Constitutional Law Commons^™

Rights, Rules, And Raich, Alex Kreit

West Virginia Law Review

No abstract provided.

Freedom Of The Press Box: Classifying High School Athletes Under The Gertz Public Figure Doctrine, Jonathan Deem

West Virginia Law Review

No abstract provided.

Cable Operators' Fifth Amendment Claims Applied To Digital Must-Carry, Nissa Laughner, Justin Brown

Federal Communications Law Journal

This Article addresses the legal and policy implications of property rights in the digital must-carry issue. The Authors review must-carry regulations, present a traditional Fifth Amendment analysis of must-carry, address free speech implications of that property-based analysis, and show how property-based claims might influence future cable regulations and policies. The Authors conclude that while the Fifth Amendment claims are unlikely to succeed legally, they do contain significant rhetorical power that can help shift public policy in ways favorable to the cable industry.

Incapacitation Through Maiming: Chemical Castration, The Eighth Amendment, And The Denial Of Human Dignity, John F. Stinneford

UF Law Faculty Publications

This year marks the tenth anniversary of California's enactment of the nation's first chemical castration law. This law requires certain sex offenders to receive, as part of their punishment, long-term pharmacological treatment involving massive doses of a synthetic female hormone called medroxyprogesterone acetate (MPA). MPA treatment is described as chemical castration because it mimics the effect of surgical castration by eliminating almost all testosterone from the offender's system. The intended effect of MPA treatment is to alter brain and body function by reducing the brain's exposure to testosterone, thus depriving offenders of most (or all) capacity to experience sexual desire …

Marshall, Marbury, And Mr. Byrd: America Unchecked And Imbalanced (Reviewing Losing America By Senator Robert C. Bryd), Gerald G. Ashdown

West Virginia Law Review

No abstract provided.

Taking The Initiative: Political Parties, Primary Elections, And The Constitutional Guarantee Of Republican Governance, Gavin M. Rose

Indiana Law Journal

No abstract provided.

Davey's Deviant Discretion: An Incorporated Establishment Clause Should Require The State To Maintain Funding Neutrality, Nina S. Schultz

Indiana Law Journal

No abstract provided.

Confrontation, Equity, And The Misnamed Exception For "Forfeiture" By Wrongdoing, James F. Flanagan

William & Mary Bill of Rights Journal

No abstract provided.

Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg

William & Mary Bill of Rights Journal

No abstract provided.

Speech And The Self-Governance Value, Brian C. Murchison

William & Mary Bill of Rights Journal

No abstract provided.

A Clearing In The Forest: Infusing The Labor Union Dues Dispute With First Amendment Values, Harry G. Hutchinson

William & Mary Bill of Rights Journal

This article deploys public choice theory and postmodem identity claims to develop a far-reaching understanding of the union dues dispute, which suggests that the burden of proof on the existence of and/or the possibility of an enduring union community should be placed on proponents of this view. While the postmodern project can be seen as an unsettled approach that is riven by coherency issues, not the least, its insistence on offering the good without the true, it supplies modest benefits by revealing the conceivably infinite varieties of human preferences in contemporary America. The absence of preference convergence, understood from the …

Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal

William & Mary Bill of Rights Journal

No abstract provided.

The Backlash Thesis And Same-Sex Massiage: Learning From Brown V. Board Of Education And Its Aftermath, Carlos A. Ball

William & Mary Bill of Rights Journal

No abstract provided.

Rethinking Regulation Of Advertising Aimed At Children, William A. Ramsey

Federal Communications Law Journal

In 1990, Congress passed the Children's Television Act ("CTA"), which directed the FCC to establish standards for broadcasters regarding the amount of children's programming aired and to enforce limits on the amount of commercial time aired during children's programming. The limits are meant to protect children from various harms caused by advertising aimed at children. This Note examines the constitutionality and the effectiveness of these commercial limits. The Note concludes that while the CTA's commercial limits are probably constitutional under the Court's test for regulations of commercial speech, the limits do not provide children with adequate protection from the harms …

A Morass Of Confusion And Inconsistency: The Application Of The Doctrine Of Nullum Tempus Occurrit Regi In North Carolina, Thomas R. Young

Campbell Law Review

Given the courts' and legislature's desire to maintain the doctrine of nullum tempus, the need for guiding principles of application is great. This article seeks to piece together the disparate guiding principles the courts have articulated regarding the nullum tempus doctrine from its initial introduction in North Carolina to the present time. Secondarily, the article will explore the case for modification of the current interpretation of the doctrine so as to provide a more uniform and consistent application to governmental actions. In so doing, an inquiry will be made into the approach other jurisdictions upholding nullum tempus take toward applying …

"Inevitable Inequities:" The Public Duty Doctrine And Sovereign Immunity In North Carolina, G. Braxton Price

Campbell Law Review

This comment first examines the muddled past of the application of the public duty doctrine by the Court of Appeals and the Supreme Court of North Carolina with the aim of showing that it is unworkable, confusing, and unjust. Second, it suggests the Supreme Court of North Carolina should completely abrogate the public duty doctrine in deference to the legislature's intent to waive sovereign immunity to the extent it has done so in the Tort Claims Act. Finally, in its stead, an alternative approach is offered. The North Carolina Supreme Court should adopt a traditional negligence standard of reasonable care …

