Constitutional Law Commons^™

Nothing Improper? Examining Constitutional Limits, Congressional Action, Partisan Motivation, And Pretextual Justification In The U. S. Attorney Removals, David C. Weiss

Michigan Law Review

The forced mid-term resignations of nine U.S. Attorneys was an unprecedented event in American history. Nearly one year after the administration executed the removals, the House Judiciary Committee was still reviewing and publicizing emails, memoranda, and other documents in an effort to understand how the firings were effectuated. This Note examines many of those documents and concludes that the removals were likely carried out for partisan reasons. It then draws on the Constitution, Supreme Court precedent, and separation of powers principles to argue that Congress is constitutionally empowered to enact removal limitations for inferior officers such as U.S. Attorneys so …

Rights Without Remedy: The Myth Of State Court Accessibility After The Prison Litigation Reform Act, Alison Brill

Cardozo Law Review

No abstract provided.

What Is The Erie Doctrine? (And What Does It Mean For The Contemporary Politics Of Judicial Federalism?), Adam N. Steinman

Faculty Scholarship

As when Erie Railroad Co. v. Tompkins was decided seventy years ago, federal courts today are seen as more favorable to corporate and business interests than many of their state-court brethren. The current situation is due in no small part to federal courts' comparatively pro-defendant approaches to summary judgment, class certification, and other procedural issues. The Court's decision in Bell Atlantic Corp. v. Twombly, which tilts federal pleading standards in favor of defendants, will likely have similar federalism implications. This Article presents a straightforward argument that the Erie doctrine may require federal courts to follow state-law standards on summary judgment, …

October 31, 2008: John Mccain Versus Barack Obama, Bruce Ledewitz

Hallowed Secularism

Blog post, “John McCain versus Barack Obama“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 29, 2008: The Federalist Society And Free Speech, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Federalist Society and Free Speech“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 27, 2008: Religulous Again, Bruce Ledewitz

Hallowed Secularism

Blog post, “Religulous Again“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 26, 2008: I Love Jim Webb, Bruce Ledewitz

Hallowed Secularism

Blog post, “I Love Jim Webb “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 24, 2008: There Is No Pro-Life Vote In This Election, Bruce Ledewitz

Hallowed Secularism

Blog post, “ “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 23, 2008: Thinkers In The New Secularism: Chet Raymo, Bruce Ledewitz

Hallowed Secularism

Blog post, “Thinkers in the New Secularism: Chet Raymo“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 11, 2008: Governor Palin Should Resign From The Ticket, Bruce Ledewitz

Hallowed Secularism

Blog post, “Governor Palin Should Resign from the Ticket“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 20, 2008: The Jews And The 2008 Election, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Jews and the 2008 Election“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 18, 2008: The Anti-Voter Conspiracy Of The Republican Party, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Anti-Voter Conspiracy of the Republican Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Pole Dancing Reprise/Reprieve, Timothy Zick

Popular Media

No abstract provided.

October 16, 2008: The Capture Of The Protestant Right By Capitalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Capture of the Protestant Right by Capitalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 14, 2008: Netroots Nation Comes To Pittsburgh, Bruce Ledewitz

Hallowed Secularism

Blog post, “Netroots Nation Comes to Pittsburgh“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 9, 2008: Secularists Need Yom Kippur, Bruce Ledewitz

Hallowed Secularism

Blog post, “Secularists Need Yom Kippur“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 4, 2008: Biden's Take On The Wall Of Separation, Bruce Ledewitz

Hallowed Secularism

Blog post, “Biden's Take on the Wall of Separation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 2, 2008: Religulous--Are People Killing Each Other Over Religon?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Religulous--Are People Killing Each Other Over Religon?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Equal Sentences For Unequal Participation: Should The Eighth Amendment Allow All Juvenile Murder Accomplices To Receive Life Without Parole?, Brian Gallini

School of Law Faculty Publications and Presentations

No court has addressed the constitutional significance of sentencing juvenile murder accomplices who play a minimal role in the underlying killing to life in prison without parole. Indeed, no precedent makes clear whether it is cruel and unusual to impose that sentence on juvenile offenders convicted of first-degree murder pursuant to either the felony-murder doctrine or an accomplice theory of liability, notwithstanding their minimal involvement in the victim’s death. To investigate this unanswered question, Part I of this Article explores the imposition of life without parole sentences on juvenile non-killers convicted of murder via either the felony-murder doctrine or accomplice …

Freedom To Err: The Idea Of Natural Selection In Politics, Schools, And Courts, Paul D. Carrington

William & Mary Bill of Rights Journal

No abstract provided.

