Constitutional Law Commons^™

The Texas Supreme Court Retreats From Protecting Texas Students, Albert Kauffman

The Scholar: St. Mary's Law Review on Race and Social Justice

This Article criticizes the 2016 Texas Supreme Court school finance decision, the latest of seven decisions starting in 1989, for its disregard of both the record in the case and the realities of the Texas Constitution and Texas politics. The Article also focuses on how standards for reviewing legislation have changed and the Texas Supreme Court's irrational and unfounded retreat to the "money doesn't make a difference" theory of school finance. Finally, the Article recommends a return to an objective, comprehensible, enforceable and constitutional system of review, and concludes with a prayer for holdings that recognize the inequities of the …

Indecency Four Years After Fox Television Stations: From Big Papi To A Porn Star, An Egregious Mess At The Fcc Continues, Clay Calvert, Minch Minchin, Keran Billaud, Kevin Bruckenstein, Tershone Phillips

University of Richmond Law Review

Using the WDBJ case as an analytical springboard, this article examines the tumultuous state of the FCC's indecency enforcement regime more than three years after the Supreme Court's June 2012 opinion in Fox Television Stations. Part I of this article briefly explores the missed First Amendment opportunities in Fox Television Stations, as well as some possible reasons why the Supreme Court chose to avoid the free-speech questions in that case." Part II addresses the FCC's decision in September 2012 to target only egregious instances of broadcast indecency and, in the process, to jettison hundreds of thousands of complaints that had …

The Equal Protection Component Of Legislative Generality, Evan C. Zoldan

University of Richmond Law Review

This article advances the broad project outlined above by recognizing

the equal protection component of legislative generality.

Exploring the relationship between the Equal Protection Clause

and the value of legislative generality both enhances an understanding

of the proper bounds of the Equal Protection Clause and

helps define the ultimate parameters of a value of legislative generality.

Part I of this article defines and provides paradigmatic

examples of special legislation. Part II identifies the most widely

held conceptions of equality that can be enforced through the

Equal Protection Clause and describes how special legislation offends

these conceptions. Part III describes how …

What Changes In American Constitutional Law And What Does Not, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.

Brief Of Amici Curiae Glbtq Legal Advocates & Defenders Et Al. In Support Of Respondent In Gloucester County School Board V. G.G., Sjc 16-273, Jennifer Levi, Shannon P. Minter, Dean Richlin, Amanda Hainsworth, Rachel Hutchinson, Emily J. Nash

Faculty Scholarship

Amici brief submitted by the GLBTQ Legal Advocates & Defenders, the National Center for Lesbian Rights, and Foley Hoag, LLP. to the Supreme Court of the United States in the case of Gloucester County School Board v. G.G., by His Next Friend and Mother, Deirdre Grimm. The brief argues that the Court should reject the school board’s claim that privacy interests justify its discriminatory policy for three reasons. First, there is no basis for the creation of a new privacy right that justifies excluding transgender students from shared restrooms. Second, nothing in Title IX or its regulations supports the School …

The Modern Class Action Rule: Its Civil Rights Roots And Relevance Today, Suzette M. Malveaux

Publications

The modern class action rule recently turned fifty years old — a golden anniversary. However, this milestone is marred by an increase in hate crimes, violence and discrimination. Ironically, the rule is marking its anniversary within a similarly tumultuous environment as its birth — the civil rights movement of the 1960’s. This irony calls into question whether this critical aggregation device is functioning as the drafters intended. This article makes three contributions.

First, the article unearths the rule’s rich history, revealing how the rule was designed in 1966 to enable structural reform and broad injunctive relief in civil rights cases. …

Making Room For Juvenile Justice: The Supreme Court's Decision In Montgomery V. Louisiana, Chelsea S. Gumaer

Loyola of Los Angeles Law Review

No abstract provided.

Returning To Roe: The Renewed Promise Of Whole Woman's Health, Cristina Salcedo

Loyola of Los Angeles Law Review

No abstract provided.

