Constitutional Law Commons^™

Thurgood Marshall Memorial Lecture 9-13-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Schrödinger’S Cat: A Constitutional Alien In Australia?, Benjamen Franklen Gussen

Brigham Young University Journal of Public Law

No abstract provided.

Racial Discrimination In Jury Selection: The Urgent Need For Sixth Amendment Protections For Black Capital Defendants, Claire Austin

Marquette Benefits and Social Welfare Law Review

In the U.S., death row is made up of a disproportionate number of black persons. In capital trials, black defendants often face all white juries. The deep-rooted racial discrimination in the justice system impacts jury selection because prosecutors use peremptory strikes to remove black jurors from the jury panel. As the law stands today, the Sixth Amendment guarantee of an impartial jury made up of a fair representation of the jury applies only to the pool of jurors called in for jury service, not those who are actually selected to hear the case.

This comment analyzes the Supreme Court decision, …

Constitutional Law—Fourth Amendment: Without Your Clothes, The Fourth Amendment Goes, Courtney Murray

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Filling The Gap: The Need For Legislative Action To Protect The Right To Record Police In The Age Of Citizen Journalism, Madalyn J. Goolsby

University of Arkansas at Little Rock Law Review

No abstract provided.

Movement On Removal: An Emerging Consensus On The First Congress, Jed Shugerman

Faculty Scholarship

What did the “Decision of 1789” decide about presidential removal power, if anything? It turns out that an emerging consensus of scholars agrees that there was not much consensus in the First Congress.

Two more questions follow: Is the “unitary executive theory” based on originalism, and if so, is originalism a reliable method of interpretation based on historical evidence?

The unitary executive theory posits that a president has exclusive and “indefeasible” executive powers (i.e., powers beyond congressional and judicial checks and balances). This panel was an opportunity for unitary executive theorists and their critics to debate recent historical research questioning …

Populist Constitutionalism, Anya Bernstein, Glen Staszewski

Faculty Scholarship

A Supreme Court majority has expressed hostility to administrative agencies. Yet, as this Article explains, agencies provide the primary site in our government for pluralistic contestation among disparate policy views. A political vision we identify as agonistic republicanism—a convergence among deliberative democrats, republican theorists, and agonism supporters—places such multilateral deliberation and debate among differing social groups at the foundation of democracy. A contrary vision, authoritarian populism, imagines a single leader embodying the will of a unified people with little use for the institutional mediation of divergent perspectives. This view, prominent in politics, enters legal theory through the rhetoric of judicial …

The Future Of Freedom Of Press In Indonesia After The Personal Data Protection Law Era, Untung Sumarwan, Arief Hidayat, Lita Tyesta Alw

Indonesia Law Review

The press is a manifestation of the sovereignty of the Indonesian people. Unfortunately, the spirit of freedom of the press seems to be still experiencing shocks from various angles, one of which is the birth of Law number 27 of 2022 concerning Personal Data Protection (PDP Law). On the one hand, the presence of the PDP Law should be appreciated as a form of government effort to protect citizens' rights to privacy. However, unfortunately, several article provisions in the PDP Law still intersect with the Press, which are not a form of restriction in positive terms but have the potential …

Understanding The Typology Of Health Sector Corruption In Indonesia, Ratna Juwita

Indonesia Law Review

Health sector corruption is considered as one of the most serious barriers to the realisation of the right to health due to the complexity of the health care system structure. This research aims firstly to explain the international legal obligations of Indonesia concerning the right to health and anticorruption and subsequently explain the measures taken by Indonesia to realise its international legal obligations. Secondly, legally binding judgments on health sector corruption will be collected to formulate the typology of health sector corruption in Indonesia. The construction of the typology of health sector corruption is to pinpoint the pattern of corruption …

Indonesian Capital Market Investor Protection In Cases Of Embezzlement, Arman Nefi, Adiwarman Adiwarman

