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Constitutional Law Commons™

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2009

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Articles 61 - 90 of 795

Full-Text Articles in Constitutional Law

The "Principal" Reason Why The Pcaob Is Unconstitutional, Gary S. Lawson Nov 2009

The "Principal" Reason Why The Pcaob Is Unconstitutional, Gary S. Lawson

Faculty Scholarship

The Constitution creates very few federal offices. It creates the House and Senate, the Speaker of the House and the President pro tempore of the Senate, the President, the Vice President, and the Supreme Court--and that is it. The Constitution clearly contemplates that there will be other federal “Officers,” who the President must commission and who Congress may impeach and remove, but the document does not itself create those positions. Instead, it provides general authorization to Congress (in conjunction with the President's presentment power and the Vice President's modest voting authority) to “make all Laws which shall be necessary and …

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Talking Originalism , Andrew B. Coan Nov 2009

Talking Originalism , Andrew B. Coan

BYU Law Review

No abstract provided.

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Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Constitutionalism , Mary Ziegler Nov 2009

Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Constitutionalism , Mary Ziegler

BYU Law Review

No abstract provided.

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Fair Presentation And Exhaustion: The Search For Identical Standards, Jonah Wexler Nov 2009

Fair Presentation And Exhaustion: The Search For Identical Standards, Jonah Wexler

Cardozo Law Review

No abstract provided.

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Due Process And Targeted Killing Of Terrorists, Richard Murphy, Afsheen John Radsan Nov 2009

Due Process And Targeted Killing Of Terrorists, Richard Murphy, Afsheen John Radsan

Cardozo Law Review

"Targeted killing" is extra-judicial, premeditated killing by a state of a specifically identified person not in its custody. States have used this tool, secretly or not, throughout history. In recent years, targeted killing has generated new controversy as two states in particular - Israel and the United States - have struggled against opponents embedded in civilian populations. As a matter of express policy, Israel engages in targeted killing of persons it deems members of terrorist organizations involved in attacks on Israel. The United States, less expressly, has adopted a similar policy against al Qaeda - particularly in the border areas …

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Barriers To Representation For Detained Immigrants Facing Deportation: Varick Street Detention Facility, A Case Study, Peter L. Markowitz Nov 2009

Barriers To Representation For Detained Immigrants Facing Deportation: Varick Street Detention Facility, A Case Study, Peter L. Markowitz

Articles

There is an evolving crisis in the immigration courts and federal courts of appeals caused by the lack of quality representation for immigrants facing deportation. The problem is particularly acute for immigrants who are detained during their removal proceedings. As part of the Study Group on Immigrant Representation (Katzmann study group), the Subcommittee on Enhancing Mechanisms for Service Delivery undertook a case study of the institutional and legal barriers to quality legal representation for immigrants held at the Varick Street Detention Facility in New York City. Through this lens we hope to offer some useful insights into the core factors …

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October 31, 2009: The Debate Over The Future Of Secularism, Bruce Ledewitz Oct 2009

October 31, 2009: The Debate Over The Future Of Secularism, Bruce Ledewitz

Hallowed Secularism

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

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October 20, 2009: Are Secularists As Good As Believers?, Bruce Ledewitz Oct 2009

October 20, 2009: Are Secularists As Good As Believers?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Are Secularists as Good as Believers?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

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Constitutional Solipsism: Toward A Thick Doctrine Of Article Iii Duty; Or Why The Federal Circuits’ Nonprecedential Status Rules Are (Profoundly) Unconstitutional, Penelope J. Pether Oct 2009

Constitutional Solipsism: Toward A Thick Doctrine Of Article Iii Duty; Or Why The Federal Circuits’ Nonprecedential Status Rules Are (Profoundly) Unconstitutional, Penelope J. Pether

Working Paper Series

Constitutional Solipsism is the fourth in a series of articles on aspects of the private judging practices which have come to characterize the U.S. state and federal courts since the late 1950s. The first, Inequitable Injunctions: The Scandal of Private Judging in the U.S. Courts, 56 STAN. L. REV. 1435 (2004) gave a critical historical account of the development of the “practices of private judging” in U.S. Courts. Take a Letter, Your Honor: Outing the Judicial Epistemology of Hart v. Massanari, 62 WASH. & LEE L. REV. 1553 (2005), analyzed the development of a distinctive U.S. theory of precedent. Sorcerers, …

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Cruelty, Prison Conditions, And The Eighth Amendment, Sharon Dolovich Oct 2009

