Constitutional Law Commons^™

Let Presidential Hopefuls Have Their Say, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

The announcement by the Presidential Elections Committee (PEC) of the prospective candidates who have been issued certificates of eligibility for the 2011 presidential election in Singapore makes interesting reading for what it does and does not say. The Committee’s decision-making process is also fairly opaque. It is submitted the rules governing the PEC’s task should be reviewed before the next election. At least, it is hoped future Committees will adopt as constitutional conventions the practices of granting hearings to applicants, announcing decisions well ahead of nomination day, and issuing full reasons.

July 28, 2011: Is Anders Breivik A Christian Terrorist Or Not?, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Is Anders Breivik a Christian Terrorist Or Not?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 26, 2011, The Heat, Bruce Ledewitz

Hallowed Secularism

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

Stereotype Threat In Criminal Interrogations: Why Innocent Black Suspects Are At Risk For Confessing Falsely, Cynthia J. Najdowski

Psychology Faculty Scholarship

Little theoretical attention has been paid to evidence that Blacks are overrepresented in samples of false confessors compared to Whites. One possible explanation is that innocent Black suspects experience stereotype threat in interrogations and that this threat causes Black suspects to experience more arousal, self-regulatory efforts, and cognitive load compared to White suspects. These psychological mechanisms could lead innocent Black suspects to display more nonverbal behaviors associated with deception and, ironically, increase the likelihood that police investigators perceive them as guilty. In response, investigators might engage in more coercive tactics and exert more pressure to confess on Black suspects than …

July 23, 2011: The National Day Of Prayer, Bruce Ledewitz

Hallowed Secularism

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

July 15, 2011: Radio Interview With Barry Lynn, Bruce Ledewitz

Hallowed Secularism

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

July 20, 2011: This Proposed Constitutional Amendment Shows Contempt For Democracy, Bruce Ledewitz

Hallowed Secularism

Blog post, “This Proposed Constitutional Amendment Shows Contempt for Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 17, 2011: Is Harry Potter Secular?, Bruce Ledewitz

Hallowed Secularism

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

Executions In America: How Constitutional Interpretation Has Restricted Capital Punishment, Andrea Paone

Pell Scholars and Senior Theses

In upholding the constitutionality of capital punishment, the United States Supreme Court has utilized a strict construction interpretation of the Fourteenth Amendment's Due Process Clause, which has led the opponents of capital punishment to abandon the Due Process approach and look to the Eighth Amendment, for which the justices utilize a loose construction interpretation.

July 12, 2011: The Utah Bigamy Law Challenge, Bruce Ledewitz

Hallowed Secularism

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

July 10, 2011: What Is God, Anyway?, Bruce Ledewitz

Hallowed Secularism

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

July7, 2011: Check Out Acs Booktalk, Bruce Ledewitz

Hallowed Secularism

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

Hotline For Migrant Workers V. Minister Of Defense, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.] 

A petition submitted by a number of human rights organizations that seeks to examine Israel’s policy regarding deporting to Egypt groups of foreigners entering Israel unlawfully through the Sinai, and who remain in areas under Israeli jurisdiction or on its international border, and this soon after their entry into Israeli territory (hereinafter: the arranged deportation.) The petition wishes to test the above policy, particularly …

An Illusory Right To Appeal: Substantial Constitutional Questions At The New York Court Of Appeals, Meredith R. Miller

Pace Law Review

No abstract provided.

Judicial Interference With Effective Assistance Of Counsel, Bennett L. Gershman

Pace Law Review

Probably the most damaging external impediment to a lawyer’s ability to render effective assistance to a client may come from the interference by the trial judge in counsel’s advocacy. A judge supervises the conduct of a trial but he is more than a mere umpire or moderator. A trial judge, by his rulings, questions, and comments, has an enormous capacity to affect the merits of a party’s case and thereby influence the verdict of the jury. To be sure, the basic requirement of a trial judge, both legally and ethically, is to be impartial in demeanor as well as in …

July 5, 2011: Happy Fourth Of July, Bruce Ledewitz

Hallowed Secularism

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

July 2, 2011: What Did I Learn From The Huffington Post Piece?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Did I Learn From the Huffington Post Piece?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

American Constitutional Law, Otis Stephens

College of Law Faculty Scholarship

No abstract provided.

