University of Miami School of Law
Iowa State University
San Jose State University
University of Pennsylvania Carey Law School
Boise State University
The University of Maine
Georgetown University Law Center
Washington and Lee University School of Law
University of California, Berkeley School of Law
Racial Transitional Justice In The United States,
2023
Allard School of Law at the University of British Columbia
Racial Transitional Justice In The United States, Yuvraj Joshi
All Faculty Publications
For years, the United States government has endorsed transitional justice approaches abroad while ignoring the need for transitional justice at home. Recently, racial justice uprisings have shifted U.S.-based discussions of transitional justice, from gazing outward toward the international community to attending to the legacies of slavery, segregation, and white supremacy at home. This chapter demonstrates that the centuries-long oppression of Black Americans is precisely the kind of massive human rights violation that necessitates a systematic transitional justice response. Using historical, legal, and comparative analyses, it reveals that the United States has employed its own versions of transitional justice ...
Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War,
2022
The Graduate Center, City University of New York
Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain
Dissertations, Theses, and Capstone Projects
How far can a democracy go to protect itself without jeopardizing the liberties upon which democracy depends? This dissertation examines why wartime restrictions on civil liberties outlive their original justifications. Through a comparative historical analysis of five major American wars, it illustrates the decisive role of the U.S. Congress in preserving these restrictions during peacetime. This argument challenges the prevailing consensus in the literature, which identifies wartime executive power as the main threat to postwar freedoms. It also reveals broader narratives of American constitutional development, including the rise and fall of intrusive congressional investigations, the decline of sedition legislation ...
Life’S Complexities: Rethinking Barnette, The Flag, Totalitarianism, And The First Amendment,
2022
University of Massachusetts School of Law
Life’S Complexities: Rethinking Barnette, The Flag, Totalitarianism, And The First Amendment, Daniel Gordon
University of Massachusetts Law Review
This article rethinks the meaning of the 1943 Barnette case and questions the canonical status of Justice Robert Jackson’s famous opinion for the majority. On the assumption that we have lost sight of the logic that had been used to uphold compulsory flag salute laws, the article traces the many state court opinions on this topic prior to World War II. Also brought under scrutiny is Jackson’s usage of the term “totalitarian” to describe flag salute laws, a quasi-theological term promoted first and foremost by the Jehovah’s Witnesses. Jackson’s opinion in Barnette, while rhetorically compelling, was ...
In Defense Of Self And Home: The Problems With Limiting Second Amendment Rights For Young Adults Based On Their Age,
2022
University of Cincinnati College of Law
In Defense Of Self And Home: The Problems With Limiting Second Amendment Rights For Young Adults Based On Their Age, Andrew White
University of Cincinnati Law Review
No abstract provided.
A Tipping Point In Ohio: The Primacy Model As A Path To A Consistent Application Of Judicial Federalism,
2022
University of Cincinnati College of Law
A Tipping Point In Ohio: The Primacy Model As A Path To A Consistent Application Of Judicial Federalism, The Honorable Pierre Bergeron
University of Cincinnati Law Review
No abstract provided.
Standing For Democracy: Is Democracy A Procedural Right In Vacuo? A Democratic Perspective On Procedural Violations As A Basis For Article Iii Standing,
2022
New York University School of Law
Standing For Democracy: Is Democracy A Procedural Right In Vacuo? A Democratic Perspective On Procedural Violations As A Basis For Article Iii Standing, Helen Hershkoff, Stephen Loffredo
Buffalo Law Review
Many commentators express concern that democracy in the United States is under threat, whether from the pressure of concentrated wealth and structural racism, government secrecy and authoritarian tendencies, an outdated constitutional structure and old-fashioned corruption, or perhaps a combination of them all. Against this background, this Article argues that the Supreme Court’s treatment of procedural rights for determining standing—the key that opens the door to federal court—is an overlooked factor in contributing to democratic erosion. According to the Court, violation of a congressionally conferred procedural right that does not safeguard some separate, non-procedural, concrete interest of plaintiff ...
