Constitutional Law Commons^™

Chinese And Western Worldviews: Implications For Law, Policy,, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

The Bible And American Law: A Response To Dean Herbert W. Titus, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy

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

No abstract provided.

Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell

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

No abstract provided.

A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello

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

No abstract provided.

Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts V. Epa's New Standing Test For States, Bradford Mank

Faculty Articles and Other Publications

In Massachusetts v. EPA, 127 S. Ct. 1438 (2007), the Supreme Court held that carbon dioxide (CO²) and other greenhouse gases (GHGs) are air pollutants within the meaning of the Clean Air Act (CAA). Although its decision on the merits is important, the Court's conclusion that Massachusetts had standing to file suit because states are entitled to more lenient standing criteria may have a greater impact in the long-term on legal doctrine. In Massachusetts, the Supreme Court for the first time clearly gave greater standing rights to states than ordinary citizens. The Court, however, failed to explain to what extent …

Constitutional Adjudication: The Costa Rican Experience, Robert S. Barker

Barker Books

"The purpose of this book is to present a picture of constitutional adjudication in Costa Rica in a way that will be interesting and useful to students of comparative constitutional law, legal and political history, government, and Latin American area studies. The term "constitutional adjudication," as used herein, refers to those processes and procedures by which constitutional questions are presented to and answered by judicial tribunals, and the substantive constitutional jurisprudence thus produced. The organization of the book is, for the most part, historical.

Chapter I focuses on the system of constitutional adjudication that developed gradually during the early part …

Are You My Mother?: Removing A Gestational Surrogate’S Name From The Birth Certificate In The Name Of Equal Protection, Erin V. Podolny

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

No abstract provided.

Exclusionary Eminent Domain, David A. Dana

Faculty Working Papers

This Article explores the phenomenon of "exclusionary eminent domain" – the exercise of eminent domain that has the effect of excluding low-income households from an otherwise predominantly or entirely middle-class or wealthy neighborhood or locality, whether or not exclusion itself was the purpose of the condemnation. All condemnations exclude the condemned owner (and his or her tenants, if any) from the condemned property. Exercises of what I am calling "exclusionary eminent domain" are doubly exclusive because the displaced residents are unable to afford new housing in the same neighborhood or locality as their now-condemned, former homes. In exclusionary eminent domain, …

Commercial Speech, First Amendment Intuitionism And The Twilight Zone Of Viewpoint Discrimination, Martin H. Redish

Faculty Working Papers

In this article, I seek to demonstrate that arguments made by scholars against First Amendment protection for commercial speech may be divided into three categories: (1) rationalist, (2) intuitionist, and (3) ideological. I argue that all three forms of opposition to commercial speech protection suffer, either directly or indirectly, from the same fundamental flaw: each constitutes or at the very least facilitates creation of a constitutionally destructive form of viewpoint discrimination. I show that all of the specific rationales for opposing First Amendment protection for commercial speech are fatally and illogically underinclusive: In each case the justification asserted to support …

Corruption Of Religion And The Establishment Clause, Andrew Koppelman

Faculty Working Papers

Government neutrality toward religion is based on familiar considerations: the importance of avoiding religious conflict, alienation of religious minorities, and the danger that religious considerations will introduce a dangerous irrational dogmatism into politics and make democratic compromise more difficult. This paper explores one consideration, prominent at the time of the framing, that is often overlooked: the idea that religion can be corrupted by state involvement with it. This idea is friendly to religion but, precisely for that reason, is determined to keep the state away from religion.

If the religion-protective argument for disestablishment is to be useful today, it cannot …

Katz V. United States: The Untold Story, Harvey A. Schneider

McGeorge Law Review

No abstract provided.

Why Sentencing By A Judge Satisfies The Right To Jury Trial: A Comparative Law Look At Blakely And Booker, Susan F. Mandiberg

McGeorge Law Review

No abstract provided.

Mt. Soledad In The Supreme Court's Crosshairs: Why Legislative Recognition Should Be Considered In Public Displays Of Religion, Adrian R. Conteras

McGeorge Law Review

No abstract provided.

Constitutional Evidence Law, Alex Stein

Vanderbilt Law Review

This Article identifies the causes and consequences of a puzzling asymmetry in constitutional law. Of the three facets of adjudicative factfinding-evidence, procedure, and rules of decision- only two are constitutionalized. Constitutional law regulates procedural and decisional rules, but not whether the evidence that factfinders use is adequate.

Constitutional law regulates procedure through a set of rules that determine a person's power to control the trial by adducing evidence in support of her case and by examining the evidence of her adversary. Constitutional law regulates decisionmaking by setting probability requirements for findings of fact-standards of proof-and by allocating the burdens of …

Is Nominal Use An Answer To The Free Speech & Right Of Publicity Quandary?: Lessons From America’S National Pastime, Raymond Shih Ray Ku

Faculty Publications

No abstract provided.

