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Constitutional Law Commons™

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2014

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Institution
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Articles 181 - 210 of 1069

Full-Text Articles in Constitutional Law

Separation Of Powers And Unilateral Executive Action: The Constitutionality Of President Clinton's Mexican Loan Initiative, Kimberly D. Chapman Oct 2014

Separation Of Powers And Unilateral Executive Action: The Constitutionality Of President Clinton's Mexican Loan Initiative, Kimberly D. Chapman

Georgia Journal of International & Comparative Law

No abstract provided.


Georgia's Workers' Compensation Law: Are Limitations On Death Benefits To Foreign, Nonresident Dependents Constitutional? Barge-Wagener Constr. Co. V. Morales, Peter J. Diskin Oct 2014

Georgia's Workers' Compensation Law: Are Limitations On Death Benefits To Foreign, Nonresident Dependents Constitutional? Barge-Wagener Constr. Co. V. Morales, Peter J. Diskin

Georgia Journal of International & Comparative Law

No abstract provided.


Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas Oct 2014

Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas

Georgia Journal of International & Comparative Law

No abstract provided.


Bringing Our Children Back From The Land Of Nod: Why The Eighth Amendment Forbids Condemning Juveniles To Die In Prison For Accessorial Felony Murder, Mariko K. Shitama Oct 2014

Bringing Our Children Back From The Land Of Nod: Why The Eighth Amendment Forbids Condemning Juveniles To Die In Prison For Accessorial Felony Murder, Mariko K. Shitama

Florida Law Review

Over 2,589 individuals sit in prison, where they have been condemned to die for crimes they committed before their eighteenth birthday. At least a quarter of these individuals received this sentence for accessorial felony murder, or a crime in which they did not kill or intend to kill the victim. Beginning with Roper v. Simmons in 2005 and continuing with Graham v. Florida in 2010, recent Eighth Amendment jurisprudence has recognized that juveniles are fundamentally different from adults in ways that limit the constitutionality of imposing adult punishment on them. In June 2012, the Supreme Court held that sentencing juveniles …


Founding-Era Conventions And The Meaning Of The Constitution’S “Convention For Proposing Amendments”, Robert G. Natelson Oct 2014

Founding-Era Conventions And The Meaning Of The Constitution’S “Convention For Proposing Amendments”, Robert G. Natelson

Florida Law Review

Under Article V of the U.S. Constitution, two thirds of state legislatures may require Congress to call a “Convention for proposing Amendments.” Because this procedure has never been used, commentators frequently debate the composition of the convention and the rules governing the application and convention process. However, the debate has proceeded almost entirely without knowledge of the many multi-colony and multi-state conventions held during the eighteenth century, of which the Constitutional Convention was only one. These conventions were governed by universally-accepted convention practices and protocols. This Article surveys those conventions and shows how their practices and protocols shaped the meaning …


October 18, 2014: Can Materialism Be True?, Bruce Ledewitz Oct 2014

October 18, 2014: Can Materialism Be True?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Can Materialism Be True?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Meme Of Voter Fraud, Atiba R. Ellis Oct 2014

The Meme Of Voter Fraud, Atiba R. Ellis

Catholic University Law Review

The meme of voter fraud is the idea that unworthy voters are attacking the electoral system by voting fraudulently through impersonation or other bad acts. Although scholars of election law aptly demonstrate that the meme is a myth, the meme nonetheless endures as a rationale for the continued passage of heightened voter regulations like voter identification laws. Scholarship critiquing the voter fraud meme relies on partisanship as the prime explanation for voter fraud arguments. This explanation is incomplete in light of the fact that proponents of the myth continue to believe it on an ideological level even when the lack …


Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson Oct 2014

Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson

Catholic University Law Review

As political spending reaches new highs in the 2012 election cycle, and as the controversy surrounding wealthy donors and interest groups grows, polls demonstrate a surge of cynicism among Americans who profess a belief that the American political system is corrupt. The Supreme Court’s 2010 decision in Citizens United made possible the most recent expansion of political spending. In this case, the question was whether allowing corporations and unions to spend unlimited amounts of money on political advertising would result in corruption or the appearance of corruption. The majority on the Court determined that it would not. Many observers have …


October 15, 2014: Great News From The Church, Bruce Ledewitz Oct 2014

October 15, 2014: Great News From The Church, Bruce Ledewitz

Hallowed Secularism

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


Three Questions For The "Right To Vote" Amendment, Richard Briffault Oct 2014

Three Questions For The "Right To Vote" Amendment, Richard Briffault

William & Mary Bill of Rights Journal

No abstract provided.


Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin Raskin Oct 2014

Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin Raskin

William & Mary Bill of Rights Journal

No abstract provided.


Theories Of Representation: For The District Of Columbia, Only Statehood Will Do, Mary M. Cheh Oct 2014

Theories Of Representation: For The District Of Columbia, Only Statehood Will Do, Mary M. Cheh

William & Mary Bill of Rights Journal

No abstract provided.


Welcome To New Columbia: The Fiscal, Economic And Political Consequences Of Statehood For D.C., David Schleicher Oct 2014

Welcome To New Columbia: The Fiscal, Economic And Political Consequences Of Statehood For D.C., David Schleicher

William & Mary Bill of Rights Journal

No abstract provided.