The Burden Of Time: Government Negligence In Pandemic Planning As A Catalyst For Reinvigorating The Sixth Amendment Speedy Trial Right,
2022
Villanova University Charles Widger School of Law
The Burden Of Time: Government Negligence In Pandemic Planning As A Catalyst For Reinvigorating The Sixth Amendment Speedy Trial Right, Sara Hildebrand, Ashley Cordero
Villanova Law Review
No abstract provided.
A Rapid And Accurate Pcr Test For Constitutionality Of Covid-19 Vaccine Mandates: The Appropriate Standard Of Review Adopted By Klaassen V. Trustees Of Indiana University,
2022
Villanova University Charles Widger School of Law
A Rapid And Accurate Pcr Test For Constitutionality Of Covid-19 Vaccine Mandates: The Appropriate Standard Of Review Adopted By Klaassen V. Trustees Of Indiana University, Natalie Anderson
Villanova Law Review
No abstract provided.
Granting A Hall Pass To Public School Educators: How The Fifth Circuit's Decision In T.O.V. Fort Bend Independent School District Highlights The Inadequate Constitutional Curriculum For Academic Corporal Punishment,
2022
Villanova University Charles Widger School of Law
Granting A Hall Pass To Public School Educators: How The Fifth Circuit's Decision In T.O.V. Fort Bend Independent School District Highlights The Inadequate Constitutional Curriculum For Academic Corporal Punishment, Jessica Whelan
Villanova Law Review
No abstract provided.
Tax Incentives In Three Common Markets,
2022
Kuwait University School of Law
Tax Incentives In Three Common Markets, Sarah Khaled Alsultan
Georgia Journal of International & Comparative Law
There are three approaches to dealing with tax incentives within common markets: permit them, limit them, or harmonize them. Broadly speaking, the United States (U.S.) follows the first approach, the European Union (EU) adopts the second, and the Gulf Cooperation Council (GCC) pursues the third by harmonizing some tax incentives, particularly those offered to the industrial sector. Unlike the U.S. and EU common markets, where incentives have gained significant scholarly attention, no academic literature exists on the legal framework of tax incentives in GCC common market. This work attempts to compensate for this insufficiency in scholarship and compares ...
Constitutionalism In The Land Of The Peaceful Thunder Dragon: The Kingdom Of Bhutan's Marbury Moment,
2022
Loyola University New Orleans College of Law
Constitutionalism In The Land Of The Peaceful Thunder Dragon: The Kingdom Of Bhutan's Marbury Moment, Markus G. Puder, Ngawang Choden
Georgia Journal of International & Comparative Law
No abstract provided.
Symposium: Sexual Orientation, Gender Identity & The Constitution: American Constitutions And Artificial Insemination Births,
2022
The University of Akron
Symposium: Sexual Orientation, Gender Identity & The Constitution: American Constitutions And Artificial Insemination Births, Jeffrey A. Parness
ConLawNOW
Childcare parentage issues arising from assisted reproduction births are subject to constitutional guidance, including due process, equal protection, and privacy dictates. Constitutional rights, however, sometimes go unrecognized in assisted reproduction laws, particularly for same sex couples, wed and unwed, as well as for single women. Upon a brief review of contemporary American state assisted reproduction laws, current and future constitutional precedents are explored. This analysis shows that constitutional, as well as public policy, reforms are particularly needed for same-sex female couples and single women employing assisted reproduction as intended parents.
"The Special Favorite Of The Laws"? Black Lives Matter Moments In American Constitutional And Legal History,
2022
University of St. Thomas, Minnesota
"The Special Favorite Of The Laws"? Black Lives Matter Moments In American Constitutional And Legal History, Dr. Yohuru Williams
University of St. Thomas Law Journal
No abstract provided.
The Corruption Of The Pardon Power,
2022
University of St. Thomas, Minnesota
The Corruption Of The Pardon Power, Albert W. Alschuler
University of St. Thomas Law Journal
No abstract provided.
The Role Of Emotion In Constitutional Theory,
2022
Assistant Professor of Law, The Catholic University of America, Columbus School of Law
The Role Of Emotion In Constitutional Theory, J. Joel Alicea
Notre Dame Law Review
Although the role of emotion in law has become a major field of scholarship, there has been very little attention paid to the role of emotion in constitutional theory. This Article seeks to fill that gap by providing an integrated account of the role of emotion within the individual, how emotion affects constitutional culture, and how constitutional culture, properly understood, should affect our evaluation of major constitutional theories.
