Constitutional Law Commons^™

The Robin Hood Antithesis – Robbing From The Poor To Give To The Rich: How Eminent Domain Is Used To Take Property In Violation Of The Fifth Amendment, Daniel C. Orlaskey

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

No abstract provided.

Prudential Standing And The Dormant Commerce Clause: Why The 'Zone Of Interests' Test Should Not Apply To Constitutional Cases, Bradford Mank

Faculty Articles and Other Publications

In a unique decision, the Fifth Circuit in National Solid Waste Management Ass'n v. Pine Belt Regional Solid Waste Management Authority (NSWMA) used the prudential zone of interests standing test to bar the plaintiffs, who met constitutional standing requirements, from filing a facial, per se challenge under the dormant Commerce Clause. Six Mississippi counties and cities that are members of the Pine Belt Regional Solid Waste Management Authority (the Authority) had enacted flow control ordinances that required all solid waste collected in their six jurisdictions be sent to the Authority's facilities, and, thus, prohibited the export of waste to alternative, …

Wedlock Deadlock: Equal Protection Versus The Will Of The Voters, Laura E. Friedman

McGeorge Law Review

No abstract provided.

Taxing Good, Kenneth C. Halcom

McGeorge Law Review

No abstract provided.

Gender And Constitutional Design, Paula A. Monopoli

Faculty Scholarship

Does the allocation of power between the legislative and executive branches, and the way we define the scope of the executive affect whether women ascend to executive office? In this article, Professor Monopoli argues that the constitutional process of boundary-drawing between the legislative and executive branches of government has implications for how successful women will be in ascending to executive positions. She posits that the Hamiltonian vision of an expansive executive with plenary power is the model least likely to result in women’s ascending to executive office. The essay traces the philosophical heritage of Hamilton’s vision and outlines the empirical …

Equal Protection - Florida's Disenfranchisement Law: Appellate Court Affirms Decision Finding Disenfranchisement Provision Does Not Violate Constitution - Johnson V. Governor Of The State Of Florida, Et. Al., 405 F.3d 1214 (11th Cir. 2005), Arthenia L. Joyner

Florida A & M University Law Review

No abstract provided.

Keeping The Boss Out Of The Bedroom: California's Constitutional Right Of Privacy As A Limitation On Private Employers' Regulation Of Employees' Off-Duty Intimate Association, Erich Shiners

McGeorge Law Review

No abstract provided.

Justice Thomas' Kelo Dissent, Or History As A Grab Bag Of Principles, David L. Breau

McGeorge Law Review

No abstract provided.

Kelo Legacy: Political Accountability, Not Legislation, Is The Cure, The, Elisabeth Sperow

McGeorge Law Review

No abstract provided.

Toward A More Just Compensation In Eminent Domain, Dale Orthner

McGeorge Law Review

No abstract provided.

"The Most Extraordinarily Powerful Court Of Law The World Has Ever Known"? Judicial Review In The United States And Germany, Peter E. Quint

Maryland Law Review

No abstract provided.

The U.S. Constitution And International Law: Finding The Balance, Christopher Linde

Florida State University Journal of Transnational Law & Policy

No abstract provided.

How Just Is The Union's Area Of Freedom, Security And Justice?:An Assessment Of The Normative Status Of International Fundamental Rights In The Union's Legal Order., Stephen Carruthers

Other resources

This thesis argues that international fundamental rights provide the most appropriate measure of justice for the Union’s area of ‘freedom, security and justice’ (AFSJ). However, it is argued that the normative status of international fundamental rights in Union law is undermined by the pursuit of the objective of autonomy of Union law and deficiencies in the legal mechanisms for giving effect to those rights.

This research analyses the sources and normative status of international fundamental rights in Union law, and in particular the AFSJ, both as currently constituted and under the Constitution, and assesses the robustness and effectiveness of the …

First Amendment Cases In The October 2004 Term, Joel Gora

Faculty Scholarship

No abstract provided.

The Gnu General Public License: Constitutional Subversion, Tennille M. Christensen

UC Law Constitutional Quarterly

Challenges to the GNU General Public License alleging that it is unconstitutional are properly divided into two categories: those alleging that the bare license granted by the GPL is unconstitutional, and those alleging that enforcing the GPL under state contract law is unconstitutional. As a bare license, the GPL is in parallel with the copyright clause of Article I of the United States Constitution because it relies upon existing federal copyright law to ensure that the copyright holder's work is distributed according to the copyright holder's wishes. However, federal copyright law impliedly preempts enforcement of the GPL as a contract …

The Cabining Of Rosenberger: Locke V. Davey And The Broad Nondiscrimination Principle That Never Was, Alan M. Trammell

Scholarly Articles

In Rosenberger (1995), the Supreme Court decided that the University of Virginia could not exclude religious organizations from an activities fund that subsidized student organizations. Nine years later, the Court in Locke v. Davey held that Washington could exclude students of devotional theology from a generally available scholarship program; there was, in the Court’s words, “play in the joints” between what the Establishment Clause forbids and what the Free Exercise Clause requires. The cases seemed to contradict one another.

