

This Note analyzes the district court decision in United States v. Emerson and compares the two competing theories of the Second Amendment: the states' rights and individual rights theories. The Note constitutionally examines these competing theories historically, textually, doctrinally, prudentially, and structurally. The Note then proposes a level of scrutiny and subsequent test for the government's curtailment of any individual right that may exist in the Second Amendment. It is an effort to define the outer boundaries of the permissible limits which may be placed on gun ownership.

Irrational Prejudice: The Military's Exclusion Of Gay, Lesbian, And Bisexual Service Members After Romer V. Evans, Huong Thien Nguyen

UC Law Constitutional Quarterly

On the brink of the new millennium, the European Court of Human Rights, with jurisdiction over 40 countries, representing about 800 million people, declared that Britain must allow gays, lesbians, and bisexuals to serve openly in its military. In the wake of this decision, the United States, however, has remained steadfast and undeterred in implementing the "Don't Ask, Don't Tell" Policy, the military ban on gays. The United States Supreme Court has not spoken on the Policy, and no federal circuit court has found it unconstitutional. In particular, equal protection challenges have failed as a result of the circuit courts' …

Supreme Court Voting Behavior: 1999 Term, Richard G. Wilkins, Scott Worthington, Rachelle Fleming, Matthew Fleming

UC Law Constitutional Quarterly

This Study, the fourteenth in a series, tabulates and analyzes the voting behavior of the United States Supreme Court during the 1999 Term. The analysis is designed to determine whether individual Justices and the Court as a whole are voting more "conservatively," more "liberally," or about the same as compared with past Terms. This Term's survey suggests a reversal of the Court's liberal trend over the past two Terms, with conservative movement in six of the ten categories. Specifically, the Court's support of statutory civil rights claims plummeted to an all time low, while the Court exhibited a dramatic conservative …

The Tensions Between Integration And School Reform, John A. Powell

UC Law Constitutional Quarterly

It is widely recognized that the purpose of education is not merely to develop in students a narrow set of skills. Rather, education should prepare all students to assume roles in actively shaping our democracy. Racial segregation and economic isolation in schools prevent the attainment of full and meaningful citizenship rights for students of color and low-income students in that they deny fair access to educational opportunities and other structures crucial to democratic participation. These forces also undermine our striving for a truly inclusive and participatory society. Many currently popular school reform measures promise benefits in terms of student outcomes …

Return To Neighborhood Schools, Concentrated Poverty, And Educational Opportunity: An Agenda For Reform, Patrick James Mcquillan, Kerry Suzanne Englert

UC Law Constitutional Quarterly

Throughout the US, school systems that once faced federally-mandated desegregation plans have been declared "unitary" - that is, courts ruled that these districts have removed any vestiges of overt segregation and therefore need not adhere to previous integration mandates. In Denver, Colorado, after busing students for over 20 years, federal courts declared the city school system unitary in 1996. In Denver the return to neighborhood schools has meant a concurrent return to more racially segregated schools. Given the strong correlation between race/ethnicity and socioeconomic status in US urban centers, the return to neighborhood schools has created conditions of concentrated poverty …

Sexually Explicit Speech, Jerrold J. Kippen

UC Law Constitutional Quarterly

Despite the title, this Note does not attempt to articulate a defense of sexually explicit speech. Rather, the effort here is to expose current inconsistencies in First Amendment speech doctrine and to argue that those inconsistencies are the result of the excessive, if not wholly improper, weight given to majoritarian morality when evaluating the regulation of non-obscence sexually explicit speech. Thus, this Note will argue that the Supreme Court's treatment of non-obscene sexually explicit speech in the form of licensing, zoning and nudity regulations has weakened the scrutiny applied to all speech regulations. The Note concludes that, because the assesment …

Women Do Not Report The Violence They Suffer: Violence Against Women And The State Action Doctrine, Michelle J. Anderson

Villanova Law Review (1956 - )

No abstract provided.

Putting The Safeguards Back Into The Political Safeguards Of Federalism, Lynn A. Baker

Villanova Law Review (1956 - )

No abstract provided.

The Foreign Affairs Of Federal Systems: A National Perspective On The Benefits Of State Participation, Daniel Halberstam

Villanova Law Review (1956 - )

No abstract provided.

Why Federalism Must Be Enforced: A Response To Professor Kramer, Marci A. Hamilton

Villanova Law Review (1956 - )

No abstract provided.

Does Commerce Clause Review Have Perverse Effects, Adrian Vermeule

Villanova Law Review (1956 - )

No abstract provided.

The Proper Role Of Religion In The Public Schools: Equal Access Instead Of Official Indoctrination, James L. Underwood

Villanova Law Review (1956 - )

No abstract provided.

The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora

Faculty Scholarship

No abstract provided.

Challenges Facing State Constitutions In The Twenty-First Century, 62 La. L. Rev. 17 (2001), Ann Lousin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Bare Naked Value Choice, Harry F. Tepker

Faculty Articles

No abstract provided.

Clothes For The Emperor, Katheleen Guzman

Faculty Articles

No abstract provided.

Foreword, Thomas A. Eaton

Georgia Law Review

It has long been accepted that deterrence and vindication are two of the primary purposes of the body of law we know as "constitutional torts." Justices of every ideological stripe have acknowledged deterrence and vindication as the legitimate objectives of suits against governments and government officials who violate a person's constitutional rights. Justices with philosophies as divergent as Brennan's and Scalia's agree that civil rights actions serve an essential vindicatory function.' Justices Breyer, O'Connor, Blackmun, White, Marshall, and Powell have authored opinions that embrace the deterrent effect of such actions. The acceptance of deterrence and vindication as the twin goals …

Section 1983, The First Amendment, And Public Employee Speech: Shaping The Right To Fit The Remedy (And Vice Versa), Michael L. Wells

Georgia Law Review

Constitutional rights have little value in the absence of effective remedies for their violation, includingsuitsfor damages to redress past constitutional wrongs and for injunctive relief to prevent continuing and future violations. Recognizing this, the Supreme Court has, especially over the past forty years, constructed an elaborate body of remedial doctrine. The Court has often acted on the premise that the remedial law should be more or less the same across the whole range of constitutional rights. The problem with this approach is that, from a remedial perspective, there are differences among the real world contexts in which constitutional violations occur. …