Constitutional Law Commons^™

G.G. Ex Rel. Grimm V. Gloucester County School Board: Broadening Title Ix’S Protections For Transgender Students, Sam Williamson

Maryland Law Review

No abstract provided.

Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust

BYU Law Review

The Title IX religious exemption demonstrates how statutory religious exemptions can help further social change by neutralizing potential conflict with religious dissenters. Part of the reason for its success is that it is narrowly constructed and automatically applies to qualifying institutions. However, the regulations contradict the statutory text by potentially giving the Department of Education discretion to grant or deny exemptions. Were the Department to fully exercise this power, its actions would conflict with both the language of the statute and the Constitution. The Department of Education’s recent scrutiny of the “controlled by” language of the exemption provides an example …

It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Analisis Yuridis Terhadap Asas Efisiensi Berkeadilan Berdasarkan Pasal 33 Ayat (4) Uud 1945 Dalam Peraturan Perundang-Undangan Di Bidang Ketenagalistrikan, Adhi Anugroho, Ratih Lestarini, Tri Hayati

Jurnal Hukum & Pembangunan

This thesis discusses the implementation of the principle of "equitable efficiency" as contained in Article 33 paragraph (4) of the 1945 Constitution After the 4th Amendment in legislations concerning electricity. This research analyzes how the Constitutional Court interprets the element of "equitable efficiency" in the constitutional reviews Electricity Law. This article concludes that the meaning of "equitable efficiency" in Article 33 paragraph (4) of the 1945 Constitution After the 4th Amendment is that the national economy should be organized to use the least amount of resources to achieve the greatest amount of welfare which could be enjoyed equitably by the …

Examining Pennsylvania Human Relations Commission V. School District Of Philadelphia: Considering How The Supreme Court’S Waning Support Of School Desegregation Affected Desegregation Efforts Based On State Law, Steven L. Nelson, Alison C. Tyler

Seattle University Law Review

This study examines the enforcement of desegregation orders mandated under state law as a result of the Supreme Court’s handling of school desegregation cases at the federal level. The Article tracks the development of school desegregation cases starting shortly before Brown v. Board of Education and continues through the recent voluntary school desegregation case, Parents Involved in Community Schools v. Seattle School District No. 1. The Article establishes four distinct generations of school desegregation cases at the federal level and determines that the political tides created, in large part, by the U.S. Supreme Court’s handling of federal school desegregation cases …

Malfitano V. County Of Storey, 133 Nev. Adv. Op. 40 (June 29, 2017), Brent Resh

Nevada Supreme Court Summaries

The term “satisfactory”, as used in county code providing for liquor licensing, was not unconstitutionally vague where the provision was not related to any civil or criminal penalty. Additionally, Respondents did not violate Appellant’s due process rights by denying his application for a liquor license because Appellant had no cognizable property interest in or entitlement to the license. Finally, Appellant’s equal protection rights were not violated because Respondents had a rational basis for denying Appellant’s application.

Motivating Constitutional Compliance, Erica Hashimoto

Florida Law Review

Some constitutional rights of criminal defendants lend themselves to systematic violations at the trial level. In particular, state officials may gravitate toward such violations when (1) the nature of the relevant right renders violations difficult to detect at the trial level, and (2) constitutional compliance imposes especially high costs. For rights with those two characteristics, a trial-level remedy may not adequately protect the right, and a robust appellate remedy may be necessary to provide an adequate incentive for constitutional compliance. But because the Court has not considered the importance of deterring constitutional violations outside of the exclusionary rule context, it …

June 24, 2017: Three Religion Stories Demonstrate The Importance And Difficulty Of Reaching Healthy Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Three Religion Stories Demonstrate the Importance and Difficulty of Reaching Healthy Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Holding Supporters Of Terrorism Accountable: The Exercise Of General Jurisdiction Over The Pa And Plo In A Post-Daimler Framework, Mark D. Christopher

Georgia Journal of International & Comparative Law

No abstract provided.

Bertsch V. Eighth Jud. Dist. Ct., 133 Nev. Adv. Op. 33, (June 22, 2017), Sydney Campau

Nevada Supreme Court Summaries

To sue a court-appointed master who has quasi-judicial immunity, an individual must seek leave of the appointing court. This includes court-appointed forensic accountants who were acting within the scope of their duties.

