Constitutional Law Commons^™

The Indirect Taxes, Conor Clarke, Ari Glogower

Scholarship@WashULaw

Article I of the Constitution empowers Congress to “lay and collect Taxes, Duties, Imposts and Excises.” It is arguably Congress’s most important power. A government’s first task is to fund itself, and the absence of an enforceable funding mechanism under the Articles of Confederation was a primary reason for the Constitution in the first place. Yet scholarly and judicial attention has focused mostly on the term “taxes” (and specifically what constitutes a “direct tax” that must be apportioned) while largely overlooking the three terms that follow—the duties, imposts, and excises that are collectively known as the “indirect taxes.” 

While poorly …

Les Réformes Récentes En Matière D’Expropriation, Antoine Moarbès

Proche-Orient, Études juridiques

No abstract provided.

L'Exercice De La Fonction Législative Au Liban : Approche Juridico‑Politique, Daoud Sayegh

Proche-Orient, Études juridiques

No abstract provided.

المحكمة العليا الأميركية في النقاش القانوني المعاصر: مراجعة المحكمة القضائية بين نظرية جن هارت إيلي ونظرية روبرت بورك, شبلي الملاّط

Proche-Orient, Études juridiques

No abstract provided.

La Constitution Américaine Et La Cour Suprême Des États-Unis : Un Envers Juridique De Robert Bork : John Hart Ely, Chibli Mallat

Proche-Orient, Études juridiques

No abstract provided.

Les Éléments Structurels Du Blocage : Rupture Du Consensus Et Institutionnalisation De La Dyarchie, Fadia Habib

Proche-Orient, Études juridiques

No abstract provided.

International Law Can't Get No Respect, Cindy G. Buys

ConLawNOW

This Essay addresses the recent trend in the U.S. Supreme Court of refusing to seriously engage with the United States’ commitments under international law. It argues this refusal to acknowledge the role of international law in U.S. law disregards the U.S. Constitution’s inclusion of treaties as part of the Supreme Law of the Land and the Court’s own long-standing position that “international law is part of our law.” This Essay uses two cases from the Court’s 2025 term, Mullin v. Al Otro Lado and Cisco Systems, Inc. v. Doe to illustrate the Court’s disregard of international law and highlights some …

When The Modern Public Square Goes Private: The Supreme Court's Struggle Over Social Media As The New First Amendment Frontier, Jason M. Shepard, Kathleen Bartzen Culver

Loyola Interdisciplinary Journal of Public Interest Law

In the wake of the Supreme Court’s 2024 decisions in Moody v. NetChoice and NetChoice v. Paxton, the meaning of free expression in the digital age is being rewritten. Our research analyzes how the Court, advocates, and amici invoked decades of First Amendment and media law precedent to define whether social media platforms act as speakers with editorial rights or as common carriers open to regulation. Relevant doctrines include First Amendment implications of medium-specific regulations, common carrier definitions, speaker autonomy, editorial discretion, expressive conduct, intermediate and strict scrutiny analysis, content-based regulations, viewpoint neutrality, and public forum analysis. Drawing on an …

Chin Music: Chilling Legal Advocacy Through Executive Orders Attacking Law Firms, Robert S. Chang

Loyola Interdisciplinary Journal of Public Interest Law

Introduction to amicus brief challenging executive orders targeting law firms.

The amicus brief itself is reproduced as filed with the Supreme Court of the United States.

Her Discerning Eye, Abigail Stepnitz

ConLawNOW

Court watchers read each Supreme Court term like tea leaves, seeking in the record a deeper meaning about who we are and where we are going. To read the recent term, this Essay takes up Oliver Wendell Holmes’s image of law as a tapestry woven for its initiates and Robert Cover’s account of courts as jurispathic, killing competing legal meanings to preserve a coherent archive. It sees the 2025–26 term not as a set of doctrinal developments or even political compromises, but as a weave of foreclosed claims, in which what the discerning eye can read is those foreclosures, those …

L'Expropriation Pour Cause D'Utilité Publique, Antoine Moarbès

Proche-Orient, Études juridiques

No abstract provided.