The Article begins by reconstructing one of the most important and influential accounts of emotion in the philosophical literature: that of Thomas Aquinas. Because Aquinas’s description of the nature of emotion ...
Immigration Detention And Illusory Alternatives To Habeas,
2022
Texas A&M University School of Law
Immigration Detention And Illusory Alternatives To Habeas, Fatma Marouf
Faculty Scholarship
The Supreme Court has never directly addressed whether, or under what circumstances, a writ of habeas corpus may be used to challenge the conditions of detention, as opposed to the fact or duration of detention. Consequently, a circuit split exists on habeas jurisdiction over conditions claims. The COVID-19 pandemic brought this issue into the spotlight as detained individuals fearing infection, serious illness, and death requested release through habeas petitions around the country. One of the factors that courts considered in deciding whether to exercise habeas jurisdiction was whether alternative remedies exist, through a civil rights or tort-based action. This Article ...
Roe V. Wade Under Attack: Choosing Procedural Doctrines Over Fundamental Constitutional Rights,
2022
The University of Akron
Roe V. Wade Under Attack: Choosing Procedural Doctrines Over Fundamental Constitutional Rights, Simona Grossi
ConLawNOW
This Article details the Texas litigation on abortion rights in and out of the U.S. Supreme Court in 2021 and its implications for the future of constitutional rights. The litigation focused primarily on procedural issues like standing and sovereign immunity that prevented the plaintiffs’ claims of violation of fundamental constitutional rights to proceed to their merits. Such procedural doctrines have become a powerful tool in the hands of the Supreme Court used to control social and economic development. Thus procedure, originally conceived as the handmaid of justice, has become one of its main antagonists. This Article argues against such ...
Administrative Apparition: Resurrecting The Modern Administrative State’S Legitimacy Crisis With Agency Law Analysis,
2022
Catholic University of America (Student)
Administrative Apparition: Resurrecting The Modern Administrative State’S Legitimacy Crisis With Agency Law Analysis, Tabitha Kempf
Catholic University Law Review
There is an enduring discord among academic and political pundits over the state of modern American government, with much focus on the ever-expanding host of federal agencies and their increasing regulatory, investigative, enforcement, and adjudicatory authority. The growing conglomerate of federal agencies, often unfavorably regarded as the “administrative state,” has invited decades of debate over the validity and proper scope of this current mode of government. Advocates for and against the administrative state are numerous, with most making traditional constitutional arguments to justify or delegitimize the current establishment. Others make philosophical, moral, or practical arguments in support or opposition. Though ...
Heirs Of An Administration: Unlawful Executive Actions,
2022
Catholic University of America (Student)
Heirs Of An Administration: Unlawful Executive Actions, Jerome Perez
Catholic University Law Review
The Supreme Court of the United States in DHS v. Regents on June 18, 2020, decided to stall the Trump administration from rescinding the Deferred Action for Childhood Arrivals (DACA) policy that the Obama administration created contrary to the Administrative Procedures Act (APA)––even though in 2016 the Supreme Court affirmed a preliminary injunction on the Deferred Action for Parents of Americans (DAPA) policy, which mirrors DACA. This blunder offhandedly sacrifices the Supreme Court’s reputation as nonpartisan by enlisting itself as the future arbiter of administrative issues with self-evident resolutions and deciding contrary to those resolutions to endorse a ...
Young Guns: The Constitutionality Of Raising The Minimum Purchase Age For Firearms To Twenty-One,
2022
Boston College Law School
Young Guns: The Constitutionality Of Raising The Minimum Purchase Age For Firearms To Twenty-One, Zachary S. Halpern
Boston College Law Review
In 2008, in District of Columbia v. Heller, the United States Supreme Court held that the Second Amendment protects the right of “law-abiding, responsible citizens” to keep and bear arms to defend their home. The Court’s decision in Heller, however, left novel questions about the scope of the right unanswered, including at what age it vests. Federal law prohibits federally-licensed dealers from selling handguns to persons under twenty-one, but it permits persons over eighteen to possess and use handguns and acquire them through private sales. In 2018, in response to the mass shooting at Marjory Stoneman Douglas High School ...
