The 2024 Cardozo Colloquium On Global And Constitutional Theory,
2024
Yeshiva University, Cardozo School of Law
The 2024 Cardozo Colloquium On Global And Constitutional Theory, Benjamin N. Cardozo School Of Law
Event Invitations 2024
The US Supreme Court is currently experiencing a significant decrease in public approval, as are several courts in many other parts of the world, such as the Israel Supreme Court and top courts in various Eastern European countries. At the same time, in certain other parts of the world, such as Western Europe, constitutional courts persist as well integrated and are widely perceived as trustworthy guarantors of workable checks and balances. The Colloquium will explore what accounts for these differences and whether the various crises concerning judicial review arise from similar or different types of circumstances. To what extent are …
The 2024 Cardozo Colloquium On Global And Constitutional Theory Presents: Linda Greenhouse On The Roberts Court,
2024
Benjamin N. Cardozo School of Law
The 2024 Cardozo Colloquium On Global And Constitutional Theory Presents: Linda Greenhouse On The Roberts Court, Benjamin N. Cardozo School Of Law, Michel Rosenfeld
Event Invitations 2024
Join Linda Greenhouse, Senior Research Scholar in Law at Yale Law School, to discuss the exceptional trajectory of the Roberts Court. Greenhouse is also a Pulitzer Prize-winning reporter who has covered the United States Supreme Court for nearly three decades for The New York Times.
First Amendment And Consumer Advertisement,
2024
University of Pennsylvania Carey Law School
First Amendment And Consumer Advertisement, S. Kelvin Fang
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Brilliance In Slaughterhouse: A Judicially Restrained And Original Understanding Of "Privileges Or Immunities",
2024
Harvard Law School
The Brilliance In Slaughterhouse: A Judicially Restrained And Original Understanding Of "Privileges Or Immunities", Lawrence Lessig
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Immigration In The Shadow Of Death,
2024
University of Arizona James E. Rogers College of the Law
Immigration In The Shadow Of Death, Eunice Lee
University of Pennsylvania Journal of Constitutional Law
In this piece, I examine the immigration enforcement and adjudication system as a whole from the perspective of life and death. Drawing upon social theory frames as well as legal scholarship, I look to how doctrines and laws continually devalue and risk noncitizens’ lives. Although scholarly work has examined how differing aspects of immigration law and enforcement take lives—e.g., via detention, cross-border shootings, and deportation— explorations have yet to consider the system as a whole from this perspective.
My contribution illuminates how laws as well as legal doctrines serve as mechanisms for assigning differential value to human life, ultimately taking …
"The Key-Stone To The Arch": Unlocking Section 13'S Original Meaning,
2024
University of Pennsylvania Carey Law School
"The Key-Stone To The Arch": Unlocking Section 13'S Original Meaning, Kevin Bendesky
University of Pennsylvania Journal of Constitutional Law
The Supreme Court of Pennsylvania holds that Section 13 of the State’s constitution, which prohibits all “cruel punishments,” is coextensive with the Eighth Amendment, which prohibits only punishments that are both “cruel and unusual.” Rather than analyze the state provision independently, the court defers to the U.S. Supreme Court’s interpretation of the Eighth Amendment. This, says the court, is because Pennsylvania history does not provide evidence that the Commonwealth’s prohibition differs from the federal one. And without that historical basis, the court believes it is bound by federal precedent. This is mistaken.
History reveals that Pennsylvanians had a distinct, original …
The Federal War On Guns: A Story In Four-And-A-Half Acts,
2024
Texas Tech University
The Federal War On Guns: A Story In Four-And-A-Half Acts, Brandon E. Beck
University of Pennsylvania Journal of Constitutional Law
“History is a jangle of accidents, blunders, surprises and absurdities, and so is our knowledge of it, but if we are to report it at all we must impose some order upon it.”
