Constitutional Law Commons^™

Unequal Protection: Examining The Judiciary’S Treatment Of Unwed Fathers, Brett Potash

Touro Law Review

No abstract provided.

Why New York Should Legalize Surrogacy: A Comparison Of Surrogacy Legislation In Other States With Current Proposed Surrogacy Legislation In New York, Briana R. Iannacci

Touro Law Review

No abstract provided.

Speech On Campus: How America's Crisis In Confidence Is Eroding Free Speech Values, Joseph Russomanno

UC Law Constitutional Quarterly

Speech on America's university and college campuses has been a long-time issue, from classrooms to open spaces, from efforts to protect students to approaches toward invited speakers. These issues especially surfaced in the early twenty-first century, and predominantly in response to invited speakers. Several incidents in early 2017-some involving violent protests-moved these issues into an analytical spotlight. This Article examines efforts to silence controversial oncampus speakers. It does so first through the lens of free speech doctrine and how it addresses this development. Second, this Article seeks to explain this increasing intolerance for the expression of ideas: an escalating crisis …

Reviving The Voting Rights Act Post-Shelby County: A New Standard For Vote Denial And Voter Id Law Analysis Under Section Two, Elizabeth Cermak

UC Law Constitutional Quarterly

Since the United States Supreme Court struck down section 4(b) of the Voting Rights Act ("VRA") and effectively disabled its section 5 enforcement provision in Shelby County v. Holder, States across the country have passed and updated election laws with far less accountability than during the pre-Shelby era. Among the most controversial are "voter ID" laws, which require voters to present identification before casting a ballot. Prior to 2013, section 5 of the VRA had been used to challenge these laws in federal proceedings in Texas, Florida, South Carolina, and New Hampshire. The combined decisions of Shelby and Crawford v. …

Preface: Hate Speech Laws In Japan In Comparative Perspectives, Setsuo Miyazawa

UC Law Constitutional Quarterly

No abstract provided.

The History Of Japanese Racism, Japanese American Redress, And The Dangers Associated With Government Regulation Of Hate Speech, Hiroshi Fukurai, Alice Yang

UC Law Constitutional Quarterly

This Article analyzes the historical roots of the Japanese government's rhetoric of racial supremacy that merged with nationalist agendas to rationalize and promote Japanese colonial aggression, military ventures, and brutal rule in Asia in the first half of the twentieth century. Next, this Article examines the movement in the U.S. to obtain redress for Japanese Americans who suffered mass removal and incarceration during World War II. This Article explores why grassroots activism and political lobbying succeeded in obtaining the passage of American redress legislation in 1988 and the possible lessons of this campaign for other victims of government policies. Finally, …

How The Lone Star State's Refusal To Expand Medicaid Is Leaving Pregnant Women More Alone Than Ever, Naomi Strauss

UC Law Constitutional Quarterly

Texas's maternal mortality rates are alarmingly high, reflecting a larger trend across the United States. By analyzing structural and social factors, this Note suggests that increasingly restrictive access to family planning and women's health clinics across Texas has contributed to this public health crisis. Further complicating matters, the limited availability of quality maternal health data makes it hard to disentangle causes and effects. In order to correct this disturbing trend which stands in stark contrast to the rest of the developed world-states should expand Medicaid coverage and access to services for all. California, for example, has implemented programs, which have …

Religious Arguments, Religious Purposes, And The Gay And Lesbian Rights Cases, Steve Sanders

Articles by Maurer Faculty

No abstract provided.

Social Media And The Government: Why It May Be Unconstitutional For Government Officials To Moderate Their Social Media, Alex Hadjian

Loyola of Los Angeles Law Review

No abstract provided.

Do Discretionary Religious Exemptions Violate The Establishment Clause?, Carl H. Esbeck

Kentucky Law Journal

No abstract provided.

Permissible Accommodation Or Impermissible Endorsement? A Proposed Approach To Religious Exemptions And The Establishment Clause, Gary J. Simson

Kentucky Law Journal

No abstract provided.

Putting The "Exercise" Back In Free Exercise, Eric J. Segall

Kentucky Law Journal

No abstract provided.

Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund

Kentucky Law Journal

No abstract provided.

Third-Party Burdens And Conscientious Objection To War, William P. Marshall

Kentucky Law Journal

No abstract provided.

Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady

Kentucky Law Journal

No abstract provided.

The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger

Kentucky Law Journal

No abstract provided.

Decentralizing Fourth Amendment Search Doctrine, Michael J. Zydney Mannheimer

Kentucky Law Journal

No abstract provided.

