Constitutional Law Commons^™

Probing Into Salinas's Silence: Back To The "Accused Speaks" Model?, Rinat Kitai-Sangero, Yuval Merin

Nevada Law Journal

No abstract provided.

A Second Chance: Rebiography As Just Compensation, Jamila Jefferson-Jones

West Virginia Law Review

No abstract provided.

Rethinking The Nevada Campus Protection Act: Future Challenges & Reaching A Legislative Compromise, Brian Vasek

Nevada Law Journal

No abstract provided.

The Speedy Trial Right And National Security Detentions: Critical Comments On United States V. Ghailani, Anthony O'Rourke

Journal Articles

This article reviews the decision of the United States Court of Appeals for the Second Circuit to uphold the conviction and sentence of Ahmed Khalfan Ghailani, the sole Guantánamo detainee to have been transferred to the United States for trial. Ghailani was captured nearly five years before his arraignment and argued that his constitutional right to a speedy trial was violated by the delay. The article contends that, in rejecting Ghailani’s argument, the Second Circuit distorted the doctrinal framework governing speedy trial claims and mischaracterized the interests that the speedy trial right is intended to protect. The article also explores …

According To The Spirit And Not To The Letter: Proportionality And The Singapore Constitution, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

When interpreting the fundamental liberties in the Singapore Constitution, courts presently do not engage in a proportionality analysis – that is, a consideration of whether limitations on rights imposed by executive or legislative action bear a rational relation with the object of the action, and, if so, whether the limitations restrict rights as minimally as possible. The main reason for this appears to be the expansive manner in which exceptions to the fundamental liberties are phrased, and the courts’ deferential attitude towards the political branches of government. This paper considers how the rejection of proportionality has affected the rights to …

The Prohibition Of Moonshine: A Consumer Protection Analysis Of Raw Milk In Interstate Commerce, Whitney R. Morgan

West Virginia Law Review

No abstract provided.

Section 2: Congress & The Obama White House, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Constitution And The Individual Right To Possess Firearms: A Different Take, David W. Wise

Villanova Law Review (1956 - )

No abstract provided.

Progressive Property Moving Forward, Timothy M. Mulvaney

Faculty Scholarship

In his thought-provoking recent article, “The Ambition and Transformative Potential of Progressive Property,” Ezra Rosser contends that, in the course of laying the foundations of a theory grounded in property’s social nature, scholars who participated in the renowned 2009 Cornell symposium on progressive property have “glossed over” property law’s continuing conquest of American Indian lands and the inheritance of privileges that stem from property-based discrimination against African Americans. I fully share Rosser’s concerns regarding past and continuing racialized acquisition and distribution, if not always his characterization of the select progressive works he critiques. Where I focus in this essay, though, …

Congress's (Less) Limited Power To Represent Itself In Court: A Comment On Grove And Devins, Jack M. Beermann

Faculty Scholarship

In their recent article, Congress’s (Limited) Power to Represent Itself in Court, 99 Cornell L. Rev. 571 (2014) Tara Leigh Grove and Neal Devins make the case against congressional litigation in defense of the constitutionality of federal statutes. They conclude that Congress, or a single House of Congress, may not defend the constitutionality of federal statutes in court even when the Executive Branch has decided not to do so but may litigate only in furtherance of Congress’s investigatory and disciplinary powers. Grove and Devins claim that congressional litigation in support of the constitutionality of federal statutes violates two separate but …

Observing The Indonesian House Of Representatives' Performance, Abdul Bari Azed

Indonesia Law Review

DPR fulfilled mandate of the people, one of its way is through legislation function, namely formed Act with an agreement with the President. Expectations of the people filled with less than optimal by DPR caused by the performance of the parliament in the field of legislation which was less than satisfactory because did not fulfill the Prolegnas target which they had made themself. This condition caused the functions of DPR as parliament not fully carried out in encouraging people prosperity and developing the country. Hence, it is important to do a series of policy and concrete steps to minimize problems …

August 28, 2014: Constitutional Passivity, Bruce Ledewitz

Hallowed Secularism

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

August 23, 2014: How To Teach Constitutional Law Now, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Teach Constitutional Law Now“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Advice For Ferguson From The Supreme Court, Sonja R. West, Dahlia Lithwick

Popular Media

This article looks at the factors regarding protestors and counselors set forth in the Supreme Court's decision in McCullen v. Coakley and puts them in the Ferguson, Missouri context.