Beginning in the early 1990s, the Executive Branch took a novel approach to the enforcement of federal firearms offenses. It replaced traditional notions of restraint with a newfound willingness to exercise its power broadly, leading to a sharp increase in the number of federal firearms offenders that continues today. A recent development, however, threatens to dismantle the core of the federal firearms scheme. Decided in 2022, the …
Symposium: Gender, Health, And The Constitution: The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional,
2024
The University of Akron
Symposium: Gender, Health, And The Constitution: The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah L. Brake
ConLawNOW
This essay considers the role of sport in the new gender panic of legislative activity targeting transgender individuals, which now extends into health and family governance. Sport was one of the first settings—the gateway—to ignite the current culture war on transgender youth. This analysis examines how Title IX of the Education Act of 1972, the popular law responsible for the growth of opportunities for girls and women in sports, has been mobilized in service of a broader gender agenda. Far from providing a persuasive justification for the state laws banning transgender girls from girls’ sports, Title IX, properly understood, supports …
Examining The Examiner: An Amicus Brief On Conflicts Between Forensic Technology And Indigenous Religious Freedoms In Favor Of Virtual Autopsies,
2024
Purdue University
Examining The Examiner: An Amicus Brief On Conflicts Between Forensic Technology And Indigenous Religious Freedoms In Favor Of Virtual Autopsies, Peyton James
The Journal of Purdue Undergraduate Research
No abstract provided.
Effectiveness Of Raising A Topic For Public Discussion As A Tool Of Parliamentary Oversight Of Government Actions: A Comparative And Applied Study,
2024
Assistant Professor of Public Law, Faculty of Law, Yarmouk University
Effectiveness Of Raising A Topic For Public Discussion As A Tool Of Parliamentary Oversight Of Government Actions: A Comparative And Applied Study, Jehad Dhifallah Al-Jazi Dr., Bahaaeddin Dhifallah Khwaira Dr.
UAEU Law Journal
analytical approach to address the nature of the problems accompanying the means of raising a topic for public discussion as a method of parliamentary control over government actions. This is done by searching for the concept of a request for public debate, the constitutionality of this method, and other topics related to this method; so that we can arrive at a legal and practical evaluation of the effectiveness and accuracy of this method in terms of its inputs and results in achieving the public interest in comparison and approach with other parliamentary means.
Within this context, the objectives of the …
The Red Pill: Critical Race Theory, Ostrich Law, And The 14th Amendment Right To Free And Equal Thought And Dignity,
2024
Texas Southern University
The Red Pill: Critical Race Theory, Ostrich Law, And The 14th Amendment Right To Free And Equal Thought And Dignity, Kindaka J. Sanders
St. Mary's Law Journal
No abstract provided.
Translating A Cbdc Dollar Into A Constitutional Dollar,
2024
Department of Finance and Economics,Texas State University
Translating A Cbdc Dollar Into A Constitutional Dollar, Christopher P. Guzelian
St. Mary's Law Journal
The constitutional Dollar was a silver coin. Federal and state paper moneys were
unconstitutional, and gold and copper coins were not Dollars. Consequently, notable
constitutional originalists claim any Dollar not constructed from silver—including the
current widely circulating paper Federal Reserve note—is unconstitutional. But the Dollar
soon may undergo an unprecedented technological metamorphosis: in 2022, the White
House and the Federal Reserve Bank Board of Governors advocated the possible adoption
of a U.S. Central Bank Digital Currency (“CBDC” Dollars). Private commercial
electronic bank credits have been issued for some time, but a CBDC Dollar would be
America’s first electronic government currency. …
Sentence Served And No Place To Go: An Eighth Amendment Analysis Of "Dead Time" Incarceration,
2024
Northwestern Pritzker School of Law
Sentence Served And No Place To Go: An Eighth Amendment Analysis Of "Dead Time" Incarceration, Christopher B. Scheren
Northwestern University Law Review
Although the state typically releases incarcerated people to reintegrate into society after completing their terms, indigent people convicted of sex offenses in Illinois and New York have been forced to remain behind bars for months, or even years, past their scheduled release dates. A wide range of residency restrictions limit the ability of people convicted of sex offenses to live near schools and other public areas. Few addresses are available for them, especially in high-density cities such as Chicago or New York City, where schools and other public locations are especially difficult to avoid. At the intersection of sex offenses …
The Second Founding And Self-Incrimination,
2024
Northwestern Pritzker School of Law
The Second Founding And Self-Incrimination, William M. Carter Jr.
