Constitutional Law Commons^™

Trying To Fit An Oval Shaped Island Into A Square Constitution: Arguments For Puerto Rican Statehood, Jose D. Roman

Fordham Urban Law Journal

This Comment focuses on the limits placed on Puerto Rico under the United States Constitution and concludes that Puerto Rico must become the 51st state to improve its status under the Constitution. It explores Puerto Rico's relationship with the United States and its unusual position under the Constitution. This Comment then examines the voting rights issues facing Puerto Ricans, including a First Circuit case which denied Puerto Ricans the right to vote in presidential elections. The Comment concludes that this case was correctly decided and the Supreme Court, in other decisions, has only recognized a limited right to vote under …

September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs

Fordham Urban Law Journal

This Comment examines how the United States should react to the threat of domestic terrorism while maintaining citizens' civil liberties in the wake of the events on September 11, 2001. The Comment first compares and contrasts three classic theories of democracy: constitutional democracy, representative democracy and deliberative democracy. It next describes how representative and constitutional democracy were applied during the Japanese internment during World War II. Part III compares the Japanese internment to the challenges after the September 11 attacks and analyzes the roles different branches should have in protecting civil liberties. Finally, the Comment recommends applying a theory of …

One Man's Trash Is Another Man's Treasure, Bioprospecting: Protecting The Rights And Interests Of Human Donors Of Genetic Material, Anne Nichols Hill

Journal of Health Care Law and Policy

No abstract provided.

The Significance Of Border Crossings: Lopez, Morrison And The Fate Of Congressional Power To Regulate Goods, And Transactions Connected With Them, Based On Prior Passage Through Interstate Commerce, Gordon G. Young

Maryland Law Review

No abstract provided.

The Legality And Constitutionality Of The President's Authority To Initiate An Invasion Of Iraq, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

...A Rendezvous With Kreplach: Putting The New Deal Court In Context, Richard D. Friedman

Reviews

The Supreme Court of the New Deal era continues to captivate lawyers and historians. Constitutional jurisprudence changed rapidly during the period. Moreover, some of the most significant changes seemed--whatever the reality--to result from pressure imposed in 1937 by President Franklin Roosevelt's plan to pack the Court. The structure of constitutional law that emerged within a few years of Roosevelt's death remains intact in significant respects today.

Security Vs. Personal Freedom: America's Challenge In The War On Terrorism, Raymond B. Marcin

Scholarly Articles

No abstract provided.

Shoot First, Talk Later: Blowing Holes In Freedom Of Speech, Jacqueline Tresl

Animal Law Review

Ms. Tresl examines the constitutionality of hunter harassment laws. When a five-step doctrinal analysis is applied to hunter harassment statutes, it is clear that the statutes are content-based and subject to the strictest of scrutiny. Because the statutes fail the strict scrutiny test, they therefore violate the American citizenry’s First Amendment right to free expression.

Zoning Churches: Washington State Constitutional Limitations On The Application Of Land Use Regulations To Religious Buildings, Darren E. Carnell

Seattle University Law Review

This Article traces a path to various land use regulatory approaches that should survive scrutiny under the Washington State Constitution. Part I outlines the legal history of challenges to the application of zoning regulations to church buildings; Part I also describes the contexts in which such disputes presently arise. Part II introduces the Washington State Constitution's provision regarding the free exercise of religion and describes the limited body of case law that has applied this provision in the land use context. Part III considers the role of federal case law in interpreting the free exercise clause of the Washington State …

Religious Land Use Jurisprudence: The Negative Ramifications For Religious Activities In Washington After Open Door Baptist Church V. Clark County, Beth Prieve

Seattle University Law Review

Part II of this Note provides a history of religious land use jurisprudence in Washington. This part addresses growth management laws generally, and where these laws cross paths with constitutional guarantees of the free exercise of religion. Part III focuses on the Washington Supreme Court's Open Door decision, separately addressing both the majority opinion and the dissent. Part IV illustrates how the Washington Supreme Court misapplied Washington's religious freedom test in Open Door and significantly shifted religious land use jurisprudence. Part IV further discusses how this shift may include Washington's adoption of the lower federal standard and elaborates upon the …

