Constitutional Law Commons^™

Financial Oversight And Management Board For Puerto Rico V. Aurelius Investment, Llc, Rafael Cox Alomar

Court Briefs

No abstract provided.

August 24, 2019: Would I Help Donald Trump?, Bruce Ledewitz

Hallowed Secularism

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

Symposium: 50 Years With The 25th Amendment: Interpreting The Twenty-Fifth Amendment: Major Controversies, Harold Hongju Koh

ConLawNOW

In recent months, probably no constitutional provision has been more discussed, but less well understood, than Section Four of the Twenty-fifth Amendment. In its fifty-year history, the provision has never been triggered. But were that to happen, that constitutional provision could lead to the permanent separation of an American President from his powers and duties within less than one month. The Amendment's text raises numerous interpretive questions. This lecture functions as a reader's guide to Yale Law School Rule of Law Clinic's Reader's Guide to the Twenty-Fifth Amendment to the United States Constitution, which seeks to answer those questions. The …

August 20, 2019: Change Point In The Culture, Bruce Ledewitz

Hallowed Secularism

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

Survey Of Washington Search And Seizure Law: 2019 Update, Justice Charles W. Johnson, Justice Debra L. Stephens

Seattle University Law Review

This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …

August 18, 2019: How Unfriendly Is The Internet?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Unfriendly Is the Internet?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 15, 2019: What Would “Bends Toward Justice” Mean To Doris Lessing?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Would “Bends Toward Justice” Mean to Doris Lessing?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Allen V. Cooper: Brief Of Public Law Scholars As Amici Curiae In Support Of Petitioners, Samuel Bagenstos

Appellate Briefs

Amici are scholars of constitutional law, federal jurisdiction, and civil rights law who have taught and written about the Eleventh Amendment and state sovereign immunity for many years. We present this brief in an effort to make our scholarship and experience useful to the Court.

This brief suggests a path for resolving this important case that is faithful to the Constitution's text and history, minimizes disruption to this Court's state sovereign immunity jurisprudence, and maximizes the chance for consensus on the Court. The key is this Court's unanimous decision, authored by Justice Antonin Scalia, in United States v. Georgia, …

Brief For Law Professors As Amici Curiae Supporting Petitioners, Allen V. Cooper, No. 18-877 (U.S. Aug. 13, 2019)., William J. Rich, Richard L. Aynes, James W. Fox Jr., Wilson R. Huhn, Jeffrey D. Jackson, Marcia L. Mccormick, William G. Merkel, Bryan H. Wildenthal

Con Law Center Amicus Briefs

The Copyright Remedy Clarification Act of 1990 ("CRCA") validly and unambiguously abrogated sovereign immunity for copyright infringement. The Fourth Circuit, however, held that Congress lacked authority to abrogate Eleventh Amendment immunity. In reaching that decision, the court failed to consider Congress's authority to abrogate sovereign immunity for "actual" violations of the Privileges or Immunities Clause of the Fourteenth Amendment. From the Slaughter-House decision in 1873 to McDonald u. City of Chicago in 2010, this Court has repeatedly explained that the Privileges or Immunities Clause protects statutory rights that "owe their existence to the Federal government." See the Slaughter-House Cases, 83 …

Brief Of Constitutional Law Professors As Amici Curiae In Support Of Respondent, Vincent Levy, Timothy Zick, Gregory P. Magarian

Briefs

No abstract provided.

August 11, 2019: Here Is The Column On Mass Shootings And Our Spiritual Crisis, Bruce Ledewitz

Hallowed Secularism

Blog post, “Here is the column on mass shootings and our spiritual crisis“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Brief Of Douglas Laycock, James E. Pfander, Alexander A. Reinert And Joanna C. Schwartz As Amici Curiae In Support Of Petitioners, Alexander A. Reinert

Amicus Briefs

Amici are legal scholars whose focus includes remedies, federal courts, the separation of powers, and constitutional law. They have a strong professional interest in the proper development of the law, which includes accounting for the best available empirical evidence and structural legal principles bearing on the questions here at issue.

Amici are Douglas Laycock, Robert E. Scott, Distinguished Professor of Law at the University of Virginia School of Law; James E. Pfander, Owen L. Coon Professor of Law at the Pritzker School of Law at Northwestern University; Alexander A. Reinert, Max Freund Professor of Litigation and Advocacy at the Benjamin …

Establishing An “Injury-In-Fact” Through Valuations Of Ecosystem Services: Putting It In Terms Federal Courts Understand, Allie Jo Mitchell

Minnesota Journal of Law, Science & Technology

No abstract provided.

August 8, 2019: America Needs A Substitute For God, Bruce Ledewitz

Hallowed Secularism

Blog post, “America Needs a Substitute for God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

A Rhetorical Revolution: The Antithesis Of The First Amendment, Eimi Priddis Yildirim

Brigham Young University Journal of Public Law

No abstract provided.

The Upside Of Deep Fakes, Jessica Silbey, Woodrow Hartzog

Maryland Law Review

No abstract provided.