Northwestern University Law Review
The privilege against self-incrimination is one of the most fundamental constitutional rights. Protection against coerced or involuntary self-incrimination safeguards individual dignity and autonomy, preserves the nature of our adversary system of justice, helps to deter abusive police practices, and enhances the likelihood that confessions will be truthful and reliable. Rooted in the common law, the privilege against self-incrimination is guaranteed by the Fifth Amendment’s Self-Incrimination and Due Process Clauses. Although the Supreme Court’s self-incrimination cases have examined the privilege’s historical roots in British and early American common law, the Court’s jurisprudence has overlooked an important source of historical evidence: the …
Constitutional Clash: Labor, Capital, And Democracy,
2024
Northwestern Pritzker School of Law
Constitutional Clash: Labor, Capital, And Democracy, Kate Andrias
Northwestern University Law Review
In the last few years, workers have engaged in organizing and strike activity at levels not seen in decades; state and local legislators have enacted innovative workplace and social welfare legislation; and the National Labor Relations Board has advanced ambitious new interpretations of its governing statute. Viewed collectively, these efforts—“labor’s” efforts for short—seek not only to redefine the contours of labor law. They also present an incipient challenge to our constitutional order. If realized, labor’s vision would extend democratic values, including freedom of speech and association, into the putatively private domain of the workplace. It would also support the Constitution’s …
Judicial Fidelity,
2024
Pepperdine University
Judicial Fidelity, Caprice L. Roberts
Pepperdine Law Review
Judicial critics abound. Some say the rule of law is dead across all three branches of government. Four are dead if you count the media as the fourth estate. All are in trouble, even if one approves of each branch’s headlines, but none of them are dead. Not yet. Pundits and scholars see the latest term of the Supreme Court as clear evidence of partisan politics and unbridled power. They decry an upheaval of laws and norms demonstrating the dire situation across the federal judiciary. Democracy is not dead even when the Court issues opinions that overturn precedent, upends long-standing …
When Fines Don't Go Far Enough: The Failure Of Prison Settlements And Proposals For More Effective Enforcement Methods,
2024
University of Maine School of Law
When Fines Don't Go Far Enough: The Failure Of Prison Settlements And Proposals For More Effective Enforcement Methods, Tori Collins
Maine Law Review
The Eighth Amendment’s Punishments Clause provides the basis on which prisoners may bring suit alleging unconstitutional conditions of confinement. Only a small number of these suits are successful. The suits that do survive typically end in a settlement in which prison authorities agree to address the unconstitutional conditions. However, settlements such as these are easily flouted for two primary reasons: prison authorities are not personally held liable when settlements are broken, and prisoners largely lack the political and practical leverage to self-advocate beyond the courtroom. Because of this, unconstitutional prison conditions may linger for years after prison authorities have agreed …
Prepared Testimony To The Committee On Homeland Security United States House Of Representatives,
2024
Benjamin N. Cardozo School of Law
Prepared Testimony To The Committee On Homeland Security United States House Of Representatives, Deborah Pearlstein
Testimony
Sham Impeachment “Hearing” #2
Issue: Border Security & Immigration
Brief For Professors And Legal Scholars As Amici Curiae In Support Of Neither Party,
2024
Benjamin N. Cardozo School of Law
Brief For Professors And Legal Scholars As Amici Curiae In Support Of Neither Party, Deborah Pearlstein
Amicus Briefs
The amici curiae consist of professors and legal scholars with a collective experience of over one hundred years in teaching and writing about constitutional law. Their primary interest lies in ensuring that the Court resolves the case in a manner consistent with federalism and separation of powers principles.
Epigenetics And Reparations: How Epigenetics Can Help Federal Plaintiffs Meet The Constitutional Article Iii Standing Requirements In Reparation Lawsuits,
2024
Seattle University School of Law
Epigenetics And Reparations: How Epigenetics Can Help Federal Plaintiffs Meet The Constitutional Article Iii Standing Requirements In Reparation Lawsuits, William Chin
Seattle Journal for Social Justice
No abstract provided.
