Constitutional Law Commons^™

The Effect Of State-Level Constitutional Debt Limitations On The Costs Of Capital, Micah Johnson

MPA/MPP/MPFM Capstone Projects

Forty-five states have adopted some form of constitutional limitation on their own legislature’s ability to issue debt and raise capital. Eleven states have more than one such limitation. It seems intuitive to assume that constitutional strictures on a state’s ability to manage its fiscal policy would affect that state’s standing in the market, and it seems equally safe to assume that different combinations of the various forms of debt limitation would lead to varying effects in the market from state to state. However, the specific effects arising from the various constitutional provisions have proven to be difficult to measure. This …

A Wall Of Hate: Eminent Domain And Interest-Convergence, Philip Lee

Faculty Publications

(Excerpt)

Donald Trump is no stranger to eminent domain. In the 1990s, Trump wanted land around Trump Plaza to build a limousine parking lot. Many of the private owners agreed to sell, but one elderly widow and two brothers who owned a small business refused. Trump then got a government agency—the Casino Reinvestment Development Authority (CRDA)—to take the properties through eminent domain, offering them a quarter of what they had previously paid or been offered for their land.

The property owners fought back and finally won. Although the CRDA named several justifications, from economic development to traffic alleviation and additional …

Justice Jackson In The Jehovah's Witnesses' Cases, John Q. Barrett

Faculty Publications

(Excerpt)

I will address Justice Jackson and Jehovah’s Witnesses in four parts. First, I will begin with Robert Jackson himself, introducing the man who became a Supreme Court Justice, and who came to author Barnette and at least one other very notable opinion in a Jehovah’s Witness case. Second, I will turn to the Barnette case in its Supreme Court legal context, which turns out to be two Court terms, 1941–42 and 1942–43, of many Jehovah’s Witnesses cases. These cases produced a run of Court decisions that are a framework surrounding Barnette, and thus understanding them is important to …

Passive Avoidance, Anita S. Krishnakumar

Faculty Publications

In its nascent years, the Roberts Court quickly developed a reputation—and drew sharp criticism—for using the canon of constitutional avoidance to rewrite statutes in controversial, high-profile cases. In recent years, however, the Court seems to have taken a new turn, quietly creating exceptions or reading in statutory conditions in order to evade potentially serious constitutional problems without expressly discussing the constitutional issue or invoking the avoidance canon. In fact, the avoidance canon seems largely, and conspicuously, missing from many cases decided during the Court’s most recent Terms, playing a significant role in justifying the Court’s construction in only one majority …

The Clear And Present Dangers Of The Clear And Present Danger Test: Schenck And Abrams Revisited, Ronald J. Krotoszynski Jr.

SMU Law Review

No abstract provided.

Originalist Reflections On Constitutional Freedom Of Speech, Christopher Wolfe

SMU Law Review

In this brief Article, I would like to offer some reflections on the First Amendment freedom of speech and press guarantee from an originalist perspective. This area seems to me to be one that is particularly difficult for originalists, and I think that there is insufficient acknowledgment of that fact among them.

Domestic Constitutional Violence, F. E. Guerra-Pujol

University of Arkansas at Little Rock Law Review

No abstract provided.

Cooper V. Aaron: The First In The Trifecta Of Modern American Federalism Cases, Ronald L. Nelson

University of Arkansas at Little Rock Law Review

No abstract provided.

Cooper Supremacy, Rebecca E. Zietlow

University of Arkansas at Little Rock Law Review

No abstract provided.

Cooper V. Aaron: The First In The Trifecta Of Modern American Federalism Cases, Ronald L. Nelson

University of Arkansas at Little Rock Law Review

No abstract provided.

Domestic Constitutional Violence, F. E. Guerra-Pujol

University of Arkansas at Little Rock Law Review

No abstract provided.

Judicial Supremacy In A Federalism Context Through The Lens Of Cooper, Joel K. Goldstein

University of Arkansas at Little Rock Law Review

No abstract provided.

Cooper Supremacy, Rebecca E. Zietlow

University of Arkansas at Little Rock Law Review

No abstract provided.

Judicial Supremacy In A Federalism Context Through The Lens Of Cooper, Joel K. Goldstein

University of Arkansas at Little Rock Law Review

No abstract provided.

The “Uncanny Valley” And The Verisimilitude Of Sexual Offenders–Part I: An “Ethorobotic” Perspective, Michael T. Flannery

Law Faculty Scholarship

No abstract provided.

Deconstitutionalizing Dewey, Aaron J. Saiger

Faculty Scholarship

No abstract provided.

A Purpose-And-Effect Test To Limit The Expansion Of The Government Speech Doctrine, Will Soper

University of Colorado Law Review

The First Amendment of the Constitution prohibits the government from passing any law that limits the freedom of private speech. However, in order to effectively govern, the state must communicate its policies and messages in ways that may not leave room for competing views. Since the early 1990s, the Supreme Court has articulated and developed the doctrine of government speech: when the government speaks, it is exempt from the First Amendment. The doctrine's use and expansion has its detractors. Many are worried that government speech should only be protected when it would be clear to a reasonable listener that the …

Reforming Service Of Process: An Access-To-Justice Framework, Andrew C. Budzinski

University of Colorado Law Review

Over the past few decades, the number of pro se litigants in state civil courts has risen exponentially-between 75 percent and 90 percent of litigants in family law cases, landlordtenant disputes, and small claims actions did not have a lawyer in 2015. Procedural rules governing those proceedings, however, often impose requirements that disproportionately burden unrepresented litigants, fail to optimally protect the due process rights of those parties, and thereby deny them access to justice. Rules governing service of process illustrate this problem by requiring litigants to find a third party to hand-deliver court papers to a defendant directly or to …

A Constitutional Call To Arms, Hon. Carlos F. Lucero

University of Colorado Law Review

No abstract provided.