Expatriation Restored, Jonathan David Shaub

Law Faculty Scholarly Articles

Expatriation - the loss or relinquishment of citizenship - has a long and divisive history as a fundamental concept of American citizenship. It has been the subject of contentious and robust debate from the very beginning of the country. This Article posits that the concept of expatriation today has little jurisprudential salience, despite its increasing rhetorical valence in the context of terrorism, because the historical development of the concept has obscured its meaning. Expatriation originally had a precise meaning: an individual right declared by the country in 1868 to be "indispensable" to the inalienable rights identified in the Declaration of …

French Constitutionalism, Elisabeth Zoller

Articles by Maurer Faculty

From the Foreword:

We are particularly pleased that this first special issue gives the opportunity to celebrate the sixtieth anniversary of the Fifth Republic’s Constitution. Readers will find an enlightened vision of French constitutionalism, so patiently depicted by our colleague Elisabeth Zoller through a life of teachings and research, both in France and in the United States. Defined as “a political doctrine that aims to guarantee political freedom, i.e. the freedom we enjoy in respect of political power, as opposed to civil liberty, which we enjoy in respect of our peers”, constitutionalism has, in France, a profoundly unique character according …

"Because Of Sex", Jack B. Harrison

Loyola of Los Angeles Law Review

Many Americans currently believe that federal law prohibits discrimination because of sexual orientation and gender identity in the workplace. While it is true that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employers from discriminating because of an employee’s race, color, religion, sex, or national origin, courts and legislators have historically been slow to extend these protections to LGBT workers. The result of this reluctance is that LGBT employees remain largely unprotected under an unpredictable patchwork of laws and policies, consisting of presidential executive orders, private employer initiatives, city and county ordinances, gubernatorial executive orders, and …

Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases, Daniella Rubin

Loyola of Los Angeles Law Review

No abstract provided.

County Of Los Angeles V. Mendez: Defending The Constitutionality Of The "Provocation Rule", Layla Bishara

Loyola of Los Angeles Law Review

No abstract provided.

How The United States Supreme Court Diminished Constitutional Protections Of The Right To Vote And What Congress Can Do About It, Henry Rose

Faculty Publications & Other Works

No abstract provided.

Constitutional Law: Protecting Our Youth: A Necessary Limit On The First Amendment—State V. Muccio, Richard A. Podvin

Mitchell Hamline Law Review

No abstract provided.

Action And Reaction: The Trump Executive Orders And Their Reception By The Federal Courts, Anthony S. Winer

Mitchell Hamline Law Review

No abstract provided.

The First Congressional Debate On Public Carry And What It Tells Us About Firearm Regionalism, Mark Anthony Frassetto

Campbell Law Review

In the aftermath of District of Columbia v. Heller, a prominent issue remains unresolved: whether, or to what extent, the Second Amendment protects an individual right to keep and bear arms outside of the home. This Article explores this unresolved issue through a newly uncovered source, the congressional debates surrounding the District of Columbia's public carry law in the 1890s.

These debates provide new insights into the understanding of the right to keep and bear arms in the years following the drafting and ratification of the Fourteenth Amendment. Two conclusions can be drawn from the debate. First, there was no …

It’S All Your Fault!: Examining The Defendant’S Use Of Ineffective Assistance Of Counsel As A Means Of Getting A “Second Bite At The Apple.”, Prentice L. White

Dickinson Law Review (2017-Present)

The United States Constitution provides individuals convicted of a crime with “a second bite at the apple.” The Sixth Amendment provides an avenue to appeal one’s conviction based on the claim of “ineffective assistance of counsel.” What were the Framers’ true intentions in using the phrase “effective assistance of counsel”? How does the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 affect habeas corpus appeals? This article answers these questions through the eyes of Thomas—a fictional character who is appealing his murder conviction.

This article first looks at the history surrounding effective assistance of counsel and discusses the difficulties …

Is Pena-Rodriguez V. Colorado Just A Drop In The Bucket Or A Catalyst For Improving A Jury System Still Plagued By Racial Bias, And Still Badly In Need Of Repairs, Robert I. Correales

Scholarly Works

Historically, race-based jury bias has maintained the most prominent place in the hierarchy of social ills that have plagued the American Criminal Justice System. Relying on Due Process and Equal Protection principles, the United States Supreme Court and lower federal courts have chipped away at the problem with mixed results. State Courts have also served as laboratories, providing important lessons on the successes and failures of different approaches, often leading the way with their innovations. A formidable obstacle commonly referred to as a "black box," better known as the no-impeachment rule, has made progress difficult. The no-impeachment rule was designed …

Chevron's Liberty Exception, Michael Kagan

Scholarly Works

This Article argues that the Supreme Court’s practice in immigration cases reflects an unstated but compelling limitation on Chevron deference. Judicial deference to the executive branch is inappropriate when courts review the legality of a government intrusion on physical liberty. This norm is illustrated by the fact that the Court has not meaningfully applied Chevron deference in cases concerning deportation, and also has seemed reluctant to do so in cases concerning immigration detention. It is a logical extension of the established rule that Chevron deference does not apply to questions of criminal law. By contrast, the Court applies Chevron deference …

Supreme Court Reform: Desirable - And Constitutionally Required, David Orentlicher

Scholarly Works

No abstract provided.