Constitutional Law Commons^™

Preclusion Law As A Model For National Injunctions, Suzette M. Malveaux

Publications

No abstract provided.

Panel 1: Robotic Speech And The First Amendment, Bruce E. H. Johnson, Helen Norton, David Skover

Publications

Moderator: Professor Gregory Silverman.

Book discussed: Ronald L. Collins & David M. Skover, Robotica: Speech Rights and Artificial Intelligence (Cambridge Univ. Press 2018).

The First Queer Right, Scott Skinner-Thompson

Publications

Current legal disputes may lead one to believe that the greatest threat to LGBTQ rights is the First Amendment’s protections for speech, association, and religion, which are currently being mustered to challenge LGBTQ anti-discrimination protections. But underappreciated today is the role of free speech and free association in advancing the well-being of LGBTQ individuals, as explained in Professor Carlos Ball’s important new book, The First Amendment and LGBT Equality: A Contentious History. In many ways the First Amendment’s protections for free expression and association operated as what I label “the first queer right.”

Decades before the Supreme Court would …

Punishing Criminals For Their Conduct: A Return To Reason For The Armed Career Criminal Act, Sheldon A. Evans

Oklahoma Law Review

No abstract provided.

Get Off My Porch: United States V. Carloss And The Escalating Dangers Of “Knock And Talks”, Skyler K. Sikes

Oklahoma Law Review

No abstract provided.

United States V. Carloss: Should The Police Act Like Good Neighbors?, Cole Mclanahan

Oklahoma Law Review

No abstract provided.

Editor’S Introduction, Mitchell B. Bryant

Oklahoma Law Review

No abstract provided.

False Speech And The First Amendment, Erwin Chemerinsky

Oklahoma Law Review

No abstract provided.

An Introductory Essay: Old Principles For An (Allegedly) Brave New World, Harry F. Tepker

Oklahoma Law Review

No abstract provided.

Truth, Courage, And Other Human Dispositions: Reflections On Falsehoods And The First Amendment, Jonathan D. Varat

Oklahoma Law Review

No abstract provided.

(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton

Oklahoma Law Review

No abstract provided.

Free Speech And Domain Allocation: A Suggested Framework For Analyzing The Constitutionality Of Prohibition Of Lies, James Weinstein

Oklahoma Law Review

No abstract provided.

Forward Into The Past: Speech Intermediaries In The Television And Internet Ages, Gregory P. Magarian

Oklahoma Law Review

No abstract provided.

Suing The President For First Amendment Violations, Sonja R. West

Oklahoma Law Review

No abstract provided.

You Be The Judge: The Wholesale Implementation Of Bail Schedules By The Judiciary As An Abdication Of Adjudicatory Responsibility Creating A Disparate Impact For African-Americans And Hispanics Accused Of A Criminal Offense, Taurus Myhand

Scholarly Works

The presumption of innocence is not well illustrated in the age-old and widespread use of monetary bail systems by most jurisdictions throughout the United States. In fact, whether a person is detained in jails prior to the final disposition of the case, is not likely to be dependent on the strength of the government’s case toward proving the accusee’s guilt. Rather, pre-trial detention is much more dependent on whether the accusee has the means to pay an amount of money determined by a court.

As the calls for bail reform resurges, many legal professionals are looking for alternatives to monetary …

Policing Narrative, Tal Kastner

Scholarly Works

Counter narrative, a story that calls attention to and rebuts the presumptions of a dominant narrative framework, functions as an essential tool to reshape the bounds of the law. It has the potential to shape the collective notion of what constitutes legal authority. Black Lives Matter offers a counter narrative that challenges the characterization of the shared public space, among other aspects of contemporary society, as the space of law. Using the concept of necropower--the mobilization and prioritization of the state's power to kill--I analyze the contested physical and conceptual space of law exposed by the counter narrative of Black …

Stop Defending Discrimination: Anti-Boycott, Divestment, And Sanctions* Statutes Are Fully Constitutional, Mark Goldfeder

Scholarly Works

No abstract provided.