Powerful Speakers And Their Listeners, Helen Norton

University of Colorado Law Review

No abstract provided.

The Constitutionalization Of Fatherhood, Dara Purvis

Faculty Scholarship

Beginning in the 1970s, the Supreme Court heard a series of challenges to family law statutes brought by unwed biological fathers, questioning the constitutionality of laws that treated unwed fathers differently than unwed mothers. The Court’s opinions created a starkly different constitutional status for unwed fathers than for unwed mothers, demanding additional actions and relationships before an unwed father was considered a constitutional father. Although state parentage statutes have progressed beyond their 1970s incarnations, the doctrine created in those family law cases continues to have impact far beyond family law. Transmission of citizenship in the context of immigration law and …

The Quantum Of Suspicion Needed For An Exigent Circumstances Search, Kit Kinports

Faculty Scholarship

For decades, the United States Supreme Court opinions articulating the standard of exigency necessary to trigger the exigent circumstances exception to the Fourth Amendment's warrant requirement have been maddeningly opaque and confusing. Some cases require probable cause, others call for reasonable suspicion, and still others use undefined and unhelpful terms such as "reasonable to believe" in describing how exigent the situation must be to permit the police to proceed without a warrant. Nor surprisingly, the conflicting signals coming from the Supreme Court have led to disagreement in the lower courts.

To resolve this conflict and provide guidance to law enforcement …

Colombian Constitutionalism: Challenging “Judicial Supremacy” Through Pluralism, Santiago Garcia-Jaramillo

Cardozo International & Comparative Law Review

The article critically examines the role of judicial review in Colombia, particularly the Constitutional Court's expanding power, and argues for a more restrained approach to prevent judicial supremacy. It emphasizes the importance of pluralism and democratic decision-making, suggesting that controversial issues should be resolved through elected institutions rather than the judiciary. The analysis advocates for institutional reforms to strengthen Congress and ensure accountability, promoting a balance between judicial oversight and democratic processes.

The Peculiar Case Of State Network Neutrality Regulation, Thomas B. Nachbar

Cardozo Arts & Entertainment Law Journal

In the wake of the FCC's recent decision to rescind federal network neutrality rules, several states have implemented their own network neutrality regulations, some in the form of procurement conditions on state contracts and others affirmative mandates requiring broadband Internet service providers to observe neutrality in providing service. The federal government and industry trade associations have challenged the state network neutrality laws as both preempted and unconstitutional under the "dormant Commerce Clause" doctrine.

This paper analyzes those state restrictions as a matter of constitutional law. The Court has recently changed dormant Commerce Clause law, liberalizing those limits with regard to …

Response: Animus, Its Critics, And Its Potential, William Araiza

Faculty Scholarship

No abstract provided.

Animus And Its Discontents, William Araiza

Faculty Scholarship

No abstract provided.

The Soft Power Of Dissent: The Impact Of Dissenting Opinions From The Russian Constitutional Court, Alexandra V. Orlova

Vanderbilt Journal of Transnational Law

This Article poses a question regarding the importance of judicial dissents emanating from constitutional courts. It examines the power of dissents emanating from the Russian Constitutional Court, given the fact that the Russian government has invested a significant effort in suppressing dissenting voices. The very presence of dissents in the Russian Constitutional Court poses an interesting question regarding their impact on democracy, consensus building, and civil society. This Article argues that while dissents coming from the Russian Constitutional Court may not be binding, they carry a great deal of "soft power." Judicial dissents aid in challenging commonly espoused consensus both …

Right To Privacy, A Complicated Concept To Review, Ali Alibeigi, Abu Bakar Munir, Md Ershadul Karim

Library Philosophy and Practice (e-journal)

The Concept and definition of the privacy has been changed during the time affecting by different factors. At the same time, the boundaries of privacy may differ from one place to another affecting by the culture, religion, etc. Nonetheless, there is not a unique general accepted definition for the privacy. Privacy has been considered from different disciplines like sociology, psychology, law and philosophy. It is a multidisciplinary domain, having an easy concept but difficult to define. However, by reviewing all different viewpoints, it can be concluded that privacy is an individual tendency, wish and natural need to be away from …

Using Restorative Dialogue As An Assimilation Technique For Unaccompanied Children Escaping Gang Violence, Naomi Jawahar

Cardozo Journal of Conflict Resolution

This Note will first give background on the Northern Triangle area and background on the asylum process in Part I. Part II of the Note will discuss the negative government response in Section A. Section B will delve into the influence of gangs, Section C will discuss the relation between juvenile stigmatization and crime, and Section D will discuss the current resettlement process for UACs that is in place. Finally, Section E, of Part II, will discuss how ADR will help with the resettlement process. Part IH will offer a solution, with Section A showing how restorative dialogue specifically can …

Redefining "Life": The Constitutional Implications Of Patenting Immortality, Julia Spivak

Cardozo Arts & Entertainment Law Journal

No abstract provided.