Constitutional Law Commons^™

Gao's Recent Report On The Implementation Of Exec. Order 12630 And The State Of Federal Agency Protections Of Private Property Rights: Hearing Before The H. Subcomm. On The Judiciary, 108th Cong., Oct. 16, 2003 (Statement Of John D. Echeverria, Exec. Dir., Georgetown Environmental Law & Policy Inst., Geo. U. L. Center), John D. Echeverria

Testimony Before Congress

No abstract provided.

National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock

ExpressO

In the past two years there have been serious calls for a national identity system whose centerpiece would be some form of national identity card. Such a system is seen mainly as a tool against terrorists, but also as a useful response to illegal immigration, identity theft, and electoral fraud. Both proponents and opponents have noted the potential constitutional problems of such an identity system, but as yet there has been no published legal analysis of these questions. This article aims to fill that gap by analyzing the Fourth and Fifth Amendment issues in two major features of any likely …

The Narrow Tailoring Issue In The Affirmative Action Cases: Reconsidering The Supreme Court's Approval In Gratz And Grutter Of Race-Based Decision Making By Individualized Discretion, David Crump

ExpressO

No abstract provided.

The Movement For Quality Government In Israel V. The Prime Minister, Mr. Ariel Sharon, Eliezer Rivlin, Eliahu Mazza, Jacob Turkel, Dalia Dorner, Theodor Or, Dorit Beinisch, Mishael Cheshin

Translated Opinions

Facts: The Prime Minister appointed respondent 3 to the position of Minister of Public Security. Petitioner asks that the High Court of Justice order the Prime Minister to refrain from making the appointment.

Held: The Court, by majority vote, held that it would not intervene in the Prime Minister’s decision to appoint respondent 3 to the position of Minister of Public Security.

In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

The Truth About Owen Fiss, Robert A. Burt

University of Miami Law Review

No abstract provided.

Holistic Interpretation, Comparative Constitutionalism, And Fiss-Ian Freedoms, Vicki C. Jackson

University of Miami Law Review

No abstract provided.

Eldred's Aftermath: Tradition, The Copyright Clause, And The Constitutionalization Of Fair Use, Stephen M. Mcjohn

Michigan Telecommunications & Technology Law Review

Eldred v. Ashcroft offered the Supreme Court broad issues about the scope of Congress's constitutional power to legislate in the area of intellectual property. In 1998, Congress added twenty years to the term of all copyrights, both existing and future copyrights. But for this term extension, works created during the 1920s and 1930s would be entering the public domain. Now such works will remain under copyright until 2018 and beyond. Eldred v. Ashcroft rejected two challenges to the constitutionality of the copyright extension. The first challenge contended that Congress had exceeded its power to grant copyrights for "limited Times" in …

To Catch A Killer: Roadblocks And The Fourth Amendment, Michael T. Morley

Scholarly Publications

No abstract provided.

Executing The Laws Or Executing An Agenda: Usurpation Of Statutory And Constitutional Rights By The Department Of Justice, Christopher C. Sabis

University of Michigan Journal of Law Reform

The Department ofJustice (DOJ) can compel individuals and entities to sacrifice their constitutional or statutory rights. The DOJ can do so through brute political force, settlements and consent decrees, selective statutory enforcement, and prosecutions that coerce future actors not to pursue goals contrary to the policy desires of the executive branch. The current regime provides few constraints on the DOJ's ability to abuse its legal authority to achieve political objectives. This unbridled power jeopardizes the rights of both opposing and third parties.

This Note examines, in a bipartisan manner, the methods the Justice Department employs that deprive opponents or third …

The Exclusion Of Felons From Jury Service, Brian C. Kalt

American University Law Review

The lifetime exclusion of felons from jury service is the majority rule in the U.S., used in thirty one states and in federal courts. The result is that over 6% of the adult population is excluded, including about 30% of black men.

The parallel issue of felon disenfranchisement has drawn considerable scholarly attention, despite its lower, declining, and less racially charged numbers. The racial composition of juries has been widely discussed in the literature as well. By contrast, felon jury service has been almost entirely ignored, despite a mass of legislation and appellate litigation, and despite glaring racial disparities.

One …

National Security And The First Amendment: A Judicial Role In Maximizing Public Access To Information, Matthew Silverman

Indiana Law Journal

No abstract provided.

Owen M. Fiss: The Influence Of His Pre-Legal Education, Morton J. Horwitz

University of Miami Law Review

No abstract provided.

Owen Fiss: Heroism In The Law, Paul W. Kahn

University of Miami Law Review

No abstract provided.

Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent

American University Law Review

No abstract provided.

Slavery As A Takings Clause Violation, Kaimipono Daivd Wenger

American University Law Review

No abstract provided.

The Evolution Of Equality In American Law, Gerald Torres

Cornell Law Faculty Publications

No abstract provided.

The Connotation/Denotation Distinction In Constitutional Interpretation, Christopher Birch

The Journal of Appellate Practice and Process

No abstract provided.

Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Education And Equal Protection—Towards Intelligence And Virtue: Arkansas Embarks On A Court-Mandated Search For An Adequate And Equitable School Funding System. Lake View School District No. 25 V. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002)., Brian E. Carter

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—True Threat Doctrine And Public School Speech—An Expensive View Of A School's Authority To Discipline Allegedly Threatening Student Speech Arising Off Campus. Doe V. Pulaski County Special School District, 306 F.3d 616 (8th Cir. 2002)., William Bird

University of Arkansas at Little Rock Law Review

No abstract provided.

Race-Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen

Scholarly Works

Part I of this Article examines how the Equal Protection Clause limits the government's ability to engage in race-based affirmative action. Part I focuses on how constitutional law analysis has evolved in light of the Supreme Court's recent decisions in Grutter v. Bollinger and Gratz v. Bollinger. Part II provides a brief description of tax law's public policy limitation. This part shows how the IRS, though not required to do so, has generally followed Equal Protection Clause jurisprudence when applying the public policy limitation to race-based activity by private tax exempt 501(c)(3) institutions. Part III discusses how the Supreme …

The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen

Scholarly Works

As Americans respond to the events of September 11, 2001, they are being forced to contemplate their place in American history-past, present, and future. This has become particularly stark in the fight over secret deportation hearings. Following September 11, Attorney General John Ashcroft announced that the deportation hearings of "special interest" aliens would be closed to the public. Applying Richmond Newspapers's two-pronged logic-and-experience test, the Third and Sixth Circuits subsequently split over the constitutionality of the blanket closure. At the heart of their disagreement was the scarce history of deportation hearings and whether such hearings had been closed in the …

Constitutional Existence Conditions And Judicial Review, Michael C. Dorf, Matthew D. Adler

Cornell Law Faculty Publications

Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable, many familiar norms of constitutional law state what we call "existence conditions" that are necessarily enforced by judicial actors charged with the responsibility of applying, and thus as a preliminary step, identifying, propositions of sub-constitutional law such as statutes. Article I, Section 7, which sets forth the procedures by which a bill becomes a law, is an example: a putative law that did not go through the Article I, Section 7 process and does not satisfy an alternative test for legal validity (such as the treaty-making provision …

Rhetorically Reasonable Police Practices: Viewing The Supreme Court's Multiple Discourse Paths, Kathryn R. Urbonya

Faculty Publications

This Article analyzes the United States Supreme Court's numerous and shifting rhetorical discourse paths for declaring whether particular governmental practices constituted unreasonable searches or seizures under the Fourth Amendment to the United States Constitution. It examines how the Court has manipulated classic discourse paths arising from text, history, precedent and structure. It reveals that among and within each of these categories, the Court has created conflicting approaches. The Article argues that the Court's construction of Fourth Amendment reasonableness has depended upon which discourse paths it has selected as well as how it has characterized the values embedded within the discourse …

Lbj's Ghost: A Contextual Approach To Targeting Decisions And The Commander In Chief, James E. Baker

Georgetown Law Faculty Publications and Other Works

The moral imperative and relevance of the Law of Armed Conflict (“LOAC”) is more apparent today than before September 11, 2001. Law distinguishes democratic societies from the terrorists who attack them; nowhere is this more apparent than in the methods and means of warfare. Indeed, part of our revulsion and contempt for terrorism lies in the terrorists' indiscriminate, disproportionate, and unnecessary violence against civilians. In contrast, the enduring strength of the LOAC is its reliance on the principles of proportionality, necessity, and discrimination, which protect civilians and minimize combatant suffering. For these reasons, we should not begrudge the LOAC's limitations …

Using Statutes To Set Legislative Rules: Entrenchment, Separation Of Powers, And The Rules Of Proceedings Clause, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.

Against Same-Sex Marriage, Gerard V. Bradley

Journal Articles

The question of the day is, Why should the law limit marriage to heterosexual couples? That is the question posed by the coming debate over the FMA.

No answer fits neatly into our cultural practices. Marriage is already in a very confused state. The way that many married couples live is, in fact scarcely distinguishable from the way some homosexual partners do. Where marriage means to so many heterosexuals: share a bed, share a checkbook and maybe, some day, share parental duties, why exactly is it that two men may not marry? Saying that two men cannot marry appears, from …

Combating Money Laundering And International Terrorism: Does The Usa Patriot Act Require The Judicial System To Abandon Fundamental Due Process In The Name Of Homeland Security?, Joan M. O'Sullivan Butler

ExpressO

The USA PATRIOT Act was part of a wave of legislation which reshaped national security policies while simultaneously restricting traditional civil liberties in response to the terrorist attacks of September 11. Among the many terrorism related provisions of the Act, the executive branch was given authority to freeze the assets of organizations in which there is a foreign interest suspected of funding terrorist organizations through the use of an asset blocking order pending further investigation. The Act further permits the use of classified information which will be subjected to only ex parte, in camera inspection by the judge presiding over …

Section 7: Federalism In The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.