Pimentel V. State, 133 Nev. Adv. Op. 31 (June 22, 2017), Ping Chang

Nevada Supreme Court Summaries

The Court determined that (1) the challenge-to-fight theory under NRS 200.450 is not vague and overbroad, (2) all bench conferences must be recorded in criminal trials, (3) self-defense is not available as a defense in a violation of NRS 200.450, and (4) an expert witness cannot impeach defendant’s testimony with statements defendant made during court-ordered psychiatric evaluation.

Nationstar Mortg. V. Sfr Invs. Pool 1, 133 Nev. Adv. Op. 34 (June 22, 2017), Elise Conlin

Nevada Supreme Court Summaries

The Court held that a servicer of a loan that is owned by a regulated entity does have standing to raise claims on behalf of the Federal Housing Finance Agency. If a party argues that federal law preempts state law when a case is properly before the court, then the court has authority to determine that issue.

The Boundaries Of Partisan Gerrymandering, John M. Greabe

Law Faculty Scholarship

[Excerpt] “In my most recent column, I expressed concern about the effectiveness of the constitutional decision rules that currently govern gerrymandering – the redrawing of electoral districts in a manner that favors the incumbent majority at the expense of those out of power.

Briefly, the Constitution has not been interpreted to prohibit redistricting with an eye toward advancing the interests of the political party in power. But it has been interpreted to bar legislators from redistricting on racial grounds – at least in most circumstances.

The problem is that voters from certain racial groups tend to vote overwhelmingly for …

June 17, 2017: You Cannot Care Only About The Freedom Of Cubans, Bruce Ledewitz

Hallowed Secularism

Blog post, “You Cannot Care Only About the Freedom of Cubans“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 15, 2017: But If Trump Is Hitler And The Republicans Are The Nazi Party, Why Not Open Fire?, Bruce Ledewitz

Hallowed Secularism

Blog post, “But if Trump is Hitler and the Republicans Are the Nazi Party, Why Not Open Fire?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Association For Civil Rights In Israel V. Minister Of Public Security, Elyakim Rubinstein, Hanan Melcer, Uri Shoham

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The Petition asked that the minimum living space allotted to every prisoner and detainee in Israeli prison and detention facilities be set at 4 square meters, exclusive of lavatory and shower areas. The Petition was grounded upon two primary legal provisions: sec. 11(B(b) of the Prisons Ordinance, which was introduced to the Ordinance by the Prisons Ordinance (Amendment no. 42) Law, 5772-2012, (Amendment 42) …

Trump V. International Refugee Assistance Project, Et Al.: Motion For Leave To File Amicus Brief In Three Related Proceedings And Brief Of Constitutional Law Scholars As Amici Curiae Opposing The Government's Application For Stay, Richard Primus

Appellate Briefs

Amici are constitutional law scholars. They submit this brief to identify a distinct legal principle compelling the conclusion that the revised executive order is unconstitutional: the long-settled prohibition on governmental acts based on animus toward a particular religious group.

The court of appeals safeguarded the religious liberty guaranteed by the Constitution by finding Executive Order No. 13,780, 82 Fed. Reg. 13,209 (Mar. 9, 2017) (the "Order") unconstitutional and affirming the preliminary injunction granted by the district court. That liberty should not be imperiled by granting the Government's motion for a stay. The Fourth Circuit relied on McCreary County v. ACLU …

June 12, 2017: Donald Trump Got Elected, Remember?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Donald Trump Got Elected, Remember?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Brief Of The National Association For Public Defense As Amici Curiae Supporting Petitioner, Byrd V. U.S. (U.S. June 12, 2017) (No. 16- 1371)., Janet Moore

Faculty Articles and Other Publications

More than two centuries after it was ratified, the Fourth Amendment continues to protect the “right of the people to be secure” from “unreasonable searches.” U.S. Const. amend. IV. Modern technological advances and social developments do not render our rights “any less worthy of the protection for which the Founders fought.” Riley v. California, 134 S. Ct. 2473, 2494–95 (2014). This Court plays an essential role in ensuring that the Fourth Amendment retains its vitality as an indispensable safeguard of liberty, even as Americans dramatically change the ways they organize their everyday affairs. This case calls for the Court to …

Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton

Pace Intellectual Property, Sports & Entertainment Law Forum

Reprinted from 16 U.C. Davis Bus. L.J. 309 (2016). This paper explores the Sony hack in 2014 allegedly launched by the North Korean government in retaliation over Sony’s production of The Interview and considers the hack’s chilling impact on speech in technology. One of the most devastating cyber attacks in history, the hack exposed approximately thirty- eight million files of sensitive data, including over 170,000 employee emails, thousands of employee social security numbers and unreleased footage of upcoming movies. The hack caused Sony to censor the film and prompted members of the entertainment industry at large to tailor their communication …

Brief Of Amici Curiae Intellectual Property Law Professors In Favor Of Judgement As A Matter Of Law, John A. Conway, Mark Mckenna

Court Briefs

No. 3:14-cv-01849-K
Zenimax Media Inc. v. Oculus VR, LLC

From the Summary of ArgumentPlaintiff’s false designation of origin and false endorsement claims, such as they are, rest on the assertion that defendants falsely represented themselves as the origin of intellectual property on which the Oculus Rift is based. Those claims are barred by Dastar v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003), which holds that only confusion regarding the origin of physical goods is actionable under the Lanham Act.

Finding Justice, Laurie L. Levenson

ConLawNOW

In this essay memoralizing remarks presented on Constitution Day, Professor Laurie Levenson reflects on her transition from federal prosecutor to defense attorney as founder of Loyola Law School’s Project for the Innocent. She recounts the stories of two clients freed by the work of the Project. She then discusses how this work revealed blind faith in the Constitution is not enough to ensure that only the guilty are convicted. We need to do better. Levenson argues that we need to realize that constitutional rights only protect individuals if both prosecutors and defense lawyers want those rights to work. A prosecutor …

Beyond The Money: Expected (And Unexpected) Consequences Of America's War On Drugs, Cynthia Brown

Lincoln Memorial University Law Review Archive

The purpose of this paper is to provide a high-level survey of our nation’s prohibition policies within the context of the costs of the law enforcement efforts upholding those policies. The discussion will offer a cursory review of the economic expense of the war on drugs with tangential coverage of the constitutional, institutional and intangible expenses that are inseparable from an assessment of the costs of America’s drug control efforts. Part I provides a historical review of illicit drug use in the United States, while Part II supplies the evolution of the country’s efforts to codify its drug control policies. …

June 7, 2017: The Play An Act Of God Cannot Decide What It Wants To Be, Bruce Ledewitz

Hallowed Secularism

Blog post, “The play An Act of God Cannot Decide What It Wants to Be“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Let’S Be Reasonable: Why Neither Nollan/Dolan Nor Penn Central Should Govern Generally-Applied Legislative Exactions After Koontz, Glen Hansen

Pace Environmental Law Review

This article explains why the Nollan/Dolan test should not apply to legislatively imposed exactions, provided that such exactions satisfy two key criteria: (1) the exaction is generally-applied; and (2) the exaction is applied based on a set legislative formula without any meaningful administrative discretion in that application. Legislative exactions that fail to meet those two criteria should be governed by the Nollan/Dolan standard of review in the same manner as the ad hoc adjudicative exaction in Koontz. Furthermore, legislative exactions that satisfy those two criteria also should not be governed by the factored analysis in Penn Central Transportation Co. v. …

Race, Partisan Gerrymandering And The Constitution, John M. Greabe

Law Faculty Scholarship

[Excerpt] “For the most part, the Constitution speaks in generalities. The 14th Amendment, for example, instructs the states to provide all persons the "equal protection of the laws." But obviously, this cannot mean that states are always forbidden from treating a person differently than any other person. Children can, of course, be constitutionally barred from driving, notwithstanding the Equal Protection Clause. Thus, there is a need within our constitutional system to refine the Constitution's abstract provisions.”

June 1, 2017: Exiting The Paris Accord, Bruce Ledewitz

Hallowed Secularism

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

Qualitative Diversity: Affirmative Action's New Reframe, Eang L. Ngov

Faculty Scholarship

No abstract provided.

Sargeant V. Henderson Taxi, 133 Nev. Adv. Op. 27 (June 1, 2017), Ping Chang

Nevada Supreme Court Summaries

The Court determined that (1) a summary judgment is proper when the opposing party did not file a substantive opposition to the motion for summary judgment and (2) a class certification is inappropriate when the plaintiff/appellant did not meet the burden of demonstrating “numerosity, commonality, and typicality,” and the ability to “fairly and adequately” represent the class members when an earlier-filed grievance between the union and taxi company resolved the minimum wage back-pay dispute at issue.