Constitutional Law Commons^™

Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns

Seattle Journal for Social Justice

No abstract provided.

Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins

Seattle Journal for Social Justice

No abstract provided.

Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee

Seattle Journal for Social Justice

No abstract provided.

Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd

Seattle Journal for Social Justice

No abstract provided.

Jurisdiction And The Enforcement Of Foreign Judgments, Tanya Monestier

Law Faculty Scholarship

No abstract provided.

Autochthonous Constitutional Design In Post-Colonial Singapore: Intimations Of Confucianism And The Leviathan In Entrenching Dominant Government, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

Does Singapore's approach to institutional design vis-avis political representation prioritize strong and effective government, or is the goal one that is geared towards a representative government as a means of enhancing political governance? his paper examines the series of amendments to Singapore's Constitution and related legislation, between 1984 and 1990, and in 2010, which relate to political representation in Singapore's electoral system and unicameral legislature. At one level, the changes are part of the endeavor to retain Parliament's standing as the focal point of Singapore's Westminstermodeled system of government. The constitutional changes reflect the political elites' abiding belief that institutional …

The Inclusiveness Of The New Originalism, James E. Fleming

Faculty Scholarship

In tracing the arc of originalism from the old originalism to the new, I observe a shift from an exclusionary outlook to an inclusionary outlook, reflected in new originalists’ proclamations that “we are all originalists now.” As my title suggests, I am going to bring out the inclusiveness of the new originalism and ponder its implications. The new originalists have emphasized two developments: (1) the movement from a focus on “intention of the framers” to “original public meaning” and (2) the articulation of and emphasis on the distinction between interpretation and construction. My main points are two. First, the inclusiveness …

October 31, 2013: Hypocrisy Over Turkey, Bruce Ledewitz

Hallowed Secularism

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

October 26, 2013: In God We Trust In The Public Schools, Bruce Ledewitz

Hallowed Secularism

Blog post, “In God We Trust in the Public Schools“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India, Lennon Banks Haas

Georgia Journal of International & Comparative Law

No abstract provided.

The Plight Of Bi-National Same-Sex Couples In America, Michael Rivers

Touro Law Review

No abstract provided.

The Doctor Will See You Now: An Argument For Amending The Licensing Process For Handguns In New York City, Alexander C. Depalo

Touro Law Review

No abstract provided.

Delegation And The Destruction Of American Liberties: The Affordable Care Act And The Contraception Mandate, Michael Barone, Jr.

Touro Law Review

No abstract provided.

Pledge, Promise, Or Commit: New York's Tenuous Limitations On Judicial Campaign Speech, Noah Hertz-Bunzl

Touro Law Review

No abstract provided.

Are There Still Collateral Consequences In New York After Padilla?, John H. Wilson

Touro Law Review

No abstract provided.

October 18, 2013: One Cheer For John Boehner, Bruce Ledewitz

Hallowed Secularism

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

Speech As A Weapon: Planned Parenthood V. American Coalition Of Life Activists And The Need For A Reasonable Listener Standard, Alex J. Berkman

Touro Law Review

No abstract provided.

Some Thoughts On Sanford Levinson’S “Divided Loyalties: The Problem Of 'Dual Sovereignty' And Constitutional Faith”, David Novak

Touro Law Review

Analyzes the two divided loyalties that Levinson faces in "Divided Loyalties: The Problem of 'Dual Sovereignty' and Constitutional Faith."

Israel's Constitutional Tragedy, Menachem Lorberbaum

Touro Law Review

No abstract provided.

Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston

Touro Law Review

No abstract provided.

Navigating The Space Between Dueling Sovereigns, Miriam Galston

Touro Law Review

No abstract provided.

Divided Loyalties: The Problem Of “Dual Sovereignty” And Constitutional Faith, Sanford Levinson

Touro Law Review

Sanford Levinson provides the inaugural lecture of the new Jewish Law Institute at Touro Law School. He focuses on some of the ways that he finds himself constantly thinking of what might be termed "meta-issues" that arise in his joint study of, and intellectual confrontation with, Jewish law and American constitutional law.

The Moonscape Of Tax Equality: Windsor And Beyond, Anthony C. Infanti

NULR Online

No abstract provided.

State Action Problems, Christian Turner

Florida Law Review

The state action doctrine is a mess. Explanations for why federal courts sometimes treat the private actions of private parties as public actions subject to the Constitution, as the Supreme Court did in Shelley v. Kraemer, are either vastly over-inclusive or fail to explain our law and values. A better approach is to understand the state action doctrine in institutional terms. I introduce a two-step, institutionally focused state action theory that is a natural consequence of a broader public–private theory of legal systems. In the first step, a court identifies a “state action problem,” meaning a privately made law …

The First Amendment, Equal Protection And Felon Disenfranchisement: A New Viewpoint, Janai S. Nelson

Florida Law Review

This Article engages the equality principles of the First Amendment and the Equal Protection Clause to reconsider the constitutionality of one of the last and most entrenched barriers to universal suffrage—felon disenfranchisement. A deeply racialized felon disenfranchisement is additionally and independently a legislative problem, judgment as to which citizen’s ideas are worthy of inclusion in the electorate. Relying on a series of cases involving state interests in protecting the ballot and promoting its intelligent use, this Article demonstrates that felon disenfranchisement is open to attack under the Supreme Court’s fundamental rights jurisprudence when it is motivated by a desire to …

Constitutional Authority Statements In Congress, Hanah Metchis Volokh

Florida Law Review

The structure of this Article is as follows. Part I discusses Congress’s authority and institutional capacity to interpret the Constitution. Part II situates constitutional authority statements within existing debates over constitutional interpretation outside the courts. Congress must necessarily make decisions about constitutional meaning when it legislates. Most scholars believe Congress has at least some independent authority to interpret the Constitution, while others think Congress should follow Supreme Court doctrine even when Congress disagrees. Regardless of which theory is correct, Congress needs to consider constitutionality (however defined) when legislating. CASs increase Congress’s capacity to do so by creating an institutional mechanism …

Wael & Co. V. National Water And Sewage Authority, Salim Joubran, Neal Hendel, Elyakim Rubinstein

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.]

An appeal addressing the Water (Extraction Levy) Regulations, 5760-2000, in the framework of which the extent of the water levies for extracting water in Israel were prescribed (hereinafter: the "Water Regulations" or the "Regulations"), the legality thereof and the validity of the process of promulgation thereof. The main question in the matter at hand relates to whether or not, pursuant …

October 5, 2013: Break From Blogging, Bruce Ledewitz

Hallowed Secularism

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

Summary Of North Lake Tahoe Fire V. Washoe County Commissioners, 129 Nev. Adv. Op. 409, Erica Nannini

Nevada Supreme Court Summaries

The court determined two issues: (1) whether County Commissioners’ actions withholding property tax distributions to offset the cost of refunds was proper under Nevada’s current statutory scheme; and (2) whether judicial interference in this matter is precluded by the political question doctrine.

October 2, 2013: The Sharing Economy, Bruce Ledewitz

Hallowed Secularism

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