Watergate And The Resignation Of Richard Nixon: Impact Of A Constitutional Crisis (Book Review), Robert J. Weiner Jr.

College of Law - Law Library Staff Scholarship

No abstract provided.

Illuminating The Shadows Of Constitutional Space While Tracing The Contours Of Presidential War Power, Saby Ghoshray

Loyola University Chicago Law Journal

No abstract provided.

The Empirical Judiciary, A. Christopher Bryant

Faculty Articles and Other Publications

This essay reviews David L. Faigman’s Constitutional Fictions: A Unified Theory of Constitutional Facts (Oxford U.P. 2008). Constitutional Fictions is a highly original book that promises to (and should) have an enormous impact on both constitutional law scholarship and practice. The book focuses on the methods, or lack thereof, that the Court employs in receiving evidence and resolving disagreements about questions of fact in constitutional cases. In doing so, the book does the legal profession an invaluable service by identifying and articulating the many frequently unspoken questions that arise in the context of judicial consideration and resolution of legislative facts …

Ballot Issues Education For The 2008 General Election, J. David Aiken, Bradley D. Lubben

University of Nebraska-Lincoln Extension: Historical Materials

Nebraska communities attempt to attract new employers to the community often by providing economic incentives to the new business: direct loans or grants, infrastructure improvements (roads, power, sewer lines, etc.), purchasing real estate, and job training grants. Communities can respond more quickly to new business development opportunities if the community has a pool of community development funds available for immediate use. The 1991 Nebraska Local Option Municipal Economic Development Act allows Nebraska cities and villages to create such a fund after preparing a community economic development plan, receiving voter approval and with continuing citizen review board oversight.¹ Under current …

Extraterritorial Reach Of The Great Writ At Common Law: The Constitution Guarantees The Guantanamo Bay Detainees A Right To Habeas Corpus, Abigail S. Kurland

Florida A & M University Law Review

No abstract provided.

Ballot Issues Education For The 2008 General Election - Initiative 424: Constitutional Amendment To Prohibit Discrimination Or Preferential Treatment, J. David Aiken, Bradley D. Lubben

University of Nebraska-Lincoln Extension: Historical Materials

On November 4, 2008, Nebraska voters will consider an amendment to the state constitution to ban many state or local government affirmative action programs (unless pending court challenges nullify the vote). The proposed constitutional amendment was brought forth by petition initiative and is modeled after similar language approved by voters in California (1996), Washington (1998), and Michigan (2006). Voters in Colorado will also face the same question this year on election day while similar efforts in Arizona, Missouri, and Oklahoma failed to reach the ballot.

Katz And The Origins Of The Reasonable Expectation Of Privacy Test, Peter Winn

McGeorge Law Review

No abstract provided.

Freedom Of Association, The Communist Party, And The Hollywood Ten: The Forgotten First Amendment Legacy Of Charles Hamilton Houston, Jose Felipe Anderson

McGeorge Law Review

No abstract provided.

Protecting The Voiceless: Ensuring Ice's Compliance With Standards That Protect Immigration Detainees, Kelsey E. Papst

McGeorge Law Review

No abstract provided.

Tangled In A Web: The Difficulty Of Regulating Intrastate Internet Transmissions Under The Interstate Commerce Clause, Nathaniel H. Clark

McGeorge Law Review

No abstract provided.

Cuban Claims: Embargoed Identities And The Cuban-American Oedipal Conflict (El Grito De La Yuma), Jose M. Gabilondo

Faculty Publications

No abstract provided.

Implied Powers Beyond Functional Integration? The Flexibility Clause In The Revised Eu Treaties, Carl Lebeck

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Unqualified Interests, Definitive Definitions: Washington V. Glucksberg And The Definition Of Life, Alexa Hansen

UC Law Constitutional Quarterly

In Washington v. Glucksberg, the Supreme Court upheld a Washington statute that forbade physician-assisted suicide under rational basis review. One of the articulated state interests was the state's "unqualified interest in preserving life." However, the Court neglected to define when life ends, which would mark the end of the state's unqualified interest. Without a definition for the end of life, the Court assumed its eventual conclusion: it is impossible for an individual interest to overcome an unqualified interest in an undefined term.

By adopting "whole brain death" as the definition of the end of life, the Court would provide a …

A House Divided: How Judicial Inaction And A Circuit Split Forfeited The First Amendment Rights Of Student Journalists At America's Universities, Richard Bradley Ng

UC Law Constitutional Quarterly

In Hazelwood School District v. Kuhlmeier, the Supreme Court examined whether a high school principal's review and censorship of a student newspaper offended the First Amendment. Although the Court held that high school administrators were accorded a high degree of deference in such circumstances, the Court expressly left the question open whether the analytical framework of Hazelwood was applicable to the university setting. Without clear guidance from the Supreme Court, the federal circuit courts have split on the issue.

Because of this circuit split, geography defines the extent of both a student journalist's First Amendment rights and the states' ability …