Indonesia Law Review

Law Number 8 of 1995 on Capital Market, in Articles 90 to 98, regulates fraud, market manipulation and insider trading. There is no regulation of embezzlement in the Indonesian Capital Market. Have the legislators forgotten, or have anticipated that there will never be embezzlement in the legal realm of the Indonesian Capital Market? The paper deals with the absent of criminalization of embezzlement in capital market act and produce the recommendation to cope with the issue. This study uses a normative legal analysis method with a conceptual, an analytical, and a case study approach. Several legal cases that are strongly …

The Implementation Of The Religion Rights For Transgender In Indonesia, Ratih Andani Setyo Budhi

Indonesia Law Review

The rights to conduct religious practice are undoubtedly essential for all human beings, including transgender people. However, in practice, they often found obstacles in implementing their fundamental rights to pray to God. The main objectives of this paper are to understand the statutory laws applicable in Indonesia regarding the rights of the religion of the Indonesians for transgenders, and how is the actual implementation by the government in fulfilling the rights, as well as examining case experienced by the transgenders who live in Pondok Pesantren Waria (Female Transgender Madrasa) Al- Fatah Yogyakarta. The Author was using a combination of library …

Morality In Law: An Analysis Towards The Legal Philosophy And Indonesia National Legal System, Ade Adhari, Tundjung Sitabuana, Indah Siti Aprilia

Indonesia Law Review

The philosophy of law schools, such as positivism and naturalism, always have opposing arguments about moral and law separation. Positivism on one side, believes that morality is a non-law element that has to be strictly separated from the law, while on the other side, naturalism says moral can not be separated from the law and that moral has to become the basis of every law. However, the positivism idea is arduous to be implemented in the current situation as the legal product is constantly managed to conform with the moral values. The objectives of this paper are to study: (1) …

A Not-So Turkish Delight: The Implications Of Turkey’S Unprecedented Withdrawal From A Groundbreaking Women’S Rights Treaty And The Need For International Reform, Allyssa Myers

Brooklyn Journal of International Law

Domestic violence against women is one of the most pervasive and pressing international issues of our time. There have been multiple international human rights treaties enacted to address this issue and move to end gender-based violence—the Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence (Istanbul Convention) being one. Created in 2011, the Istanbul Convention sought to provide an international legal framework for how states should work toward eradicating gender-based violence. Turkey, the first country to sign and to subsequently ratify the Istanbul Convention, unprecedently withdrew from the Convention in 2021. Turkish President Recep Tayyip …

Brief Of Amici Curiae Eugene Volokh, Richard W. Garnett, & Michael Stokes Paulsen In Support Of Petitioner, Brian D. Schmalzbach, Richard W. Garnett

Court Briefs

No. 23-74
Debra A. Vitagliano v. County of Westchester, New York

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Second Circuit

From the Summary of Argument

Even many steadfast supporters of abortion rights believed that the Court erroneously applied the First Amendment in Hill v. Colorado, 530 U.S. 703 (2000). As put bluntly by leading liberal scholar Professor Laurence Tribe, Hill was among the candidates for “most blatantly erroneous” decisions of the 1999 Term. Tribe added that the case was “slam- dunk simple” yet the Court got it “slam-dunk wrong.”

Pro-choice …

Are Handguns A Matter Of Privacy?, Bret N. Bogenschneider

St. Mary's Law Journal

The thesis developed in this Article is that the Heller and Bruen cases involved primarily right-to-privacy concerns. By its terms, the Second Amendment involves the collective right to bear Arms in connection to regulated militia service and does not mention handguns. Handguns were not “ordinary military weapons” employed by a militia at the time of the American revolution under the originalist view. The Ninth and Fourteenth Amendments are more appropriate sources for an individual privacy right related to the possession of handguns for private purposes, such as for self-defense or suicide. However, a prohibition of handguns under this approach would …

Former Colombian Constitutional Judge And Ut-Austin Professor Join Ccd Board, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

On Friday, August 11, and following the recent appointment of Brady Harman and Greg Zoeller, the Center for Constitutional Democracy added two new members to its Advisory Board: Professor Richard Albert (University of Texas at Austin) and Justice Manuel Cepeda (former President of the Constitutional Court of Colombia).