Le Discours Politique De L'Élite Musulmane Traditionnelle Au Liban : 1943-1975, Hala Soubra

Proche-Orient, Études juridiques

No abstract provided.

Le Problème De La Valeur Juridique Des Principes Généraux Du Droit, Adnan Dannaoui

Proche-Orient, Études juridiques

No abstract provided.

وثيقة الوفاق الوطني وتعديل الدستور, إدمون رباط

Proche-Orient, Études juridiques

No abstract provided.

Législateurs Déguisés En Juges Ou Fidèles Serviteurs De La Loi?, Michel Halbecq S.J.

Proche-Orient, Études juridiques

No abstract provided.

How Legal Systems Reflect Societal Views Of Nature, Devorah Corvo

Latin American & Caribbean Law Review

Pre-Columbine Indigenous communities differed from European settlers in many ways. One of the most striking differences was the way each group viewed itself in relation to nature and wildlife. Indigenous communities generally did not see themselves as separate from the natural world, while European settlers often viewed themselves as distinct from it. In the United States today, many people care about the environment but are unsure how to protect it. By contrast, pre-Columbian Indigenous communities were so deeply connected to their surroundings that harm to wildlife would have been seen as harm to the community itself. By examining three pre-Columbian …

Pandemic Power Plays: Environmental Deregulation & Erosion Of Indigenous Rights In Latin America During Covid-19, Sabrina Prado

Latin American & Caribbean Law Review

The COVID-19 pandemic reshaped global politics. Many governments used their emergency powers under the pretense of maintaining public health and sustaining the economy. However, in Latin America, these powers were exploited and the pandemic became a guise for expanding executive powers and propounding corporate friendly rollbacks which weakens environmental protections and minority rights. This paper will examine how emergency laws were used to sidestep the democratic process and facilitate policies that benefited corporate interests at the expense of environmental regulation and indigenous rights specifically. Brazil, Colombia, and Bolivia were three countries whose leaders centralized power and accelerated environmentally destructive policies …

The Silent Bench: How The Chilean Judiciary Failed To Check Pinochet's Executive Power And The Continued Struggle For Judicial Independence, Daniela González García

Latin American & Caribbean Law Review

Although authoritarian regimes are often associated with lawlessness, many consolidate power through carefully crafted legal framework that create the illusion of illegality. Chile under Augusto Pinochet offers a critical case study of this phenomenon. In Chile, Pinochet ushered in his “authoritarian legality” after spearheading a military coup in 1973 that toppled a democratically elected left-wing government. Through Chile’s 1980 Constitution, drafted by hand-picked loyalists and approved in a tightly controlled setting, Pinochet’s regime embedded executive supremacy, restricted judicial review, and transformed Chile’s courts into a silent bench. Applying David S. Clark’s theory that judicial review must be evaluated within a …

Constitutions, The State And Law In Republican Venezuela (1830-2025), Rogelio Pérez-Perdomo

Latin American & Caribbean Law Review

This panoramic article poses the question of the relation between the state, the constitution and the law in Venezuelan republican history. In the 19th century, Venezuela became independent, congresses approved constitutions that organized the national state, comprehensive legal codes and legislation were produced and the universities developed legal studies and produced a small number of lawyers. Nevertheless, the law had little impact on a turbulent and impoverished country, and lawyers mainly found occupation in the state and political system. In the 20th century, Venezuela constructed a powerful state that pacified the country that created conditions for a relatively prosperous economy. …

Fiscal Sustainability And The Courts In Colombia, Eleonora Lozano-Rodríguez

Latin American & Caribbean Law Review

This text offers a theoretical and conceptual approach to fiscal sustainability and to the mechanism of fiscal impact review. It also examines specific judicial cases where fiscal sustainability and/or fiscal impact review have been applied in areas such as social security, victims of the Colombian internal armed conflict, community mothers, and taxation. The article concludes that the difficult dialogue between law and economics has improved, though legal nuances still need clarification, and economic advantages or disadvantages remain to be measured. At times, the guarantee of rights prevailed (for example, compensation for Black, Afro-Colombian, Raizal, and Palenquero communities, as well as …