Condemn(The)Nation: Holding The United States Accountable Through Inverse Condemnation Claims For Its Role In Bringing About- And Then Failing To Mitigate And Adapt To Certain Effects Of- Climate Change, Joseph Rosenberg

Buffalo Environmental Law Journal

No abstract provided.

Fixing Congress, Samuel A. Marcosson

Brigham Young University Journal of Public Law

No abstract provided.

Mathena V. Malvo: Brief Amici Curiae Of Erwin Chemerinsky, Aziz Huq, Leah Litman, David Strauss, Carlos Vazquez, And Larry Yackle In Support Of Respondent, Leah Litman

Appellate Briefs

Amici Erwin Chemerinsky, Aziz Huq, Leah Litman, David Strauss, Carlos Vazquez, and Larry Yackle are federal courts scholars, studying the operation and purposes of federal jurisdiction and criminal law. Although they have divergent legal and political outlooks, amici share a keen interest in the federal courts, having published extensively on these topics and collected decades of experience examining issues implicated in this case.

This case concerns the scope of the constitutional rule announced in Miller v. Alabama, 567 U.S. 460 (2012), and held applicable on collateral review in Montgomery v. Louisiana, 136 S. Ct. 718 (2016). Respondent Lee …

Drying Up The Slippery Slope: A New Approach To The Second Amendment, Stephanie Cooper Blum

Buffalo Law Review

Few issues are as divisive as guns in American society. In 2017, gun deaths in the United States reached their highest level in nearly forty years. The status quo is untenable as many gun rights groups feel that gun regulations are just a first step in a slippery slope of undermining the Second Amendment’s right to bear arms for self-defense. Conversely, many gun violence prevention activists insist that reasonable regulations concerning public safety can co-exist with the right to bear arms. This quagmire will never abate because on many levels both sides are right. For over 200 years, the courts …

Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman

Maryland Law Review

No abstract provided.

Interpreting Emoluments Today: The Framers’ Intent And The “Present” Problem, Bianca Spinosa

Maryland Law Review

No abstract provided.

Joaquin – The Congenital Warrior, Tayyab Mahmud

Seattle Journal for Social Justice

No abstract provided.

Some Thoughts On Joaquin Ávila, Bill Tamayo

Seattle Journal for Social Justice

No abstract provided.

“We Are Still Citizens, Despite Our Regrettable Past” Why A Conviction Should Not Impact Your Right To Vote, Jaime Hawk, Breanne Schuster

Seattle Journal for Social Justice

No abstract provided.

Remembrance, One Person, One Vote: The Enduring Legacy Of Joaquin Avila, Robert Chang

Seattle Journal for Social Justice

No abstract provided.

Understanding The Politics Of Resentment: Of The Principles, Institutions, Counter-Strategies, Normative Change, And The Habits Of Heart, Tomasz Tadeusz Koncewicz

Indiana Journal of Global Legal Studies

The paper asks, when is a constitutional design of any (domestic, international, supranational) polity in error? On the most general level, such a critical juncture occurs when a polity's founding document (treaty, convention, constitution) protects against dangers that no longer exist or does not protect against the dangers that were not contemplated by the founders. Constitutions not only rule but should also protect against deconstitution. When analyzed together, the cases of Hungary, Poland, South America, and more recently, the United States, suggest a worrying new pattern of the erosion of constitutional democracies. One may even speak of a recipe for …

"Believe Me," We Do Not Have A Foreign Emoluments Clause Violation, Scotty N. Teal

Indiana Journal of Global Legal Studies

President Trump was sued in New York District Court for allegedly violating the Foreign Emoluments Clause. In its brief, the Citizens for Responsibility and Ethics in Washington (CREW) alleged that the president's international businesses and real estate holdings positioned him to receive money from foreign governments. These business interests, or entanglements, could "sway" or create an opportunity for negative foreign influence in violation of the Emoluments Clause. CREW states that these "entanglements between American officials and foreign powers could pose a creeping, insidious threat to the Republic." CREW argued that President Trump violated the Emoluments Clause because the clause "cover[s] …

State Constitutional General Welfare Doctrine, Gerald S. Dickinson

Cardozo Law Review

It is black-letter law that the U.S. Supreme Court's takings doctrine presupposes exercises of eminent domain are in pursuit of valid public uses that require just compensation. But, neither federal doctrine nor the text of the Takings Clause offers any additional constraints. The story of the Supreme Court's takings jurisprudence is, in other words, incomplete and deserves reexamination. However, the usual protagonists, such as the Supreme Court or federal courts, are not central 'to this Article's reexamination. Instead, this Article's narrative is federalism, its characters are state courts, and its script is state constitutions.

In the post-Kelo v. New London …

Child Marriage In America: An Interim Solution Pending A Total Ban, Raquel Wildes Genet

Cardozo Law Review

This Note explores child marriage in the United States. Part I considers the scope of child marriage and provides legal and historical background on marital age restrictions (also known as nonage statutes). Part II considers arguments for and against a total ban of child marriage that would create a blanket eighteen-plus-to-marry age requirement in states. Part III concludes that a total ban is not yet a perfect fit for all states. Instead, it argues that no marriage should be permitted when a party is under seventeen, with increasing flexibility and deference to the parties as the child ages so long …