Constitutional Law Commons^™

Lawrence V. Texas: Brief Of Amici Curiae Constitutional Law Professors Bruce A. Ackerman, Jack M. Balkin, Derrick A. Bell, Jr., Paul Brest, Evan Caminker, Erwin Chemerinsky, David D. Cole, David B. Cruz, Thomas C. Grey, Pamela S. Karlan, Kenneth L. Karst, Andrew Koppelman, Sanford Levinson, Frank Michelman, William B. Rubenstein, Steven H. Shiffrin, Geoffrey R. Stone, And Kenji Yoshino In Support Of Petitioner, Evan Caminker

Appellate Briefs

The law professors named below teach and write about Constitutional law. Both basic and advanced constitutional law courses, as well as a wide range of scholarship on constitutional issues, regularly consider the rights of gay men and lesbians. Amici are among the many scholars who have spent a considerable amount of time thinking, writing, and teaching about the issues before the Court in this case. A selected list of their scholarship on these issues is contained in an Appendix to this brief.

Based on this expertise, and on careful review of this Court's decisions, amici argue in this brief that …

Faiglin V. Cheshin, Shlomo Levin, Izhak Englard, Edmond E. Levy, Tova Strasberg-Cohen, Ayala Procaccia, Aharon Barak, Eliahu Mazza, Jacob Turkel, Dorit Beinisch, Dalia Dorner, Eliezer Rivlin

Translated Opinions

Facts: Petitioner wished to be a candidate in the elections for the sixteenth Knesset. Petitioner included, with his candidacy application, a “Statement of Agreement” pursuant to section 57(i) of the Knesset Elections Law. Petitioner did not add any additional materials to note that he had been convicted of the criminal offense of incitement and sentenced to six months imprisonment, to be served as community service. Additionally, petitioner did not subject a request “to expunge the disgrace” of his conviction to the Chairman of the Central Elections Committee. In light of these circumstances, petitioners asked the Court to hold that petitioner …

The Balance Of Forces And The Empire Of Liberty: States' Rights And The Louisiana Purchase, Robert Knowles

Law Faculty Publications

This Article challenges the conventional wisdom about the Louisiana Treaty and argues that it was unconstitutional. As many students of history know, President Jefferson had serious misgivings about its constitutionality, which scholars have dismissed as driven by an overly strict construction of the Constitution. The Article concludes that Jefferson's concerns were in fact motivated primarily by respect for federalism principles.

This Article identifies and discusses the underlying conflict between two radically different visions of federalism. While Jefferson s Republicans believed that the incorporation of new states in the West would merely expand the Constitutions form of government to more territory, …

Pressure Of The Popular: Presidential Prestige And The High Court, Timothy W. Clark

William Mitchell Law Review

Review of Popular Justice: Presidential Prestige and Executive Success in the Supreme Court. By Jeff Yates. State University of New York Press, 2002. 131 pages. $17.95.

Corporate Advertising's Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Promise Of Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Parsing The Meaning Of "Adverse Employment Action" In Title Vii Disparate Treatment, Sexual Harassment, And Retaliation Claims: What Should Be Actionable Wrongdoing?, Rosalie Berger Levinson

Law Faculty Publications

No abstract provided.

Tolerance As Understanding, Jay Schiffman

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Narrowing The Nation's Power: The Supreme Court Sides With The States, By John T. Noonan, Jr., Matthew Fogelson

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Prior Restraint Is Nearer Than Readers Realize, Steven P. Aggergaard

William Mitchell Law Review

Review of Minnesota Rag: Corruption, Yellow Journalism, and the Case That Saved Freedom of the Press. By Fred W. Friendly. University of Minnesota Press, 2003. 264 pages. $16.95.

Why The Reparations Movement Should Fail, Gregory Kane

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Are Title Vi's Disparate Impact Regulations Valid?, Bradford Mank

Faculty Articles and Other Publications

This Essay, however, contends that section 602 disparate impact regulations in Tide VI are valid because Congress has implicitly sanctioned their creation, and explicitly approved them in subsequent related statutes.

Part II of this Essay discusses the legislative history of Tide VI, which suggests that Congress intended to give administrative agencies discretion to define "discrimination" in their Tide VI regulations as prohibiting either intentional conduct or actions having disparate impacts against racial minorities as long as the President approved such rules.

Part III illustrates that five different Congresses have enacted four subsequent related statutes that explicitly incorporate Tide VI disparate …

The Usa Patriot Act: The Devil Is In The Details, Elizabeth Brandt

Articles

No abstract provided.

Affirmative Action, Race And The Constitution: From Bakke To Grutter, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Location And Life: How Stenberg V. Carhart Undercut Roe V. Wade, Richard Stith

Law Faculty Publications

No abstract provided.

The Office Of The Oath, Patrick O. Gudridge

Articles

No abstract provided.

Stopping Time: The Pro-Slavery And 'Irrevocable' Thirteenth Amendment, A. Christopher Bryant

Faculty Articles and Other Publications

In the post-secession winter of 1861, both Houses of Congress approved a proposed thirteenth amendment to the U.S. Constitution. Three northern States even ratified the proposal before the Civil War intervened. That version of the thirteenth amendment, introduced in the House by Representative Thomas Corwin of Ohio, purported to prohibit any future amendment granting Congress power to interfere with slavery in the States. The Congressional Globe volumes for the winter 1861 legislative session include rich debates about whether the amending power could be used to limit future exercise of that same authority. Those forgotten debates offer significant insights for modern …

Quirin Revisited, A. Christopher Bryant, Carl Tobias

Faculty Articles and Other Publications

In November 2001 President George W. Bush promulgated an Executive Order, premised on Ex Parte Quirin, that authorized the establishment of military commissions as well as purported to eliminate whatever jurisdiction federal courts might have by statute and to deny federal court access to individuals prosecuted or detained for terrorism. This article finds that the profound growth of federal habeas corpus over the last sixty years and the quite narrow holding in Quirin's ultimate determination must guide contemporary application of the precedent. Also, it concludes that federal courts have power not only to assess military commissions' validity in the abstract …

Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman

Faculty Publications

No abstract provided.