Rethinking Canine Sniffs: The Impact Of Kyllo V. United States, Amanda S. Froh

Seattle University Law Review

The argument develops as follows. Part II provides a general background on how the court has determined whether an investigative technique or device is a search within the meaning of the Fourth Amendment, and the implications for finding that something is a search. This section focuses primarily on Katz v. United States, the pivotal case in which the Supreme Court departed from previous Fourth Amendment jurisprudence by recognizing that the Fourth Amendment's core value is the protection of individual privacy, not the protection of places. In light of this background, Part III provides examples of how the Supreme Court has …

Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles

Faculty Scholarship

Baker v. Carr is one of the Supreme Court's most important opinions, not least because its advent signaled the constitutionalization of democracy. Unfortunately, as is typical of the Court's numerous forays into democratic politics, the decision is not accompanied by an apparent vision of the relationship among democratic practice, constitutional law, and democratic theory. In this Article, Professor Charles revisits Baker and provides several democratic principles that he argues justifies the Court's decision to engage the democratic process. He examines the decision from the perspective of one of its chief contemporary critics, Justice Frankfurter. He sketches an approach, described as …

Mathematics And The Legal Imagination: A Response To Paul Edelman, Michael I. Meyerson

All Faculty Scholarship

This article, a response to a review by Prof. Paul Edelman of Prof. Meyerson's book "Political Numeracy: Mathematical Perspectives on Our Chaotic Constitution," explains how the study of mathematics can spur creative legal thinking.

To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Do Creatures Of The State Have Constitutional Rights: Standing For Municipalities To Assert Procedural Due Process Claims Against The State, Michael A. Lawrence

Villanova Law Review (1956 - )

No abstract provided.

Re-Readings And Misreadings: Slaughter-House, Privileges Or Immunities, And Section Five Enforcement Powers, James W. Fox Jr.

Kentucky Law Journal

No abstract provided.

A Reminder: The Constitutional Values Of Sympathy And Independence, Robert G. Natelson

Kentucky Law Journal

No abstract provided.

Redeeming The Welshed Guarantee: A Scheme For Achieving Justiciability, Ethan J. Leib

Faculty Scholarship

In this article, I suggest that Congress re-pass its progressive legislation under the jurisdictional basis of its Guarantee Clause power. While arguments for justiciability continue to be made, a pragmatic way to achieve it has not been spelled out. Part II will lay out versions of republicanism I hope to see discussed in the context of the Guarantee Clause. Part III will explore republicanism's excessive attention on the courts, recommending the aforementioned approach of Jeremy Waldron. Part IV will briefly suggest how some of the legislation recently curtailed by the Supreme Court might be justified under a theory of legislative, …

Blurring The Lines Of The Danger Zone: The Impact Of Kendra's Law On The Rights Of The Nonviolent Mentally Ill, Kristina M. Campbell

Journal Articles

When the lives of Kendra Webdale and Andrew Goldstein crossed paths in a New York City subway on January 3, 1999, no one could have predicted the tragic results of their brief encounter, nor the political and legal aftermath the events of that day would spur. According to eyewitnesses, Goldstein, a twenty-nine year old man with a long history of psychiatric illness,' approached Webdale, a thirty-two year old woman, to ask her the time as she waited for an uptown train. Goldstein then suddenly and- inexplicably pushed Webdale in front of the approaching train; she died instantly. 2 Public outrage …

Youngstown Revisited, Christopher Bryant, Carl Tobias

UC Law Constitutional Quarterly

In Youngstown Sheet & Tube Co. v. Sawyer, the U.S. Supreme Court struck down as unconstitutional President Truman's 1952 executive order authorizing federal government seizure and operation of the nation's steel mills. In this article, Professors Bryant and Tobias apply this landmark precedent to the provisions of President Bush's November 13, 2001 military courts executive order that purport to authorize indefinite detention of covered individuals and to preclude them from invoking the jurisdiction of the federal courts.

