Duke Law School
Georgetown University Law Center
Yale Law School
Washington and Lee University School of Law
Iowa State University
The University of Maine
Elisabeth Haub School of Law at Pace University
College of William & Mary Law School
Case Western Reserve University School of Law
Brigham Young University Law School
Racial Indirection,
2019
Yale Law School
Racial Indirection, Yuvraj Joshi
Yuvraj Joshi
"Black Lives Matter" As A Claim Of Fundamental Law,
2019
University of Massachusetts School of Law
"Black Lives Matter" As A Claim Of Fundamental Law, David B. Mcnamee
University of Massachusetts Law Review
In this Article, I argue that we should understand #BlackLivesMatter as a claim on the Constitution—a very special kind of constitutional claim, on the Constitution as fundamental law. It is a paradigmatic contemporary example of this category of constitutional law for citizens, one that reaches back past the roots of the American Revolution and underlies the logic of popular sovereignty at the core of our system. Section I develops a conceptual sketch of fundamental law and its features. Section II then turns to the content of “Black Lives Matter” as a constitutional principle and traces its position in the ...
Teaching To The Test: Determining The Appropriate Test For First Amendment Challenges To "No Promo Homo" Education Policies,
2019
University of Tennessee, Knoxville
Teaching To The Test: Determining The Appropriate Test For First Amendment Challenges To "No Promo Homo" Education Policies, Kameron Dawson
Tennessee Journal of Law and Policy
Under the current tests set out in Pickering and its progeny, teachers—particularly LGBT and LGBT allies— are being censored in the classroom with “no promo homo” education policies and laws. Although citizens are granted free speech protections through the First Amendment, public employees such as public school teachers generally receive less protection. The Supreme Court has yet to determine a distinct test for public school teachers, leaving discretion to school districts. Currently, in seven states, legislators explicitly prohibit teachers from positively speaking about or correcting misconceptions on homosexuality. In this current age, these policies negatively impact the teacher’s ...
Consequences For Patent Owners If A Patent Is Unconstitutionally Invalidated By The Patent Trial And Appeal Board,
2019
Chicago-Kent College of Law
Consequences For Patent Owners If A Patent Is Unconstitutionally Invalidated By The Patent Trial And Appeal Board, Mark Magas
Chicago-Kent Law Review
There have been many constitutional challenges against the Patent Trial and Appeal Board (“PTAB”) since it was created by the America Invents Act in 2011. While the merits of these challenges have been widely debated, there has been little analysis of what would happen if one of these challenges succeeded and patents are found to have been unconstitutionally invalidated. This note examines how issues with waiver, retroactivity, and finality may prevent patent owners from getting their patent rights back, considering the type of constitutional challenge and the different stages of the PTAB process. While the odds are stacked against patent ...
Clarifying The Scope Of The Self-Incrimination Clause: City Of Hays V. Vogt,
2019
Chicago-Kent College of Law
Clarifying The Scope Of The Self-Incrimination Clause: City Of Hays V. Vogt, Samantha Ruben
Chicago-Kent Law Review
Three months after oral arguments, the Supreme Court dismissed the writ of certiorari in City of Hays v. Vogt as improvidently granted. The question in Vogt was whether the Fifth Amendment right against self-incrimination is violated when incriminating statements are used at a probable cause hearing, as opposed to a criminal trial. As a result of the “DIG,” the Court left a circuit split unresolved surrounding the meaning of a “criminal case” within the Fifth Amendment’s Self-Incrimination Clause.
This note argues that the Supreme Court should not have dismissed Vogt and should have decided that the Fifth Amendment right ...
"Good Reason" Laws Under The Gun: May-Issue States And The Right To Bear Arms,
2019
Chicago-Kent College of Law
"Good Reason" Laws Under The Gun: May-Issue States And The Right To Bear Arms, Jack M. Amaro
Chicago-Kent Law Review
This note proposes a framework for analyzing the point at which discretionary restrictions on the concealed carry of firearms are unconstitutional under the Second Amendment, which, at its core, guarantees the responsible, law-abiding citizen at least the right to use a firearm for self-defense. Although the Supreme Court has yet to affirmatively answer whether and to what extent this right extends beyond the home, every state allows its residents to publicly carry a firearm in some form—be it open or concealed. But states have the power to limit who may exercise this right; and some states curtail it to ...
