Constitutional Law Commons^™

Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter

William & Mary Bill of Rights Journal

No abstract provided.

Noontime Dumping: Why States Have Broad Discretion To Regulate Onboard Treatments Of Ballast Water, Kyle H. Landis-Marinello

Michigan Law Review

Ballast water discharges from shipping vessels are responsible for spreading numerous forms of aquatic invasive species, a form of biological pollution that leads to billions of dollars in annual costs. In the wake of inaction from the federal government and inaction from the shipping industry, several Great Lakes states are currently considering legislation to address the problem. Michigan has already passed a law to prevent ballast water introductions of invasive species. As states begin to regulate ballast water discharges from oceangoing vessels, such laws will likely face challenges based on the constitutional principles of the Dormant Commerce Clause and the …

International Law And Constitutional Interpretation: The Commander In Chief Clause Reconsidered, Ingrid Brunk Wuerth

Michigan Law Review

The Commander in Chief Clause is a difficult, underexplored area of constitutional interpretation. It is also a context in which international law is often mentioned, but not fully defended, as a possible method of interpreting the Constitution. This Article analyzes why the Commander in Chief Clause is difficult and argues that international law helps resolve some of the problems that the Clause presents. Because of weaknesses in originalist analysis, changes over time, and lack of judicial competence in military matters, the Court and commentators have relied on second-order interpretive norms like congressional authorization and executive branch practice in interpreting the …

Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig

Cardozo Law Review

No abstract provided.

More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb

Cardozo Law Review

No abstract provided.

A Helping Hand: Addressing New Implications Of The Espionage Act On Freedom Of The Press, Laura Barandes

Cardozo Law Review

No abstract provided.

Umpires At Bat: On Integration And Legitimation, Neil S. Siegel

Faculty Scholarship

During his confirmation hearings. Chief Justice Roberts captured the public's imagination when he offered an interpretation of the role that judges play in our society when interpreting the Constitution. Judges and Justices are servants of the law, not the other way around, he said. Judges are like umpires. Umpires don't make the rules, they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules, but it is a limited role. Nobody ever went to a ball game to see an umpire.

In this inquiry, I identify some tensions between the …

Discrimination At Will: Job Security Protections And Equal Employment Opportunity In Conflict, Julie C. Suk

Articles

The conventional wisdom amongst scholars and advocates of employment discrimination law is that the success of Title VII is significantly hampered by the enduring doctrine of employment at will. As long as employers have broad discretion to fire employees for any reason, no reason, or a bad reason, employers can easily get away with terminating or refusing to promote racial minorities and women as long as some credible nondiscriminatory reason, such as personal animosity, can be presented. This account feeds the widely accepted view that employment at will and the goals of Title VII, namely equal employment opportunity, are at …

September 29, 2007: Hallowed Secularism Constitution Day Address, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism Constitution Day Address

Please, Let’S Bury The Junk: The Codis Loci And The Revelation Of Private Information, D.H. Kaye

NULR Online

No abstract provided.

September 23, 2007: Hallowed Secularism And The Future Of Religion, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and the Future of Religion

September 21, 2007: Hallowed Secularism And Humanism, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and Humanism

Hotline For Migrant Workers V. Government Of Israel, Eliezer Rivlin, Edmond E. Levy, Esther Hayut

Translated Opinions

Facts: Within the framework of an agreement between the fifth respondent and the Turkish Ministry of Defence, the State of Israel undertook that the fourth respondent would be given permits by the Israeli authorities to employ Turkish workers in Israel in the construction industry. According to the terms of these permits, the Turkish workers are only permitted to be employed in Israel by the fourth respondent. Following the decision of the court in Kav LaOved Worker’s Hotline v. Government of Israel [1], which set aside arrangements that restricted foreign workers in Israel to a specific employer as a violation of …

“Facebook In The Flesh”, Timothy Zick

Popular Media

No abstract provided.

September 14, 2007: Katha Pollitt And Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Katha Pollitt and Hallowed Secularism

September 17, 2007: Hallowed Secularism And The Family, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and the Family

Section 4: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The People Out Of Doors — In Trees, Timothy Zick

Popular Media

No abstract provided.

Regulatory Preemption: Are Federal Agencies Usurping Congressional And State Authority?: Hearing Before The S. Comm. On The Judiciary,, 110th Cong., Sept. 12, 2007 (Statement Of Viet D. Dinh, Geo. U. L. Center), Viet D. Dinh

Testimony Before Congress

No abstract provided.

Regulatory Preemption: Hearing Before The S. Comm. On The Judiciary, 110th Cong., Sept. 12, 2007 (Statement Of David C. Vladeck, Geo. U. L. Center), David C. Vladeck

Testimony Before Congress

No abstract provided.

Constitutional Displacement, Timothy Zick

Popular Media

No abstract provided.

September 8, 2007: Hallowed Secularism And Constitutional Law, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and Constitutional Law

September 6, 2007: Hallowed Secularism And Economics, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and Economics

September 4, 2007: Hallowed Secularism And God, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and God

Is The “Junk” Dna Designation Bunk?, Simon A. Cole

NULR Online

No abstract provided.

The Story Of San Antonio Independent School Dist. V. Rodriguez: School Finance, Local Control, And Constitutional Limits, Michael Heise

Cornell Law Faculty Publications

Part of the Education Law Stories, this book chapter tells the story behind San Antonio Independent School Dist. v. Rodriguez. Mindful of the challenges incident to the federal courts' effort to dismantle de jure and de facto school segregation, the Rodriguez decision evidences reluctance by some of the Justices to become ensnarled in an effort to dismantle school finance systems in way that would affect an overwhelming majority of the nation's public schools. By side-stepping such a confrontation, Rodriguez implicitly reveals important aspects about the federal courts and, in particular, how the Justices view their role in our federal system …

September 1, 2007: The New Atheism And Democracy, Bruce Ledewitz

Hallowed Secularism

The New Atheism and Democracy

Life After The Establishment Clause, Steven G. Gey

West Virginia Law Review

No abstract provided.

Substantive Neutrality Revisited, Douglas Laycock

West Virginia Law Review

No abstract provided.

Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green

West Virginia Law Review

No abstract provided.