Constitutional Constraints On The International Law-Making Power Of The Federal Courts, Jason Jarvis

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Eu Competency Confusion: Limits, "Extension Mechanisms," Split Power, Subsidiarity, And "Institutional Clashes", Peter Orebech

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Continuing Importance Of Congressman John A. Bingham And The Fourteenth Amendment, Richard L. Aynes

The 39th Congress Project

No abstract provided.

No Price Too High : Victimless Crimes And The Ninth Amendment, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

Hardaway argues the criminalization of victimless crimes violates the Ninth Amendment to the U.S. Constitution and creates enormous public policy problems in the society. He contends that the Ninth Amendment adjudication model and the concepts of self-determination and the harm principle are the standards to which privacy issues should be litigated. Hardaway contends that privacy issues should be litigated under the standards of the Ninth Amendment to the U.S. Constitution adjudication model, concepts of self-determination, and the harm principle. The Ninth Amendment follows the true beliefs of the founding fathers and their adherence to Natural Law, autonomy, liberty, and the …

Unhappy Anniversary - Thirty Years Since Miller V. California: The Legacy Of The Supreme Court's Misjudgement On Obscenity, Daniel Mark Cohen

St. Thomas Law Review

If it is true, as Aristotle suggested, that man is by nature a political animal, the current state of American society demonstrates, to any who might doubt the proposition, that man is equally, if not more so, a sexual one. With successive blessings by the Supreme Court, and so, with legal and social impunity, the companion American realms of commerce and entertainment are now thoroughly suffused with images of an openly sexual nature and purpose. These images, generated with conscious calculation and without discrimination as to the age or interest of potential recipients, are employed primarily for pecuniary purpose-that is, …

Statutory Speech Bubbles, First Amendment Overbreadth, And Improper Legislative Purpose, 38 Harv. C.R-C.L. L. Rev. 31 (2003), Alan K. Chen

Sturm College of Law: Faculty Scholarship

The article argues that the Supreme Court's contemporary treatment of First Amendment overbreadth law inadequately accounts for what ought to be one of that doctrine's primary functions, surfacing illicit government purposes underlying regulations that affect expression. It examines current understandings of overbreadth law through the lens of the Supreme Court's recent decision addressing Colorado's bubble law, Hill v. Colorado, 530 U.S. 703 (2000), and the broader debate about the constitutionality of statutory speech bubbles.

The article begins by examining how the structure of First Amendment doctrine exerts enormous pressure on lawmakers to draft laws broadly. Examining the political process that …

You Have A Right To Remain Silent, Michael Avery

Fordham Urban Law Journal

The Supreme Court will decide in the October 2002 term whether there is a cause of action under 42 U.S.C. Section 1983 based on a coercive police interrogation of a suspect in custody who has not been given Miranda warnings. The Supreme Court cannot decide that there is no cause of action under section 1983 for damages caused by coercive interrogation practices without turning its back on a large body of its own jurisprudence and on the deeply rooted cultural and political expectations of American citizens who trust that they have a meaningfu lconstitutionally protected right to remain silent when …

The Usa Patriot Act: Civil Liberties, The Media, And Public Opinion, Lisa Finnegan Abdolian, Harold Takooshian

Fordham Urban Law Journal

This Essay offers an examination of the legal provision of the USA Patriot Act. It then looks at the distinct shift in U.S. media reporting on this legislation over time, and in-depth public opinion findings on people's mixed views of post-9/11 civil liberties. This Essay concludes that media coverage of events is best accompanied by tracking polls, to chart how much and why the U.S. public is coalescing or further dividing on issues of individual liberties during crisis.

Does A Marriage Really Need Sex?: A Critical Analysis Of The Gender Restriction On Marriage, Randi E. Frankle

Fordham Urban Law Journal

This Note discusses the issues surrounding intersex persons and the right to marry. The Comment first discusses the constitutional protection of the right to marry, intersex conditions, and case law regarding intersex, transsexual, and same-sex marriage. It further addresses the consequences for marriage when it is narrowly defined. Further, the Comment proposes an alternative solution to the one many courts have used. This solution allows an intersex person to self-designate her gender and be able to marry either a man or a woman. Finally, this Comment argues that if an intersex person can marry either a man or a woman, …

Suing Under §1983: The Future After Gonzaga V. Doe, Bradford Mank

Faculty Articles and Other Publications

In 2002, the Supreme Court in Gonzaga University v. Doe held that the nondisclosure provisions of the Family Educational Rights and Privacy Act (FERPA) did not establish an individual right enforceable through 42 U.S.C. §1983. Chief Justice Rehnquist's requirement of clear and unambiguous proof that Congress intended to establish an individual right on behalf of a class including the plaintiff placed an additional burden on plaintiffs by effectively demanding proof that Congress would have wanted thousands of private suits. The requirement eroded the Court's precedent emphasizing the presumptive enforcement of federal statutory rights through §1983. This Article will focus on …

Battering Through The Lens Of Class, Jody Raphael

American University Journal of Gender, Social Policy & the Law

No abstract provided.