Justice & Foreign Affairs: Taking The European Neighbourhood Partner Countries To The European Court Of Justice, Lior Zemer, Sharon Pardo

Cardozo Journal of International and Comparative Law

The article argues that the European Union (EU) should extend the jurisdiction of the European Court of Justice (ECJ) to cover disputes arising from agreements with Neighborhood Partner Countries (NPC) under the European Neighbourhood Policy (ENP). This extension is essential for upholding the EU's constitutional principles, ensuring judicial review, and maintaining the coherence of EU external relations. The authors advocate for the ECJ as the most suitable judicial forum to address these disputes, emphasizing its role in reinforcing the EU's legal identity and capacity building.

Regulating Food Advertisements: Some First Amendment Issues, John M. A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

Setting The Stage For Public Health: The Role Of Litigation In Controlling Obesity, Jason A. Smith

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Direct Shipment Of Alcohol—Well-Aged And Finally Uncorked: The Supreme Court Decides Whether The Twenty-First Amendment Grants States The Power To Avoid The Dormant Commerce Clause. Granholm V. Heald, 125 S. Ct. 1885 (2005)., Robert L. Jones Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

United States' Moral Authority Undermined: The Foreign Affairs Costs Of Abusive Detentions, Jeffrey K. Cassin

Cardozo Public Law, Policy & Ethics Journal

The note argues that the United States' engagement in abusive detentions, notably at Guantanamo Bay and in cases like *Hamdi v. Rumsfeld* and Padilla, has severely eroded its moral authority on the global stage. These practices, including indefinite detentions and the denial of due process, contradict U.S. rhetoric on human rights, undermining its credibility and strategic influence. The Supreme Court's rulings in Rasul v. Bush and Hamdi v. Rumsfeld emphasize the necessity of judicial review, yet the U.S. continues to face criticism for hypocrisy, diminishing its ability to promote democracy and human rights internationally.

The Rhetoric Of Necessity (Or, Sanford Levinson's Pinteresque Conversation), Kevin Jon Heller

Scholarly Works

It may seem odd to begin a discussion of whether the President should have the power to act extraconstitutionally in times of necessity with a quote from The Dwarves. As I researched this Comment, though, I could not escape the uneasy feeling that I was witnessing what could only be described as a Pinteresque conversation--a conversation in which Professor Levinson and his interlocutors, "while exchanging remarks apparently on a common topic, and using mutually comprehensible vocabulary, are revealed as experiencing a profound failure to communicate with one another." Professor Levinson wants to find a workable balance between constitutional restraints and …

Constitution Day: An Opportunity For Paralegal Educators To Design Creative Law Learning Activities For The Entire College/University Community, Marissa Moran

Publications and Research

No abstract provided.

The Court's Purpose: Secular Or Anti-Strife?, Bernadette Meyler

Cornell Law Faculty Publications

No abstract provided.

Property, Place, And Public Discourse, Timothy Zick

Faculty Publications

No abstract provided.

Foreword: Disabling Brown, Michael Ashley Stein

William & Mary Bill of Rights Journal

No abstract provided.

Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Reflections On Standing: Challenges To Searches And Seizures In A High Technology World, José F. Anderson

All Faculty Scholarship

Among the profound issues that surround constitutional criminal procedure is the obscure often overlooked issue of who has standing to challenge an illegal search, seizure or confession. Privacy interests are often overlooked because without a legal status that allows a person to complain in court, there is no way to challenge whether one is constitutionally protected from personal invasions. Standing is that procedural barrier often imposed to prevent a person in a case from objecting to improper police conduct because of his or her relationship of ownership, proximity, location, or interest in an item searched or a thing seized. Although …

Originalism As A Legal Enterprise, Gary S. Lawson, Guy I. Seidman

Faculty Scholarship

The reasonable person is an important and ubiquitous figure in the law. Despite the seeming handicap of being a hypothetical construct assembled by lawyers rather than a flesh-andblood person, he (for most of Western legal history) or she (in more recent times) determines such varied legal and factual matters as the standard of care for negligence liability,' the materiality of misrepresentations in both contract 2 and tort,3 the applicability of hearsay exceptions for admissions against interest,4 the scope of liability for workplace harassment under Title VII, 5 the clarity of law necessary to defeat the qualified immunity of government officials,6 …

Dignity - The Enemy From Within, Guy E. Carmi

ExpressO

The manuscript challenges the use of human dignity as an independent free speech justification. The articulation of free speech in human dignity terms carries unwarranted potential consequences that may result in limiting free speech rather than protecting it. This possible outcome makes human dignity inadequate as a free speech justification.

The manuscript also demonstrates why articulations of the rationales behind the “argument from dignity” are either superfluous, since they are aptly covered by the “argument from autonomy,” or simply too broad and speech-restrictive to be considered a free speech justification. As a matter of principle, the nexus between freedom of …