August 19, 2014: The Unrest In Ferguson, Missouri, Bruce Ledewitz

Hallowed Secularism

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

August 17, 2014: Why Religion Is Better, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Religion Is Better“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

B'Tselem V. Broadcasting Authority, Elyakim Rubinstein, Neal Hendel, Uri Shoham

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 seeking to quash the decision of the Broadcasting Authority to preclude the broadcasting of a commercial by B’Tselem comprising a partial list of the names of Palestinian children killed in the course of Operation Protective Edge. The dispute concerned whether this commercial constituted a prohibited broadcast under rule 7(2) of the Broadcasting Authority (Radio Advertisements and Announcements) Rules, 5753-1993, concerning – inter …

August 13, 2014: How Would God Work?, Bruce Ledewitz

Hallowed Secularism

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

Is Resistance To Foreign Law Rooted In Racism?, Sheldon Bernard Lyke

NULR Online

No abstract provided.

Representation In Context: Party Power And Lawyer Expertise, Colleen F. Shanahan, Anna E. Carpenter, Alyx Mark

Georgetown Law Faculty Publications and Other Works

The questions when, why, and how legal representation makes a difference for parties in civil litigation remain largely unanswered, although recent scholarship raises compelling new questions and suggests new explanations and theoretical approaches. Understanding how legal representation operates, we argue, requires an appreciation for the context in which the representation actually takes place. This article examines two previously unexplored elements of the context of legal representation through empirical and theoretical analysis: the balance of power between the parties to a dispute and the professional, specifically strategic, expertise that a legal representative contributes. The results of a study of 1,700 unemployment …

August 10, 2014: Foolish Way To Support Israel, Bruce Ledewitz

Hallowed Secularism

Blog post, “Foolish Way to Support Israel“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 6, 2014: Really Good News In Gaza, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Really Good News in Gaza“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 2, 2014: Christianity And The State, Bruce Ledewitz

Hallowed Secularism

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

An Examination Of University Speech Codes’ Constitutionality And Their Impact On High-Level Discourse, Benjamin Welch

College of Journalism and Mass Communications: Theses

The First Amendment – which guarantees the right to freedom of religion, of the press, to assemble, and petition to the government for redress of grievances – is under attack at institutions of higher learning in the United States of America. Beginning in the late 1980s, universities have crafted “speech codes” or “codes of conduct” that prohibit on campus certain forms of expression that would otherwise be constitutionally guaranteed. Examples of such polices could include prohibiting “telling a joke that conveys sexism,” or “content that may negatively affect an individual’s self-esteem.” Despite the alarming number of institutions that employ such …

Fourth Amendment "Cheeks" And Balances: The Supreme Court's Inconsistent Conclusions And Deference To Law Enforcement Officials In Maryland V. King And Florence V. Board Of Chosen Freeholders Of The County Of Burlington, Diana R. Donahoe

Catholic University Law Review

No abstract provided.

The Hercules Of Helena: Justice James C. Nelson And The Jurisprudence Of Principle, Anthony Johnstone

Montana Law Review

The Hercules of Helena: Justice James C. Nelson and the Jurisprudence of Principle

Constitutional Theories: A Taxonomy And (Implicit) Critique, Larry Alexander

San Diego Law Review

I am honored to have been invited to present this Madison Lecture, and I want to thank my hosts, Robby George and Brad Wilson, for their hospitality and for the excellence achieved by the Madison Program under their stewardship. My charge was to present something on constitutional theory. Now, as you shall see, I do work in one corner of constitutional theory, and of course I believe it is the right corner to work in and that all constitutional theorists should be working in my corner. The baleful truth, however, is that most constitutional theorists reject that claim, despite several …

Public Law At The Cathedral: Enjoining The Government, Michael T. Morley

Scholarly Publications

Conventional wisdom provides that injunctive relief in public law cases is generally unnecessary, because a declaratory judgment and the threat of damages are enough to induce the government to comply with a court’s ruling (except, perhaps, in the institutional reform context). Consistent with this prevailing understanding, most scholars to apply Calabresi and Melamed’s Cathedral framework to public law have concluded that nearly all constitutional rights are protected by property rules, regardless of whether a rightholder actually is protected by an injunction, or instead merely has a substantial likelihood of obtaining one if she goes to court.

This Article challenges this …

Remedial Discretion In Constitutional Adjudication, John M. Greabe

Buffalo Law Review

No abstract provided.