Cruelty, Prison Conditions, And The Eighth Amendment, Sharon Dolovich

Georgetown Law Faculty Publications and Other Works

The Eighth Amendment prohibits cruel and unusual punishment, but its normative force derives chiefly from its use of the word cruel. For this prohibition to be meaningful in a society where incarceration is the primary mode of criminal punishment, it is necessary to determine when prison conditions are cruel. Yet the Supreme Court has thus far avoided this question, instead holding in Farmer v. Brennan that unless some prison official actually knew of and disregarded a substantial risk of serious harm to prisoners, prison conditions are not “punishment” within the meaning of the Eighth Amendment. Farmer’s reasoning, however, does not …

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October 25, 2009: Secularism Is Growing; But What Kind Of Secularism?, Bruce Ledewitz Oct 2009

October 25, 2009: Secularism Is Growing; But What Kind Of Secularism?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Secularism Is Growing; But What Kind of Secularism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

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October 23, 2009: Why Does The New Atheism Fail?, Bruce Ledewitz Oct 2009

October 23, 2009: Why Does The New Atheism Fail?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Does the New Atheism Fail?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

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October 18, 2009: Where Does Relativism Come From?, Bruce Ledewitz Oct 2009

October 18, 2009: Where Does Relativism Come From?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Where Does Relativism Come From?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

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October 16, 2009: Higher Law In The Public Square Meets The High School Cheerleader, Bruce Ledewitz Oct 2009

October 16, 2009: Higher Law In The Public Square Meets The High School Cheerleader, Bruce Ledewitz

Hallowed Secularism

Blog post, “Higher Law in the Public Square Meets the High School Cheerleader“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

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October 12, 2009: Steve Waldman Doesn't Get The Cross, Bruce Ledewitz Oct 2009

October 12, 2009: Steve Waldman Doesn't Get The Cross, Bruce Ledewitz

Hallowed Secularism

Blog post, “Steve Waldman Doesn't Get the Cross“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

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October 10, 2009: President Obama's Nobel Peace Prize, Bruce Ledewitz Oct 2009

October 10, 2009: President Obama's Nobel Peace Prize, Bruce Ledewitz

Hallowed Secularism

Blog post, “President Obama's Nobel Peace Prize“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

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October 7, 2009: The Temptations Of Standing, Bruce Ledewitz Oct 2009

October 7, 2009: The Temptations Of Standing, Bruce Ledewitz

Hallowed Secularism

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

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October 4, 2009: I Left Judaism Because I Am Ross Douthat And Not Karen Armstrong, Bruce Ledewitz Oct 2009

October 4, 2009: I Left Judaism Because I Am Ross Douthat And Not Karen Armstrong, Bruce Ledewitz

Hallowed Secularism

Blog post, “I Left Judaism Because I am Ross Douthat and not Karen Armstrong“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

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October 2, 2009: Higher Law In The Public Square, Bruce Ledewitz Oct 2009

October 2, 2009: Higher Law In The Public Square, Bruce Ledewitz

Hallowed Secularism

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

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Section 5: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School Oct 2009

Section 5: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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Brief Of Eleven Law Professors And Aarp As Amici Curiae In Support Of Respondent, Bilski V. Kappos, 130 S. Ct. 3218 (2010) (No. 08-964), Joshua Sarnoff, Lori Andrews, Andrew Chin, Ralph Clifford, Christine Farley, Sean Flynn, Debra Greenfield, Peter Jaszi, Charles Mcmanis, Lateef Mtima, Malla Pollack Oct 2009

Brief Of Eleven Law Professors And Aarp As Amici Curiae In Support Of Respondent, Bilski V. Kappos, 130 S. Ct. 3218 (2010) (No. 08-964), Joshua Sarnoff, Lori Andrews, Andrew Chin, Ralph Clifford, Christine Farley, Sean Flynn, Debra Greenfield, Peter Jaszi, Charles Mcmanis, Lateef Mtima, Malla Pollack

Amicus Briefs & Court Filings

This is the brief filed by Joshua Sarnoff and Barbara Jones on behalf of various law professors and AARP in the Bilski v. Kappos case, discussing constitutional limits to the Patent power.

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The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz Oct 2009

The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz

Nebraska State Constitution

No abstract provided.