How To Make Sense Of Supreme Court Standing Cases— – A Plea For The Right Kind Of Realism, Richard H. Fallon Jr. Oct 2014

How To Make Sense Of Supreme Court Standing Cases— – A Plea For The Right Kind Of Realism, Richard H. Fallon Jr.

William & Mary Bill of Rights Journal

No abstract provided.


Standing And The Role Of Federal Courts: Triple Error Decisions In Clapper V. Amnesty International Usa And City Of Los Angeles V. Lyons, Vicki C. Jackson Oct 2014

Standing And The Role Of Federal Courts: Triple Error Decisions In Clapper V. Amnesty International Usa And City Of Los Angeles V. Lyons, Vicki C. Jackson

William & Mary Bill of Rights Journal

No abstract provided.


Unstable Footing: Shelby County’S Misapplication Of The Equal Footing Doctrine, Austin Graham Oct 2014

Unstable Footing: Shelby County’S Misapplication Of The Equal Footing Doctrine, Austin Graham

William & Mary Bill of Rights Journal

No abstract provided.


Retained By The People: Federalism, The Ultimate Sovereign, And Natural Limits On Government Power, Stephanie Hall Barclay Oct 2014

Retained By The People: Federalism, The Ultimate Sovereign, And Natural Limits On Government Power, Stephanie Hall Barclay

William & Mary Bill of Rights Journal

Brewing tensions between state governments and the federal government have reached a boiling point unmatched since the civil rights debates of the 1960s. In light of the rapid expansion of federal power combined with colliding views on various policies, the call for states’ rights has increasingly become a rallying cry for lawmakers that has gained traction with groups on varying points along the political spectrum, as well as a frequent theory employed by the Supreme Court. While the system of federalism created by the Constitution certainly has its unique benefits, and while it is true that the federal government was …


"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb Oct 2014

"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb

William & Mary Bill of Rights Journal

No abstract provided.


The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken Oct 2014

The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken

William & Mary Bill of Rights Journal

No abstract provided.


Does The Supreme Court Ignore Standing Problems To Reach The Merits? Evidence (Or Lack Thereof) From The Roberts Court, Heather Elliott Oct 2014

Does The Supreme Court Ignore Standing Problems To Reach The Merits? Evidence (Or Lack Thereof) From The Roberts Court, Heather Elliott

William & Mary Bill of Rights Journal

No abstract provided.


The Quiet Army: Felon Firearm Rights Restoration In The Fourth Circuit, Robert Luther Iii Oct 2014

The Quiet Army: Felon Firearm Rights Restoration In The Fourth Circuit, Robert Luther Iii

William & Mary Bill of Rights Journal

Most states afford felons the opportunity to have their political disabilities removed or “rights restored” after they are released from incarceration. In every state within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit, save Virginia, a felon’s rights are partially restored automatically upon the completion of his sentence, parole, and probation. Absent a pardon, Virginia requires the felon to petition the Governor in writing through the Office of the Secretary of the Commonwealth in order to obtain a partial restoration of rights. One such right that may or may not be restored upon a state-convicted felon’s …


Governmental Sovereignty Actions, Ann Woolhandler Oct 2014

Governmental Sovereignty Actions, Ann Woolhandler

William & Mary Bill of Rights Journal

No abstract provided.


October 12, 2014: Why Judaism Is Dying, Bruce Ledewitz Oct 2014

October 12, 2014: Why Judaism Is Dying, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Judaism is Dying“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


October 9, 2014: The War Over Islam, Bruce Ledewitz Oct 2014

October 9, 2014: The War Over Islam, Bruce Ledewitz

Hallowed Secularism

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


Stop Draggin’ My Heart Around: The Supreme Court Is Harming People With Its Inscrutable Gay Marriage Actions, Sonja R. West, Dahlia Lithwick Oct 2014

Stop Draggin’ My Heart Around: The Supreme Court Is Harming People With Its Inscrutable Gay Marriage Actions, Sonja R. West, Dahlia Lithwick

Popular Media

The Supreme Court’s decision Monday (Oct. 5, 2014) to decline the appeals of decisions striking down same-sex marriage bans in five states was, to most court-watchers, a huge surprise. It was also a deeply strange move given the magnitude of the constitutional issue and the general confusion about what a non-decision actually means. While Monday’s denial of certiorari was not technically a decision on the merits, most supporters of same-sex marriage celebrated the move as part of the justices’ inexorable crawl toward marriage equality. And in Virginia, Oklahoma, Colorado, and other affected states, gay couples who have waited—in many cases …


Toward A Federal Constitutional Right To Employment, R. George Wright Oct 2014

Toward A Federal Constitutional Right To Employment, R. George Wright

Seattle University Law Review

This Article outlines an argument for a federal constitutional right to employment. The Article begins by examining the harms and costs of involuntary long-term unemployment. It then discusses the historical contributions to our understanding of the value of work, before drawing on several well-established jurisprudential distinctions to explain why, and to justify initial optimism regarding a constitutional employment right.


License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour Oct 2014

License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour

Seattle University Law Review

Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …


October 5, 2014: The Day After Yom Kippur, Bruce Ledewitz Oct 2014

October 5, 2014: The Day After Yom Kippur, Bruce Ledewitz

Hallowed Secularism

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


Books Received, Georgia Journal Of International And Comparative Law Oct 2014

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


October 3, 2014: Democracy Or Secularism, Bruce Ledewitz Oct 2014

October 3, 2014: Democracy Or Secularism, Bruce Ledewitz

Hallowed Secularism

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