Constitutional Law Commons^™

Presidential Signing Statements In Perspective, Nelson Lund

William & Mary Bill of Rights Journal

No abstract provided.

The Presidential Signing Statements Controversy, Ronald A. Cass, Peter L. Strauss

William & Mary Bill of Rights Journal

No abstract provided.

The First Word, M. Elizabeth Magill

William & Mary Bill of Rights Journal

No abstract provided.

Why The President Must Veto Unconstitutional Bills, Saikrishna B. Prakash

William & Mary Bill of Rights Journal

No abstract provided.

Litigating Presidential Signing Statements, Michele Estrin Gilman

William & Mary Bill of Rights Journal

No abstract provided.

Presidential Signing Statements And Congressional Oversight, A. Christopher Bryant

William & Mary Bill of Rights Journal

No abstract provided.

Signing Statements And Statutory Interpretation In The Bush Administration, Neil Kinkopf

William & Mary Bill of Rights Journal

No abstract provided.

Fee Shifting As A Congressional Response To Adventurous Presidential Signing Statements, Harold J. Krent

William & Mary Bill of Rights Journal

No abstract provided.

Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane

William & Mary Bill of Rights Journal

No abstract provided.

A Matter Of Direction: The Reagan Administration, The Signing Statement, And The 1986 Westlaw Decision, Christopher S. Kelley

William & Mary Bill of Rights Journal

No abstract provided.

Signing Statements: Constitutional And Practical Limits, Louis Fisher

William & Mary Bill of Rights Journal

No abstract provided.

Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper

William & Mary Bill of Rights Journal

No abstract provided.

The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport

William & Mary Bill of Rights Journal

No abstract provided.

Getting To Plan B: A History Of Contraceptive Rights In The United States And An Argument For A Private Right Of Action Against The Fda, Michele Slachetka

William & Mary Bill of Rights Journal

No abstract provided.

Envisioning The Constitution, Thomas P. Crocker

Faculty Publications

If one of the more persistent problems of constitutional interpretation, particularly of the Bill of Rights, is that we lack a clear view of it, then it would appear that how we see the Constitution is as important as how we read it. What clauses we see as connected in order to form comprehensive values, such as federalism or rights protections, are not so much products of constitutional interpretation as constitutional vision. To obtain a view of the Constitution, we have to do more than derive semantic meaning from diverse articles and clauses. To have a vision of the Constitution …

Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandra B. Zellmer, Christine A. Klein

Faculty Law Review Articles

In the wake of Hurricane Katrina, the nation pondered how a relatively weak Category 3 storm could have destroyed an entire region. Few appreciated the extent to which a flawed federal water development policy transformed this apparently natural disaster into a "manmade" disaster; fewer still appreciated how the disaster was the predictable, and indeed predicted, sequel to almost a century of similar disasters. This Article focuses upon three such stories: the Great Flood of 1927, the Midwest Flood of 1993, and Hurricanes Katrina and Rita of 2005. Taken together, the stories reveal important lessons, including the inadequacy of engineered flood …

The Constitutional Right To Watch Television: Analyzing The Digital Switchover In The Context Of The First Amendment , Eugene Ho

American University Law Review

No abstract provided.

Settlement Agreements Are Favored Under North Carolina Law... Or So We Thought: Problems With The Court Of Appeals' New Approach Allowing County Governments To Invalidate An Otherwise Binding Settlement Agreement Using North Carolina General Statute Section 159-28, Ryan C. Aul

Campbell Law Review

This comment first examines the established law of settlement agreements in North Carolina, specifically relating to how such agreements are favored under the law, general enforcement of these agreements, and special rules concerning counties and municipalities. Second, it focuses on the requirements for a pre-audit certification under North Carolina General Statute section 159-28(a), the perplexing judicial interpretation of this statute by the North Carolina Court of Appeals, and the resulting inequitable status of the law that treats settlement agreements with county and municipal governments on a different playing field than those with a private entity. Finally, a proposal is offered …

Thoughts On Commercial Speech: A Roundtable Discussion, Ronald K.L. Collins, Steven H. Shiffrin, Erwin Chemerinsky, Kathleen M. Sullivan