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Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen Oct 2009

Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen

Faculty Publications and Presentations

This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother's former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …

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Reasonableness As A Rule: A Paean To Justice O'Connor's Dissent In Atwater V. City Of Lago Vista, Wayne A. Logan Oct 2009

Reasonableness As A Rule: A Paean To Justice O'Connor's Dissent In Atwater V. City Of Lago Vista, Wayne A. Logan

Scholarly Publications

This paper, part of a symposium dedicated to “great” Fourth Amendment dissents, examines Justice Sandra Day O’Connor's dissent in Atwater v. City of Lago Vista (2001), where by a 5-4 vote the Court upheld the constitutionality of warrantless police arrests for non-breach of the peace, fine-only offenses. In addition to rightfully condemning the majority's decision to equate probable cause with constitutional reasonableness, in principle, Justice O’Connor presciently recognized the numerous liberty and privacy-restricting consequences of the outcome for the “everyday lives of Americans.” Atwater, combined with decisions issued before and after it, including Whren v. United States, Devenpeck …

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Ineffective Assistance Of Counsel And The U.S. Supreme Court: History And Development Of A Constitutional Standard, Virginia Hatch Oct 2009

Ineffective Assistance Of Counsel And The U.S. Supreme Court: History And Development Of A Constitutional Standard, Virginia Hatch

Criminal Justice Graduate Projects and Theses

The purpose of this research project is to complete an exhaustive review of the U.S. Supreme Court cases in which the Court ruled on ineffective assistance of counsel (IAC) claims. The cases are examined to study how the Supreme Court has interpreted the constitutional right to effective counsel. Further, I examined how the standard for judging IAC claims has evolved since its first recognition by the Supreme Court. There are 46 decisions by the Court that address IAC claims. In addition to reviewing the case law, relevant law reviews and social science academic journal articles are examined and incorporated in …

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Contingent Constitutionalism: State And Local Criminal Laws And The Applicability Of Federal Constitutional Rights, Wayne A. Logan Oct 2009

Contingent Constitutionalism: State And Local Criminal Laws And The Applicability Of Federal Constitutional Rights, Wayne A. Logan

Scholarly Publications

Americans have long been bound by a shared sense of constitutional commonality, and the Supreme Court has repeatedly condemned the notion that federal constitutional rights should be allowed to depend on distinct state and local legal norms. In reality, however, federal rights do indeed vary, and they do so as a result of their contingent relationship to the diversity of state and local laws on which they rely. Focusing on criminal procedure rights in particular, this Article examines the benefits and detriments of constitutional contingency, and casts in new light many enduring understandings of American constitutionalism, including the effects of …

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From Privacy To Liberty: The Fourth Amendment After Lawrence, Thomas P. Crocker Oct 2009

From Privacy To Liberty: The Fourth Amendment After Lawrence, Thomas P. Crocker

Faculty Publications

This Article explores a conflict between the protections afforded interpersonal relations in Lawrence v. Texas and the vulnerability experienced under the Fourth Amendment by individuals who share their lives with others. Under the Supreme Court's third-party doctrine, we have no constitutionally protected expectation of privacy in what we reveal to other persons. The effect of this doctrine is to leave many aspects of ordinary life shared in the company of others constitutionally unprotected. In an increasingly socially networked world, the Fourth Amendment may fail to protect precisely those liberties-to live in the company of others free from state surveillance and …

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Constitutions, International Law, And The Settlement Function Of Law: A Schema For Further Reflection, Larry Alexander Oct 2009

Constitutions, International Law, And The Settlement Function Of Law: A Schema For Further Reflection, Larry Alexander

San Diego International Law Journal

Imagine a community living in a defined geographical area. Its members generally believe that their actions should be guided by moral norms, and they generally comply with those norms as they understand them. And, from our external vantage point, we believe that they are indeed subject to moral norms and should comply with them, both in dealing with each other and with those outside their community....

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Deed Of Mistrust?: The Use Of Land Transfers To Evade The Establishment Clause, David C. Peet Oct 2009

Deed Of Mistrust?: The Use Of Land Transfers To Evade The Establishment Clause, David C. Peet

American University Law Review

No abstract provided.

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Our Schizoid Approach To The United States Constitution: Competing Narratives Of Constitutional Dynamism And Stasis, Sanford Levinson Oct 2009

Our Schizoid Approach To The United States Constitution: Competing Narratives Of Constitutional Dynamism And Stasis, Sanford Levinson

Indiana Law Journal

Jerome Hall Lecture at the Indiana University Maurer School of Law - Bloomington on October 3, 2008

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