In this article, the authors first examine the constitutional text, history, and relevant Supreme Court authority supporting the conclusion that Congress, not the …

Incongruent Disproportionality, K. G. Jan Pillai

UC Law Constitutional Quarterly

Since 1997, a sharply divided Supreme Court has decreed that all laws enacted by Congress in exercise of its enforcement powers under the Fourteenth Amendment must pass a newly-minted test of "congruence and proportionality." The Court insisted that the test is necessary to restrain Congress from enacting "substantive" legislation that transgresses its "remedial" powers and unconstitutionally intrudes upon the domain of state sovereignty. Every enforcement legislation that subsequently came up for the Court's scrutiny was held unconstitutional for failure to satisfy the proportionality test. The most heartwrenching casualty of the test is the American with Disabilities Act, which the Court …

The Metes And Bounds Of State Sovereign Immunity, Scott Dodson

UC Law Constitutional Quarterly

The morass of recent Supreme Court state sovereign immunity jurisprudence is closely examined. Rather than attack or defend the Court, the Article attempts to distill the Court's understanding of this complicated doctrine to an applicable rule. Where does state sovereign immunity end and abrogation begin? Immunity, after all, is mentioned nowhere in the Constitution. The Court's understanding of state sovereign immunity jurisprudence is discussed in depth and the Article demonstrates that state sovereign immunity remains inviolate throughout Article I of the Constitution and that state sovereign immunity cannot be overridden by the original Constitution. Professor Dodson argues instead that certain …

The Spectre Of Star Chamber: The Role Of An Ancient English Tribunal In The Supreme Court's Self-Incrimination Jurisprudence, Frank Riebli

UC Law Constitutional Quarterly

The author investigates the Supreme Court's allusions to the ancient English Court of Star Chamber. Throughout its history, the Supreme Court has used the spectre of Star Chamber to develop at least three themes in its Self-Incrimination Clause jurisprudence. Star Chamber appears as a symbol of brutality, the end of a slippery slope towards which our criminal justice system would drift but for the Self-Incrimination Clause's protections. Star Chamber is frequently used to describe the boundaries of the "testimonial evidence" doctrine, and thereby the scope and policies underlying the Self-Incrimination Clause. Finally, Star Chamber has appeared as a symbol of …

Religious Discrimination, Public Funding, And Constitutional Values, Steven K. Green

UC Law Constitutional Quarterly

TitleVII of the 1964 Civil Rights Act allows religious institutions to discriminate on the basis of religion in their employment practices, even in those situations where employees are not engaged in religious functions or duties. This exemption, while part of the law since 1972, has become more controversial since the enactment of Charitable Choice legislation that allows religious organizations to contract with the government to administer funded social services. Even though the Supreme Court upheld the exemption against an Establishment Clause challenge in 1987, that decision did not involve government funded programs. An examination of the legislative history behind the …

Historical Revisionism And Constitutional Change: Understanding The New Deal Court, 88 Va. L. Rev. 265 (2002), Samuel R. Olken

UIC Law Open Access Faculty Scholarship

No abstract provided.

Applying The Good News Club Decision In A Manner That Maintains The Separation Of Church And State In Our Schools, James L. Underwood

Villanova Law Review (1956 - )

No abstract provided.

Drug Exceptionalism, Erik Luna

Villanova Law Review (1956 - )

No abstract provided.

The Show Must Go On As Academic Freedom Saves The Day: But Where Does Academic Freedom End And The Establishment Clause Begin And Has The Seventh Circuit Restricted The Limited Public Forum In Linnemeir V. Board Of Trustees Of Purdue University, Drew Whelan

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

A Balanced Diet Of First Amendment Cases, Joel Gora

Faculty Scholarship

No abstract provided.

Al-Khilafah Al-Islamiyyah Menurut Al-Quran : Suatu Kajian Terhadap Kefahaman Masyarakat Islam Di Kuala Lumpur, Abu Zaki Ismail

Student Works (2000-2009)

Kajian ini membincangkan tentang konsep khilafah di dalam Islam berdasarkan kepada perspektif yang dipaparkan di dalam al-Quran. Kajian disasarkan kepada tahap kefahaman masyarakat Islam Malaysia, khususnya di Kuala Lumpur. Sejarah khilllfah Islam yang gilang gemilang telah diakhiri oleh keruntuhan sistem tersebut dengan kejatuhan pemerintahan Islam Turki cUthmaniyyah pada tahun 1924 M. Lantaran itu, muncullah suara-suara di kalangan umat Islam dan ulamaknya untuk kembali kepada sistem khi/Qfah Islam. Penulis cuba melihat reaksi masyarakat Islam sendiri terhadap seruan tersebut selain dari mengenal pasti kefahaman mereka terhadap konsep khilii fah Islam seperti yang digagaskan oleh al-Qur'an. Hasil daripada kajian ini, penuhs dapati: 1. …