Constitutional Law Commons^™

Justice O'Connor, The Constitution, And The Trimester Approach To Abortion: A Liberty On A Collision Course With Itself, Richard F. Duncan

The Catholic Lawyer

No abstract provided.

Constitutionality Of Legislation Denying Tax Exempt Status To Racially Discriminatory Schools, Eileen M. Hanrahan, Esq.

The Catholic Lawyer

No abstract provided.

Human Life Federalism Amendment - Ii. Legislative Update, James Robinson, Director Government Liaison, United States Catholic Conference

The Catholic Lawyer

No abstract provided.

Human Life Federalism Amendment - I. Legal Aspects, Professor Lynn D. Wardle, Brigham Young University

The Catholic Lawyer

No abstract provided.

Human Life Federalism Amendment - I. Legal Aspects, Professor John S. Noonan, University Of California

The Catholic Lawyer

No abstract provided.

Human Life Federalism Amendment - I. Legal Aspects, Dennis J. Horan, Esq.

The Catholic Lawyer

No abstract provided.

Human Life Federalism Amendment - I. Legal Aspects, Wilfred R. Caron, General Counsel, United States Catholic Conference

The Catholic Lawyer

No abstract provided.

Federal Tuition Tax Credits And The Establishment Clause: A Constitutional Analysis, David J. Young, Steven W. Tigges

The Catholic Lawyer

No abstract provided.

The Unconstitutionality Of Exclusive Governmental Support Of Entirely Secularistic Education, Daniel D. Mcgarry

The Catholic Lawyer

No abstract provided.

The Constitutionality Of Federal Aid To Parents Of Nonpublic Schoolchildren, Rev. Peter M. J. Stravinskas

The Catholic Lawyer

No abstract provided.

Constitutional Crisis, Sen. Daniel Patrick Moynihan

The Catholic Lawyer

No abstract provided.

Evaluating The Cayman Islands Bill Of Rights, Freedoms And Responsibilities: More Evolution Than Revolution, Vaughan Carter

Texas A&M Law Review

Evaluating the Cayman Islands Bill of Rights, Freedoms and Responsibilities: More Evolution than Revolution

September 15, 2017: The Iran Deal Stays And Median Income Is Up, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Iran Deal Stays and Median Income Is Up“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Ditech Financial, Llc Vs. Buckles, 133 Nev. Adv. Op. 64 (September 14, 2017), Landon Littlefield

Nevada Supreme Court Summaries

In an en banc opinion, the Court determined that NRS 200.620 does not apply to telephone recordings made by a party outside of Nevada who uses equipment outside of Nevada to record a conversation with a person in Nevada without that person’s consent.

Thomas V. Eighth Judicial Dist. Ct., 133 Nev. Adv. Op. 63 (Sept. 14, 2017), Sara Schreiber

Nevada Supreme Court Summaries

When a defendant requests and is granted a mistrial, jeopardy will attach if a prosecutor’s conduct is so egregious that it results in prejudice to the defendant that cannot be remedied by anything short of a mistrial.

Paliotta V. State Dep’T Of Corrections, 133 Nev. Adv. Op. 58 (Sept. 14, 2017), Anna Sichting

Nevada Supreme Court Summaries

The Court determined it must consider the sincere religious beliefs of the individual when evaluating claims under the Free Exercise Clause and the Religious Land Use and Institutionalized Persons Act (RLUIPA). It is improper to evaluate those claims under the centrality test, which attempts to determine if the individual’s beliefs are central to a tenant of the religion in question. Once the sincere belief is shown, the courts must then fully examine the remaining considerations under the Free Exercise Clause and the RLUIPA.

Church-State Cases, James E. Serritella, Reuben & Proctor Chicago, Illinois

The Catholic Lawyer

No abstract provided.

Church-State Cases, Wilfred R. Caron, General Counsel, United States Catholic Conference

The Catholic Lawyer

No abstract provided.

The Indian Removal Act: Jackson, Sovereignty And Executive Will, Daniele Celano

The Purdue Historian

From King Andrew I to Old Hickory, Andrew Jackson had no shortage of nicknames symbolic of the opposing opinions of the president responsible for the forced removal of all Native peoples from the American South. While on its face the Indian Removal Act of 1830 appears to be little more than a racist executive order purporting large-scale land theft, the Act was also a manifestation of executive power and competing constitutional interpretations of sovereignty. In using his presidential authority to demand Indian removal, Jackson not only restructured national Indian policy, but further challenged both the power balance between state and …

The Human Life Federalism Amendment - An Assessment, Wilfred R. Caron

The Catholic Lawyer

No abstract provided.

Putting The Restroom Debate To Rest: Addressing Title Ix And Equal Protection In G.G. Ex Rel. Grimm V. Gloucester County School Board, Alexandra A. Harriman

Maine Law Review

Courts, legislatures, and citizens have been debating whether transgender students should use the restroom that corresponds to their biological sex, or whether they can choose to use the facilities which align with their gender identity. The Fourth Circuit decided that Title IX required the latter in G.G. ex. rel. Grimm v. Gloucester County School Board, but that didn't settle the issue. To complicate things, the Trump Administration revoked the guidance that the Fourth Circuit had relied on. This Note argues that a court should resolve this once and for all by finding that a school policy that requires students to …

The First Amendment And The Police In The Digital Age, Kermit V. Lipez

Maine Law Review

In almost thirty-two years as a judge, I have written over 1300 opinions. Each of these opinions was important to the parties involved, yet some have gained more prominence than others. This essay addresses one of those—a 2011 decision that involves the First Amendment, the complex relationship between the police and the communities they serve, and the revolution in communications technology. I emphasize two points as I begin. I have enormous respect for police officers and their work. They risk their lives on the job—a reality that we have seen far too often in recent years—and go to work every …

A Framework For Untangling Intents In Posthumous Sperm Extraction, Lark Zink

Oklahoma Journal of Law and Technology

No abstract provided.

Norms, Law And The Impeachment Power, John M. Greabe

Law Faculty Scholarship

[Excerpt]

"Most experts believe that, while a president can be criminally prosecuted after leaving office, he cannot be prosecuted while he is president. And while the president may be sued civilly while holding office, the office confers powerful immunities and other constitutional defenses that are unavailable to ordinary civilian defendants."

Of Principle And Prudence: Analyzing The F.B.I.'S Reluctance To Electronically Record Interrogations, Kristian Bryant Rose

Oklahoma Journal of Law and Technology

No abstract provided.

September 7, 2017: Spending Money We Don't Have, Bruce Ledewitz

Hallowed Secularism

Blog post, “Spending Money We Don't Have“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

National Coalition For Public Education & Religious Liberty V. Harris, Charles H. Wilson, Williams & Connolly, Washington, D.C.

The Catholic Lawyer

No abstract provided.

Critical Abortion Litigation, Dennis J. Hoaran, Hinshaw, Culbertson, Hobon & Fuller Chicago, Illinois

The Catholic Lawyer

No abstract provided.

Privacy And The Right To Die, Peter J. Riga

The Catholic Lawyer

No abstract provided.

Revenue Ruling 78-248: The Congress And The Constitution Be Damned, Alfred L. Scanlan, Shea & Gardner, Washington, D.C.

The Catholic Lawyer

No abstract provided.