This Note explores whether Rosenberger announced a broad principle of nondiscrimination with respect to religion and whether Davey reneged on that …

Foreign And International Law In Constitutional Gay Rights Litigation: What Claims, What Use And Whose Law?, William D. Araiza

Faculty Scholarship

No abstract provided.

States Sue Federal Government Over Medicare Clawback Payments, Susan E. Cancelosi

Law Faculty Research Publications

No abstract provided.

The United States As A Democratic Ideal? International Lessons In Referendum Democracy, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Reports of how the United States works to spread democracy around the globe bombard the American public almost daily. Ironically, as principles of democratic governance expand worldwide, the United States, once the vanguard for citizen participation in government, has fallen behind. Although the U.S. system of government has evolved - average citizens now vote directly for their national representatives - the United States still stands as one of only three major industrialized countries in the world that has failed to allow its citizens to vote in a national referendum. Referendum democracy varies from representative democracy by allowing the public a …

Bartnicki As Lochner: Some Thoughts On First Amendment Lochnerism, Howard M. Wasserman

Faculty Publications

No abstract provided.

Floss As Democratic Principle, Mark Perry, Brian Fitzgerald

Law Publications

No abstract provided.

Choice V. Chance: The Constitutional Case For Regulating Human Germline Genetic Modification, Nancy Pham

UC Law Constitutional Quarterly

With the rapid rate of advancing technology, human germline intervention ("HGGM") may be possible in the near future. But, is access to HGGM technology a constitutionally protected right? Under traditional substantive due process, constitutional protection turns on whether the right is fundamental. If the courts determine that access to HGGM is a fundamental right, then it would fall in line with the category of reproductive decision-making cases such as Griswold v. Connecticut. Moreover, such a classification would require states to have a compelling interest before restricting the right at all. However, if HGGM is not a fundamental right, then states …

What Is Johnny Doing In The Library - Libraries, The U.S.A. Patriot Act, And Its Amendments, Karl T. Gruben

St. Thomas Law Review

A cornerstone of democracy in the United States is the freedom to think whatever we wish to think. Actions, of course, are a different matter, but any thought that can be thought is just fine: under the First Amendment we may not be prosecuted for what we are thinking. The First Amendment guarantees several other freedoms, among them the freedoms of speech and association. To enjoy the freedom of thought to which we are constitutionally entitled we must be able freely to explore the world of ideas to cultivate thoughts and other, possibly new, ideas. Reading and communicating with others …

The Facts About Qualified Immunity, 55 Emory L. J. 229 (2006) (Reprinted In 22 Civil Rights Litigation And Attorney Fees Annual Handbook (Thomson West 2006)), Alan K. Chen

Sturm College of Law: Faculty Scholarship

This article provides a critical analysis of the Supreme Court's qualified immunity doctrine, which protects public officials from constitutional tort damages actions when their conduct does not violate...clearly established...constitutional rights of which a reasonable person would have known. It argues that there exists an irresolvable tension between the Court's objective that constitutional tort cases be terminated at an early stage of litigation and the inherently fact-based nature of the reasonableness inquiry that lies at the heart of the doctrine's analytical framework. The article surveys the Court's ill-fated and ill-advised attempts to refine the doctrine in a manner that consciously disregards …

Distinguishing Formal From Institutional Democracy, Paul Frymer

Maryland Law Review

No abstract provided.

Disrobed: The Constitution Of Modesty, Anita L. Allen

Villanova Law Review (1956 - )

No abstract provided.

International Law-The Impact On National Constitutions, Michael Kirby

American University International Law Review

No abstract provided.

Using International Law To Interpret National Constitutions-Conceptual Problems: Reflections On Justice Kirby's Advocacy Of International Law In Domestic Constitutional Jurisprudence, A. Mark Weisburd

American University International Law Review

No abstract provided.

The Supreme Constitutional Court Of Egypt On Islamic Law, Veiling And Civil Rights: An Annotated Translation Of Supreme Constitutional Court Of Egypt Case No. 8 Of Judicial Year 17 (May 18, 1996), Nathan J. Brown, Clark B. Lombardi

American University International Law Review

No abstract provided.

Abortion, Eugenics, And A Threat To Diversity, Chris Mcchesney

The Modern American

No abstract provided.