December 4, 2016: The Supreme Court And Politics, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Supreme Court and Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 10, 2016: Don’T Forget That The Game Is Still Rigged, Bruce Ledewitz

Hallowed Secularism

Blog post, “Don’t Forget that the Game is Still Rigged“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 27, 2016: Republicans About To Practice Supreme Court Shutdown, Bruce Ledewitz

Hallowed Secularism

Blog post, “Republicans About to Practice Supreme Court Shutdown“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Introduction: Is The Supreme Court Failing At Its Job, Or Are We Failing At Ours?, Suzanna Sherry

Vanderbilt Law Review

It is a pleasure and a privilege to write an introduction to this Symposium celebrating Dean Erwin Chemerinsky's important new book, The Case Against the Supreme Court. Chemerinsky is one of the leading constitutional scholars of our time and a frequent advocate before the U.S. Supreme Court. If he thinks there is a case to be made against the Court, we should all take it very seriously indeed. Chemerinsky's thesis may be stated in a few sentences. The primary role of the Supreme Court, in his view, is to "protect the rights of minorities who cannot rely on the political …

Habeas Corpus And The Exceptions Clause : Exploring Intergenerational Institutional Struggle., Kevin Grout

College of Arts & Sciences Senior Theses

No abstract provided.

Clarence Thomas, Fisher V. University Of Texas, And The Future Of Affirmative Action In Higher Education, Scott D. Gerber

University of Richmond Law Review

No abstract provided.

The Constitutional Limits Of Client-Centered Decision Making, Todd A. Berger

University of Richmond Law Review

No abstract provided.

Law Professors Want Hearing, Vote On Garland, Eric Berger, Kristen M. Blankley, Brian H. Bornstein, Eve M. Brank, Robert C. Denicola, Alan H. Frank, Stephen S. Gealy, Justin Hurwitz, David Landis, Craig M. Lawson, Richard Leiter, William H. Lyons, Richard H. Lawson, Matt Novak, Allen Overcash, Stefanie S. Pearlman, Ross Pesek, Kevin Ruser, Robert F. Schopp, Anthony Schutz, Anna Williams Shavers, Brett C. Stohs, Ryan Sullivan, Richard L. Weiner, Steven L. Willborn, Sandra Zellmer

Nebraska College of Law: Faculty Publications

Dear Senator Fischer and Senator Sasse,

We write this as citizens, but we all teach at the University of Nebraska College of Law. We hold different political viewpoints and disagree frequentIy with each other on political and legal issues. As law professors, however, we share a deep commitment to the rule of law and an impartial judiciary. We therefore urge you to hold confirmation hearings and a vote on President Obama's Supreme Court nominee, Chief Judge Merrick B. Garland.

March 25, 2016: Religious Exemptions, Bruce Ledewitz

Hallowed Secularism

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

What Two Legal Scholars Learned From Studying 70 Years Of Supreme Court Confirmation Hearings, Lori A. Ringhand, Paul Collins

Popular Media

This article in The Conversation on March 21, 2016 and moves beyond the conventional wisdom espoused by Biden, Kagan and others, and presents a strong case for an alternative view of the hearings. Examining every statement made at confirmation hearings from 1939 to 2010, we conclude the hearings are important to the health of American democracy. Based on this, we’d like to see partisan politics pushed aside and Judge Merrick Garland to get a hearing.

The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel M. Gora

Touro Law Review

No abstract provided.

Shakin' And Bakin': The Supreme Court's Remarkable Criminal Law Rulings Of The 1999 Term, William E. Hellerstein

Touro Law Review

No abstract provided.

Third Department, Rossi V. City Of Amsterdam, Aron Rattner

Touro Law Review

No abstract provided.

First Department, People V Robinson, Courtney Blakeslee

Touro Law Review

No abstract provided.

First Department, People V. Mason, Kathleen Byrne

Touro Law Review

No abstract provided.

Supreme Court, New York County, Kellogg V. Travis, Donna A. Napolitano

Touro Law Review

No abstract provided.

Supreme Court, Kings County, People V. Ortiz, Robert Kronenberg

Touro Law Review

No abstract provided.

Supreme Court, Kings County, People V. Butler, Robert B. Kronenberg

Touro Law Review

No abstract provided.

Supreme Court, Monroe County, People V. Dejac, Danielle Marks

Touro Law Review

No abstract provided.

Supreme Court, Bronx County, People V. Figueroa, Erik Lindemann

Touro Law Review

No abstract provided.

Supreme Court, Queens County, People V. Amadeo, Erik Lindemann

Touro Law Review

No abstract provided.

The Impact Of Village Of Willowbrook V. Olech On Disparate Treatment Claims, J. Michael Mcguiness

Touro Law Review

No abstract provided.