Constitutional Law Commons^™

September 5, 2011: Happy Labor Day, Bruce Ledewitz

Hallowed Secularism

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

September 2, 2011: Hilary Putnam Misinterprets The Oven Of Aknai Story, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hilary Putnam Misinterprets the Oven of Aknai Story“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti

Buffalo Public Interest Law Journal

No abstract provided.

When Push Comes To Shove: Mandatory Immunization In Times Of Pandemic-Type Emergencies, Philip P. Houle, Suzanne R. Houle

Buffalo Public Interest Law Journal

No abstract provided.

Property, Liberty, And The Rights Of The Community: Lessons From Munn V. Illinois, Paul Kens

Buffalo Public Interest Law Journal

When considering the extent to which the United States Constitution places a limit on government regulation of business, today's historians and constitutional theorists treat the question as a matter of balancing economic liberty or property rights against government power. Moreover, modem scholars commonly maintain that this balancing formula represents the predominant tradition in constitutional history. Tracing it back to the tenants of Jacksonian democracy that emphasized distrust of government, they imply that constitutional history has developed as a straight line: always with an emphasis on individual liberty and always with a presumption that entrepreneurial liberty should be favored over governments' …

Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal

Connecticut Public Interest Law Journal

No abstract provided.

Examining Entrenched Masculinities In The Republican Government Tradition, Jamie R. Abrams

West Virginia Law Review

No abstract provided.

J.D.B. V. North Carolina And The Reasonable Person, Christopher Jackson

Michigan Law Review First Impressions

This Term, the Supreme Court was presented with a prime opportunity to provide some much-needed clarification on a "backdrop" issue of law-one of many topics that arises in a variety of legal contexts, but is rarely analyzed on its own terms. In J.D.B. v. North Carolina, the Court considered whether age was a relevant factor in determining if a suspect is "in custody" for Miranda purposes, and thus must have her rights read to her before being questioned by the police. Miranda, like dozens of other areas of law, employs a reasonable person test on the custodial question: it asks …

Section 2: Structure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Intersection Of Laicite And American Secularism: The French Burqa Ban In The Context Of United States Constitutional Law, Mary-Caitlin Ray

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Csli Disclosure: Why Probable Cause Is Necessary To Protect What’S Left Of The Fourth Amendment, Steven M. Harkins

Washington and Lee Law Review

No abstract provided.

Where Do We Go From Here: Plea Colloquy Warnings And Immigration Consequences Post-Padilla, Vivian Chang

University of Michigan Journal of Law Reform

This Note argues for the passage of criminal procedure rules that would require judges to warn criminal defendants about immigration consequences at plea colloquy. Part I addresses the overlap of criminal and immigration law, arguing that the increased use of the criminal justice system to police federal immigration laws calls for greater protection of non-citizen defendants at plea colloquy. Part II then addresses the legal duties imposed on both defense counsel and trial courts in relation to plea colloquy. Padilla merely addressed the duty of defense counsel to provide constitutionally effective assistance before plea colloquy and did not reach the …

Nonbelievers, Nelson Tebbe

Cornell Law Faculty Publications

How should courts handle nonbelievers who bring religious freedom claims? Although this question is easy to grasp, it presents a genuine puzzle because the religion clauses of the Constitution, along with many contemporary statutes, protect only religion by their terms. From time to time, judges and lawyers have therefore struggled with the place of nonbelievers in the American scheme of religious freedom. Today, this problem is gaining prominence because of nonbelievers’ rising visibility. New lines of social conflict are forming around them, generating disputes that have already gone legal. In this Article, I argue that no wholesale response will do. …

Litigating Against An Epidemic: Hiv/Aids And The Promise Of Socioeconomic Rights In South Africa, Nathaniel Bruhn

Michigan Journal of Race and Law

With one of the highest incidence rates in the world, the HIV/AIDS epidemic has taken a large toll on South Africa. Despite medical advances that have made the disease more manageable, many South Africans still do not have access to the medicines needed to control the disease. At the same time, the Constitution of South Africa grants individuals far-reaching socioeconomic rights, including the right to access health care. This Comment explores the intersection of the socioeconomic rights and the HIV/AIDS crisis. Although the Constitutional Court has developed a deferential approach to enforcing socioeconomic rights, substantial room remains to litigate on …