Judicial Selection That Fails The Separation Of Powers, Stephen Ware

Catholic University Law Review

Executive power should be constrained by checks and balances. The United States’ long and strong tradition of concerns about executive power, and its complementary tradition of Madisonian checks and balances on and to the executive, include the selection of supreme court justices. Neither the U.S. Constitution nor the constitution of any state places solely in the executive the power to appoint a justice to begin a new term on the (federal or state) supreme court. However, several states fail to constrain gubernatorial power in selecting justices to finish a term already started by another justice and these interim appointments are …

Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley

DePaul Business & Commercial Law Journal

No abstract provided.

Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom

DePaul Business & Commercial Law Journal

No abstract provided.

Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker

DePaul Business & Commercial Law Journal

No abstract provided.

Welcome Address, Lauren Mckenzie

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

What Is The Optimal Basis For Imposing Government Liens?, Randall K. Johnson

Faculty Works

By presenting a detailed case study, which focuses on who gets subjected to government liens, this essay helps U.S. states to make more informed decisions. It seeks to do so by critically assessing Illinois’ historic approach to lien imposition and enforcement, in part, because this state had the most forced sales of real property in recent years. In addition, Illinois also generated the largest amount of related economic losses in the U.S. during that same time period. This state did so despite adhering to the old majority rule for turning over surplus value from such sales. That rule required creditors …

Meet Our New Faculty: Yvette Butler, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Associate Professor Yvette T. Butler joined the Indiana Law faculty this summer. She earned an undergraduate degree from the University of Minnesota, Morris, and her law degree from The George Washington University Law School.

Law School News: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.

Commentary: Further Prosecutions Over The 2020 Election Are Not Justified, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

United States Of America V. Donald J. Trump, Defendant, Jack Smith

United States Department of Justice: Publications

Violations: Count 1: 18 U.S.C. § 371 (Conspiracy to Defraud the United States) Count 2: 18 U.S.C. § 1512(k) (Conspiracy to Obstruct an Official Proceeding) Count 3: 18 U.S.C. §§ 1512(c)(2), 2 (Obstruction of and Attempt to Obstruct an Official Proceeding) Count 4: 18 U.S.C. § 241 (Conspiracy Against Rights)

The Grand Jury charges that, at all times material to this Indictment, on or about the dates and at the approximate times stated below:

1. The Defendant, DONALD J. TRUMP, was the forty-fifth President of the United States and a candidate for re-election in 2020. The Defendant lost the 2020 …

A Theory Of Substantive Standards Of Review: The Case Of Corporate Law, Tomer S. Stein

Scholarly Works

In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Supreme Court limited deference to universities. In West Virginia v. EPA, the Court reduced its deference to administrative agencies. In Coster v. UIP Cos., Inc., the Delaware Supreme Court limited deference to boards of directors, proclaimed a new standard of review, and then retracted the new standard of review (maybe). Common to these constitutional, administrative, and corporate law cases is unpredictability, uncertainty, and inconsistency in the use and application of substantive standards of review. This doctrinal chaos is explicitly acknowledged by the very judges that formulate …

Finding A Port In The Storm: Constitutional Claims Find Protection Under The Fifth Amendment In Municipal Bankruptcy In In Re Financial Oversight & Management Board, Mark Lammey

Villanova Law Review (1956 - )

No abstract provided.

Why The Court Should Reexamine Administrative Law's Chenery Ii Doctrine, Gary S. Lawson, Joseph Postell

Faculty Scholarship

Part I of this article begins by discussing some fundamental constitutional principles that were raised, sometimes implicitly and indirectly, in the Chenery cases. Those principles point to limits on administrative adjudication that go well beyond those recognized in current doctrine. We do not here seek to push those principles as far as they can go, though we offer no resistance to anyone who wants to trod that path. Instead, we identify and raise those principles to help understand the scope and limits of actual doctrine. Our modest claims here are that constitutional concerns about at least some classes of agency …