Cornell Law Faculty Publications

Adam Liptak, the legal affairs writer for The New York Times, moderates a lively discussion about commercial speech between three esteemed constitutional scholars: Professor Erwin Chemerinsky of Duke University School of Law; Professor Kathleen Sullivan of Stanford Law School; and Professor Steve Shiffrin of Cornell Law School. These scholars debate the proper definition of defining commercial speech, how the corporate identity of a speaker and the content of the speech determines the level of First Amendment protection, whether it is possible to demarcate commercial speech from political speech, and the problems of paternalism and viewpoint discrimination in this complex and …

Constitutional Law—Campaign Finance Law & The First Amendment—Can You See The Light?: Illuminating Precedent And Creating A New Tier Of Judicial Scrutiny For Campaign Finance Laws. Randall V. Sorrell, 126 S. Ct. 2479 (2006)., Christopher A. Mcnulty

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional & Property Law—Fourteenth Amendment Due Process Clause & Notice To Be Heard— It Felt So Right But Was All So Wrong: United States Supreme Court Rules Arkansas's Tax-Foreclosure Notice Procedure Fails To Satisfy Due Process Clause When Certified Mail Notice Returns "Unclaimed." Jones V. Flowers, 126 S. Ct. 1708 (2006)., Jenny Wilkes Robertson

University of Arkansas at Little Rock Law Review

Local governments in the United States still rely on real property taxation as a dominant source of revenue. Rather than establish a clear, uniform model of tax collection, the federal government allows each state to develop its own form of governance, resulting in over 150 different tax collection systems within the United States. Unfortunately, not all property taxes are paid, and the county government must seize the delinquent taxpayer's property in order to fulfill the taxpayer's obligation. The Constitution requires the government to give the delinquent taxpayer notice of the pending action. Although recently it appears that the Supreme Court …

Constitutional Law—Equal Protection & Due Process—Is The Arkansas Supreme Court Abandoning Judicial Federalism?, Alexander Justiss

University of Arkansas at Little Rock Law Review

This note examines the history of judicial federalism by discussing the history of its use, as well as the analytical models that have been produced by its various adoptive jurisdictions. The development of these models has given courts much authority in determining the scope of individual rights within their respective jurisdictions. Further, a discussion follows that explores the criticisms directed at the use of such authority.

This note also examines the Arkansas Supreme Court's adoption and use of judicial federalism as a necessary safeguard against governmental infringements on individual rights, particularly those involving the right to privacy. Although such cases …

Reforming The Supreme Court, Roger C. Cramton

Cornell Law Faculty Publications

Life tenure for Supreme Court Justices has had harmful consequences that could not have been foreseen by the Founders. The seriousness of these harms makes it necessary and proper to use the hindsight we enjoy today to correct them. This Article begins with a brief summary of the constitutional provisions relevant to judicial tenure and examines how the system of life tenure functions today. The harmful consequences of life tenure are then examined, leading to the conclusion that a statutory solution is required. The article then proposes such a solution and examines its constitutionality, concluding that language, history and purpose …

Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Separating Civil Unions And Religious Marriage-A New Paradigm For Recognizing Same-Sex Relationships, Dov Berger

Cardozo Public Law, Policy & Ethics Journal

The note argues that civil marriage laws defining marriage as between a man and a woman violate the Establishment Clause by favoring one religious perspective over another. It proposes a solution to this constitutional issue by advocating for the separation of civil unions from religious marriage, drawing on New York's kashrut and get laws as a model. The analysis focuses on two key cases, Hernandez v. Robles and Lewis v. Harris, to highlight the legal and religious tensions surrounding same-sex marriage. The author suggests that replacing marriage with a civil union system would respect both legal and religious traditions …

"Prologue To A Farce?" A Historical Perspective On The Aipac Case And The Applicability Of The Espionage Act To Journalists, Peter Shapiro

Cardozo Public Law, Policy & Ethics Journal

The note argues that the expansion of the Espionage Act of 1917 to prosecute private citizens, as seen in the AIPAC case, poses a significant threat to press freedom and democratic governance. This shift marks a dangerous precedent, as it potentially criminalizes activities protected by the First Amendment, such as journalism, and undermines the balance between national security and the public's right to know.

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

Vanderbilt Law School Faculty Publications

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 …

Challenging Political Boundaries In Post-Conflict States, Angela M. Banks

Faculty Publications

No abstract provided.

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Faculty Publications

No abstract provided.

Signing Statements And Divided Government, Neal Devins

William & Mary Bill of Rights Journal

No abstract provided.