The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo

Michigan Journal of Race and Law

In Grutter v. Bollinger, the U.S. Supreme Court upheld affirmative action at the University of Michigan Law School on the grounds of educational diversity. Yet the Court's assumption that admitting diverse students into law school would result in improved race relations, livelier classroom conversations, and better professional outcomes for students has never been empirically tested. This Article relies on survey and focus group data collected at the University of Michigan Lav School campus itself in March 2010 to examine not only whether, but how diversity affects learning. The data indicate both that there are sufficient numbers of students of color …

The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann

Faculty Publications

Although an individual has control over many of the statements, acts, and other biographical data points that are used to construct her reputation, she does not ultimately have control over the result of that reputational assessment, the pronouncement of which is a task reserved to others. Reputation is fundamentally a social concept; it does not exist until a community collectively forms a judgment about an individual or firm that has the potential to guide the community’s future interactions. Despite reputation’s relational nature, discussions of the law’s interest in reputation tend to focus on one of two parties: the individual or …

Does Qualified Immunity Matter?, Alexander A. Reinert

Articles

In litigation brought pursuant to Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971), most commentators agree that qualified immunity plays a substantial role in limiting plaintiffs' ability to recover compensation. Many find this tradeoff acceptable, in part because of concerns of fairness to government official defendants and in part because courts may still play a central role in announcing the law without worrying over the retroactive effect their decision will have on the personal funds of the defendant official.

This paper considers the different role that qualified immunity may play in …

August 31, 2011: How To Make Our Religion Divisions Worse, Bruce Ledewitz

Hallowed Secularism

Blog post, “How To Make Our Religion Divisions Worse“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Constitutional Legitimacy: Sharia Law, Secularism And The Social Compact, Zia Akhtar

Indonesia Law Review

This article considers the general points relating to the application of Sharia law which challenges legislators in the political instability of a number of Middle Eastern countries. The question explored is how governments of these countries who are facing discontent can work towards constitutional governance. As an example comparison is made between the Islamic Republic of Pakistan and Indonesia with the largest Muslim populations. In Pakistan an inherited Westminster Parliamentary system with a common law codified dated at the time of the British rule is supplemented by criminal penalties as present in the Hudood ordinances. These codes enforce punishments for …

August 28, 2011: God As “A Symbolic Term”, Bruce Ledewitz

Hallowed Secularism

Blog post, “God as “a symbolic term”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 26, 2011: Rethinking Secularism Or Enjoying It?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Rethinking Secularism or Enjoying It?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 25, 2011: Duquesne University Law School To Probe The Future Of The Establishment Clause, Bruce Ledewitz

Hallowed Secularism

Blog post, “Duquesne University Law School to Probe The Future of the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 20, 2011: Ronald Dworkin Fails To Learn His Lesson, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ronald Dworkin Fails to Learn His Lesson“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 17, 2011: Check Out James Wood On The Joy Of Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Check Out James Wood on The Joy of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 14, 2011: The Fourth Circuit Gets A Prayer Decision Wrong, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Fourth Circuit Gets a Prayer Decision Wrong“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 11, 2011: Governor Rick Perry’S Prayer Event, Bruce Ledewitz

Hallowed Secularism

Blog post, “Governor Rick Perry’s Prayer Event“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 7, 2011: Downgrading The Downgraders, Bruce Ledewitz

Hallowed Secularism

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

August 5, 2011: The Exchange Continues At Secularconscience Blogspot, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Exchange Continues at Secularconscience Blogspot“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 1, 2011: Maybe There Is No Such Thing As Establishment Of Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Maybe There is No Such Thing As Establishment of Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Does Legalzoom Have First Amendment Rights? Some Thoughts About Freedom Of Speech And The Unauthorized Practice Of Law, Catherine J. Lanctot

Working Paper Series

At a time of economic dislocation in the legal profession, it is likely that bar regulators will turn their attention to pursuing lay entities that appear to be engaged in the unauthorized practice of law. One prominent target of these efforts is LegalZoom, an online document preparer that has come under increasing pressure from the organized bar for its marketing and sale of basic legal documents. As regulatory pressure against LegalZoom and similar companies continues to mount, it is worth considering whether there may be unanticipated consequences from pursuing these unauthorized practice claims. In several well-known instances, lay people have …