Metaphors And Modalities: Meditations On Bobbit's Theory Of The Constitution, Ian C. Bartrum

William & Mary Bill of Rights Journal

No abstract provided.

Changing State Laws To Prohibit The Display Of Hangman's Nooses: Tightening The Knot Around The First Amendment?, Allison Barger

William & Mary Bill of Rights Journal

No abstract provided.

Lessons From Hurricane Katrina: Prison Emergency Preparedness As A Constitutional Imperative, Ira P. Robbins

University of Michigan Journal of Law Reform

Hurricane Katrina was one of the worst natural disasters ever to strike the United States, in terms of casualties, suffering, and financial cost. Often overlooked among Katrina s victims are the 8,000 inmates who were incarcerated at Orleans Parish Prison (OPP) when Katrina struck. Despite a mandatory evacuation of New Orleans, these men and women, some of whom had been held on charges as insignificant as public intoxication, remained in the jail as the hurricane hit, and endured days of rising, toxic waters, a lack of food and drinking water, and a complete breakdown of order within OPP Wien the …

What The Hein Decision Can Tell Us About The Roberts Court And The Establishment Clause, Carl H. Esbeck

Faculty Publications

This extended essay plays off the Supreme Court's recent decision in Hein v. Freedom From Religion Foundation, Inc., 127 S. Ct. 2553 (2007) (plurality opinion), rejecting taxpayer standing where the claim on the merits challenges discretionary actions by officials in the executive branch said to violate the establishment clause. While the matter directly at hand is the scope of taxpayer standing first permitted in Flast v. Cohen (1968), the essay uses the "injury in fact" requirement for standing to delve into the manner by which the four opinions in Hein give us insight into how the Roberts Court will approach …

The Constitutionality Of Court-Martialing Civilian Contractors In Iraq, Margaret Prystowsky

Cardozo Public Law, Policy & Ethics Journal

The article examines the legal implications of outsourcing military functions to private contractors, focusing on the accountability gap under the Uniform Code of Military Justice (UCMJ). It argues that recent amendments to the UCMJ, particularly the expansion of court-martial jurisdiction over civilian contractors during declared wars and contingency operations, address this gap. The analysis concludes that these changes are constitutionally sound, given Congress's authority under Article I, Section 8, and align with legal precedent. However, the article also highlights practical challenges, such as prosecutorial discretion and limited penalties, which may undermine the effectiveness of these reforms.

Justice Kennedy's Short-Lived Libertarian Revolution: A Brief History Of Supreme Court Libertarian Ideology, Stephen O'Hanlon

Cardozo Public Law, Policy & Ethics Journal

This paper contends that Justice Anthony Kennedy did not initiate a libertarian jurisprudential revolution following Lawrence v. Texas. The article begins with an overview of constitutional fundamental rights jurisprudence and examines similarities with libertarian theory.

The paper then assesses the legal decisions of Justice Kennedy but concludes that Justice Kennedy is not a libertarian. This provides the basis for critiquing Professor Randy Barnett's assertion that Justice Kennedy was the instigator of a libertarian revolution in U.S. Supreme Court jurisprudence. The fact that Justice Kennedy is not a libertarian is apparent from his reasoning in the recent partial birth abortion …

The "Foundations" Of Anti-Foundationalism - Or, Taking The Ninth Amendment Lightly: A Comment On Daniel A. Farber's Book On The Ninth Amendment, Thomas B. Mcaffee

Nevada Law Journal

No abstract provided.

Researching Initiatives And Referendums: A Guide For Florida, Elizabeth Outler

UF Law Faculty Publications

In Florida, direct democracy at the state level consists entirely of the initiative method of amending the State constitution. This constitutional provision was partly a response to the State’s history of obstacles to affording equitable legislative representation to all its citizens, a struggle with roots dating back to the Reconstruction era. The State constitution, governing statutes and regulations, and the Division of Elections Web site serve as the primary sources of information and guidance for those interested in the process of amending the State constitution by citizen-sponsored initiative.

Limiting The Federal Pardon Power, Kristen H. Fowler

Indiana Law Journal

No abstract provided.

Balco, The Steroids Scandal, And What The Already Fragile Secrecy Of Federal Grand Juries Means To The Debate Over A Potential Federal Media Shield Law, Peter Meyer

Indiana Law Journal

No abstract provided.