Constitutional Law Commons^™

December 29, 2012: What Is Nihilism?, Bruce Ledewitz

Hallowed Secularism

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

December 26, 2012: One Man Promoting Gay Marriage And Religious Liberty, Bruce Ledewitz

Hallowed Secularism

Blog post, “One Man Promoting Gay Marriage And Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 23, 2012: The Egyptian Constitution, Bruce Ledewitz

Hallowed Secularism

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

Kiobel V. Royal Dutch Petroleum: Delineating The Bounds Of The Alien Tort Statute, Tara Mcgrath

Duke Journal of Constitutional Law & Public Policy Sidebar

This commentary previews the upcoming Supreme Court case, Kiobel v. Royal Dutch Petroleum Co., in which the Court will address questions regarding the Alien Tort Statute and its applicability to foreign conduct and foreign litigants. The case will require the Court to reexamine the bounds of a long-ago established tort doctrine in light of more modern considerations and developments in international law.

Affirmative Action On Life Support: Fisher V. University Of Texas At Austin And The End Of Not-So-Strict Scrutiny, Jonathan W. Rash

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Nullifying The Debt Ceiling Threat Once And For All: Why The President Should Embrace The Least Unconstitutional Option, Neil H. Buchanan, Michael C. Dorf

Cornell Law Faculty Publications

In August 2011, Congress and the President narrowly averted economic and political catastrophe, agreeing at the last possible moment to authorize a series of increases in the national debt ceiling. This respite, unfortunately, was merely temporary. The amounts of the increases in the debt ceiling that Congress authorized in 2011 were only sufficient to accommodate the additional borrowing that would be necessary through the end of 2012. In an economy that continued to show chronic weakness -- weakness that continues to this day -- the federal government would predictably continue to collect lower-than-normal tax revenues and to make higher-than-normal expenditures, …

December 20, 2012: No, God Has Not Called Them Home, Bruce Ledewitz

Hallowed Secularism

Blog post, “No, God Has Not Called Them Home“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Oath Of Office Vs. The Pledge, Larry Witner, Ron Washburn

Accounting Department Faculty Working Papers

All members of Congress take an oath of office to support the Constitution. Some of them make a pledge to Americans for Tax Reform (Grover Norquist, president) to oppose tax increases. For reasons stated in the article, we contend that the pledge has no force and effect and is not binding on members of Congress.

The article identifies and numbers 8 topics. This outline-type format helps a) to organize the subject matter, b) to highlight issues, and c) to reduce the word count as we don’t have to worry about smooth transitions.

December 16, 2012: Heller Is Good News For Gun Control, Bruce Ledewitz

Hallowed Secularism

Blog post, “Heller is Good News for Gun Control“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Arizona’S Senate Bill 1070: A Case Study On State-Sponsored Immigration Policy, Ryan Murphy

Master's Theses

This study assesses the origins of Arizona’s state-sponsored immigration policy. It attempts to identify the social dynamics within Arizona that contributed to the overwhelming public support for SB 1070. Since it has been two years after the law was passed, this analysis determines what impact the law has had thus far within the state. Finally, it postulates the future of Arizona’s immigration policy.

The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen

William & Mary Law Review

Democracy does not spontaneously occur by citizens gathering to choose laws. Instead, representative democracy takes place within an extensive legal framework that determines such matters as who gets to vote, how campaigns are conducted, and what conditions must be met for representatives to make valid law. Many of the “rules of the road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against partisan gerrymandering—which is partly responsible for the fact that most congressional districts are no longer party competitive, but instead are either safely Republican or safely Democratic—and against onerous …

Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf

William & Mary Law Review

No abstract provided.

December 12, 2012: Bringing Wal-Mart Jobs To Michigan, Bruce Ledewitz

Hallowed Secularism

Blog post, “Bringing Wal-Mart Jobs to Michigan“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 8, 2012: Another Challenge From Religious Conscience, Bruce Ledewitz

Hallowed Secularism

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

Commentary On Marriage Grants: Article Iii & Same-Sex Marriage, Neal Devins, Tara Leigh Grove

Popular Media

No abstract provided.

Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum

Touro Law Review

No abstract provided.

Appellate Division, Fourth Department - In Re Heckl, Michael Prisco

Touro Law Review

No abstract provided.

Court Of Appeals Of New York - People V. Umali, Andrew J. Vansingel

Touro Law Review

No abstract provided.

Appellate Division, First Department - People V. Martinez, Jean K. Delisle

Touro Law Review

No abstract provided.

Court Of Appeals Of New York - In Re Suarez, Malaika Makembe

Touro Law Review

No abstract provided.

Court Of Appeals Of New York - People V. White, Rosalinde Casalini

Touro Law Review

No abstract provided.

Appellate Division, First Department - People V. Boyd, Joseph M. D'Amico

Touro Law Review

No abstract provided.

Appellate Division, Fourth Department - People V. Buchanan, Jacqulyn Vann

Touro Law Review

No abstract provided.

Court Of Appeals Of New York - People V. Luciano, Natasha Shishov

Touro Law Review

No abstract provided.

Court Of Appeals Of New York - People V. Leon, Madeline Katz, Madeline Klotz

Touro Law Review

No abstract provided.

Appellate Division, First Department - People V. Williams, Brian E. Peterson

Touro Law Review

No abstract provided.

Court Of Appeals Of New York – People V. Hall, Christopher Shishko

Touro Law Review

No abstract provided.

Court Of Appeals Of New York - Giaquinto V. Comm’R Of New York State Dep’T Of Health, Heather Wine

Touro Law Review

No abstract provided.

Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn

Touro Law Review

No abstract provided.

Fisher's Fishing Expedition, Vinay Harpalani

All Faculty Scholarship

This Essay delves into the Supreme Court oral arguments in Fisher v. Texas, which occurred on October 10, 2012. It examines the exchanges between the advocates and Justices, focusing on the meaning of 'critical mass' and the quest for total race neutrality in UT admissions. It argues that both of these are futile endeavors and unnecessary to decide Fisher. The entire Fisher case is a fishing expedition - albeit one that might reel in race-conscious admissions.