Representation Without Documentation?: Unlawfully Present Aliens, Apportionment, The Doctrine Of Allegiance, And The Law, Patrick J. Charles

Brigham Young University Journal of Public Law

No abstract provided.

Constitutional Aesthetics: Appending Amendments To The United States Constitution, Mehrdad Payandeh

Brigham Young University Journal of Public Law

No abstract provided.

Playing Well With Others -- But Still Winning: Chief Justice Roberts, Precedent, And The Possibilities Of A Multi Member Court, William D. Araiza

Faculty Scholarship

No abstract provided.

Book Review: Concepts In Law: Whom Should You Trust? Plans, Pragmatism, And Legality, Thomas P. Crocker

Faculty Publications

No abstract provided.

Agency Independence After Pcaob, Kevin M. Stack

Vanderbilt Law School Faculty Publications

Separation of powers has a new endeavor. The PCAOB decision makes the validity of good-cause removal protections depend on the separation of adjudicative from policymaking and enforcement functions within the agency. At a minimum, within independent agencies, it preserves the second layer of removal protection only for dedicated adjudicators. But its logic extends further. In PCAOB, the demand for political supervision over rulemaking and enforcement trumped Congress's choice to preserve the independence of officials who perform those roles and also adjudicate. In that way, PCAOB reversed the consistent constitutional validation of good-cause removal protections for those who engage in adjudication. …

Government Sponsored Social Media And Public Forum Doctrine Under The First Amendment: Perils And Pitfalls, Lyrissa Lidsky

Faculty Publications

Between the extremes of no interactivity and complete interactivity, it is difficult to predict whether courts will label a government sponsored social media site a public forum or not. But it is precisely "in between" where government actors are likely to wish to engage citizens and where citizens are most likely to benefit from government social media initiatives. The goal of this article, therefore, is to provide guidance to lawyers trying to navigate the morass that is the U.S. Supreme Court's public forum jurisprudence in order to advise government actors wishing to establish social media forums.

Retail Rebellion And The Second Amendment, Darrell A. H. Miller

Indiana Law Journal

When, if ever, is there a Second Amendment right to kill a cop? This piece seeks to answer that question. In District of Columbia v. Heller, the Supreme Court held that the Second Amendment codifies a natural right to keep and bear arms for selfdefense. That right to self-defense extends to both private and public threats, including self-defense against agents of a tyrannical government. Moreover, the right is individual. Individuals―not just communities―have the right to protect themselves from public violence. Individuals―not just militias―have the right to defend themselves against tyranny. In McDonald v. City of Chicago, the Court went further, …

The Framers' Intent: John Adams, His Era, And The Fourth Amendment, Thomas K. Clancy

Indiana Law Journal

No abstract provided.

A Review Of Constitutional Theocracy, By Ran Hirschl, Sadia Saeed

Indiana Journal of Global Legal Studies

No abstract provided.

Gonzales V. City Of Bozeman: The Public Duty Doctrine's Unconstitutional Treatment Of Government Defendants In Tort Claims, Lee C. Baxter

Montana Law Review

Gonzales v. City of Bozeman: The Public Duty Doctrine

Going With The Flow: The Montana Court's Conservative Approach To Constitutional Interpretation, Jack Tuholske

Montana Law Review

Interpreting Montana's Constitution

Access To Network Services And Protection Of Constitutional Rights: Recognizing The Essential Role Of Internet Access For The Freedom Of Expression, Nicola Lucchi

Cardozo Journal of International and Comparative Law

In January 2010, after a troubled process, the French law for "creation and Internet," commonly known as "HADOPI 2," was finally adopted in an amended form. The enacted text was the result of corrective action undertaken by the Conseil constitutionnel [Constitutional Council] (France's highest constitutional authority), through Decision No. 2009580DC of the 10th of June 2009. In coming to its conclusion the Conseil constitutionnel examined the mechanism of sanctions introduced by the regulatory measure, assessing compliance with such fundamental rights and freedoms as the presumption of innocence, the separation of powers, the right of defense, the right to fair trial, …