‘Not In My Name’ Claims Of Constitutional Right, Abner S. Greene

Faculty Scholarship

We have a constitutional right against the state forcing us to be associated with expression with which we do not wish to be associated. The freedom of expressive association is not stated in our Constitution’s text. Rather, it is derived from various provisions of the First Amendment. As the freedom of speech protects, among other things, our right to shape how we present ourselves to the world, so does the freedom of expressive association protect us from the state shaping us by connecting us to ideas not of our choosing. Our freedom of expressive association allows us to claim an …

Foreword: Criminal Procedure In Winter, Daniel Epps

Loyola of Los Angeles Law Review

No abstract provided.

United States V. Ammons, Rebecca Ruffer

NYLS Law Review

No abstract provided.

Obergefell Liberates Bathrooms, Ayana Osada

NYLS Law Review

No abstract provided.

The Logic Of Speech And Religion Rights In The Public Workplace, Scott R. Bauries

Marquette Benefits and Social Welfare Law Review

No abstract provided.

The Letter And The Spirit: A Unified Theory Of Originalism, Randy E. Barnett, Evan Bernick

Georgetown Law Faculty Publications and Other Works

The concept of constitutional construction is of central importance to originalist theory but is both underdeveloped and controversial among originalists. Some object that its apparent open-endedness undermines the constraining virtues of originalism and exposes citizens to arbitrary judicial power. In this Article, we respond to this challenge by presenting an originalist theory of constitutional construction that can guide and constrain judicial activity within the “construction zone.” When combined with an originalist theory of constitutional interpretation, our approach yields a unified theory of originalism.

Our theory of constitutional construction draws upon a familiar common-law concept long used in contract and fiduciary …

The Minor Donor-Sibling Dilemma: Are Bone Marrow Donation Decisions Up To The Parent Or The Child?, Christina Carone

Touro Law Review

No abstract provided.

A Historical Reassessment Of Congress's "Power To Dispose Of" The Public Lands, Jeffrey M. Schmitt

School of Law Faculty Publications

The Property Clause of the Constitution grants Congress the “Power to Dispose” of federal land. Congress uses this Clause to justify permanent federal land ownership of approximately one-third of the land within the United States. Legal scholars, however, are divided as to whether the original understanding of the Clause supports this practice. While many scholars argue that the text and intent of the framers show that Congress has the power to permanently own land within the states, others contend that these sources demonstrate that Congress has a duty to dispose of all federal land not held pursuant to another enumerated …

Political Question Disconnects, Elizabeth Earle Beske

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Can The President Control The Department Of Justice?, Bruce Green, Rebecca Roiphe

Articles & Chapters

As the investigation into President Trump's campaign ties to Russia grows increasingly intense, it is critical to understand how much control the President has over the Attorney General and the Department of Justice. Some critics claim that the President has absolute power to direct federal prosecutors and control their decisions. The President and his lawyers, joined by several scholars, take this claim one step further by arguing that the chief executive could not be guilty of obstruction of justice because his control over all prosecutorial decisions is absolute. This issue last arose during the Nixon Administration. The Department of Justice …

Equal Protection For Equal Play: A Constitutional Solution To Gender Discrimination In International Sports, Jenna N. Rowan

Vanderbilt Journal of Entertainment & Technology Law

This Note considers the extent of gender discrimination in international sports, providing an overview of gender discrimination in sports and detailing the inadequacies of current statutory remedies. Additionally, this Note describes why constitutional remedies are unavailable for these athletes, highlighting a 1987 Supreme Court case holding that sports governing bodies are not state actors. This Note proposes overruling that case to hold instead that international sports governing bodies are state actors and are, therefore, subject to the provisions in the US Constitution. Under this solution, international athletes could bring gender discrimination claims against these bodies under an equal protection rationale.

The Brennan Lecture: The Separation Of Powers And The Public, Josh Chafetz

Cornell Law Faculty Publications

No abstract provided.

Convictions Of Innocent People With Intellectual Disability, Sheri Johnson, John H. Blume, Amelia Courtney Hritz

Cornell Law Faculty Publications

In Atkins v. Virginia, the Supreme Court held that executing individuals with intellectual disability violates the Cruel and Unusual Punishment Clause of the Eighth Amendment. In addition to concerns over culpability and deterrence, the Court’s judgment in Atkins was informed by the heightened “risk of wrongful execution” faced by persons with intellectual disability. This essay explores that question both anecdotally and quantitatively, hoping to illuminate the causes of wrongful conviction of persons with intellectual disability. We provide examples from our experiences in the Cornell Death Penalty Clinic and cases brought to our attention by defense attorneys. We also present data …