President Trump's Big Beautiful Wall: Discrimination, Eminent Domain, And The Public Use Requirement,
2019
Chicago-Kent College of Law
President Trump's Big Beautiful Wall: Discrimination, Eminent Domain, And The Public Use Requirement, Meghan K. Tierney
Chicago-Kent Law Review
At a press conference held in Trump Tower New York City on June 16, 2015, Donald Trump announced his candidacy for President of the United States by promising to expand the border wall along the Southern United States. President Trump has insisted that his only reasons behind completely separating the United States from Mexico are to curtail illegal immigration and curb drug cartel activity, but many argue that his statements indicate a much more sinister motive based in racial discrimination. The public use requirement of the Fifth Amendment Takings Clause allows the federal government to take private land for the ...
Going "Clear",
2019
University of Pennsylvania Law School
Going "Clear", Ryan D. Doerfler
Faculty Scholarship at Penn Law
This Article proposes a new framework for evaluating doctrines that assign significance to whether a statutory text is “clear.” As previous scholarship has failed to recognize, such doctrines come in two distinct types. The first, which this Article call evidence-management doctrines, instruct a court to “start with the text,” and to proceed to other sources of statutory meaning only if absolutely necessary. Because they structure a court’s search for what a statute means, the question with each of these doctrines is whether adhering to it aids or impairs that search — the character of the evaluation is, in other words ...
Likes And Retweets Can't Save Your Job: Public Employee Privacy, Free Speech, And Social Media,
2019
University of St. Thomas, Minnesota
Likes And Retweets Can't Save Your Job: Public Employee Privacy, Free Speech, And Social Media, Frank E. Langan
University of St. Thomas Law Journal
No abstract provided.
The Three-Fifths Rule And The Presidential Elections Of 1800 And 1824,
2019
University of St. Thomas, Minnesota
The Three-Fifths Rule And The Presidential Elections Of 1800 And 1824, Michael L. Rosin
University of St. Thomas Law Journal
No abstract provided.
Free Speech On The Law School Campus: Is It The Hammer Or The Wrecking Ball That Speaks?,
2019
University of St. Thomas, Minnesota
Free Speech On The Law School Campus: Is It The Hammer Or The Wrecking Ball That Speaks?, Christopher J. Roederer
University of St. Thomas Law Journal
No abstract provided.
The Anti-Coddling Narrative And Campus Speech,
2019
University of St. Thomas School of Law
The Anti-Coddling Narrative And Campus Speech, Rob Kahn
University of St. Thomas Law Journal
No abstract provided.
Lockett Symposium: For Sandra Lockett,
2019
The University of Akron
Lockett Symposium: For Sandra Lockett, Anthony G. Amsterdam
ConLawNOW
Tony Amsterdam, lead counsel for Sandra Lockett in the U.S. Supreme Court case Lockett v. Ohio, offers his reflections on the case.
Slogans Appropriate To The Legacy Of Martin Luther King Jr.,
2019
Southern Methodist University
Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker
Perkins Faculty Research and Special Events
For printing signs, banners, posters, tee shirts, and bumper stickers (and for preaching sermons) that are appropriate to the legacy of Rev. Dr. Martin Luther King Jr., please consider the following slogans: ABOLISH WAR, ABOLISH POVERTY, AMEND THE CONSTITUTION, SUPPORT AN ECONOMIC BILL OF RIGHTS, JOBS FOR ALL, GUARANTEED INCOME FOR ALL, SUPPORT UNIVERSAL BASIC INCOME, and GOOD NEWS TO THE POOR - Luke 4:14-19.
Saving Grace: The Role Of Religious Organizations In Disaster Recovery And The Constitutionality Of Federal Funding To Rebuild Them,
2019
Southern Methodist University, Dedman School of Law
Saving Grace: The Role Of Religious Organizations In Disaster Recovery And The Constitutionality Of Federal Funding To Rebuild Them, Cheslea Till
SMU Law Review
Natural disasters are on the rise and religious organizations, the same organizations that came to victims’ rescue in the wake of the last natural disaster, are often left in the path of destruction. Under President Trump’s administration, FEMA recently amended its disaster assistance program to provide funding for religious organizations. Opponents argue this amendment is a violation of the Establishment Clause, while proponents argue the amended plan finally gives religious organizations the fair treatment they deserve. This new aid program needs to be modified and restricted. Though there is clear precedent to support providing some Public Assistance funding to ...
If Separation Of Church And State Doesn’T Demand Separating Religion From Politics, Does Christian Doctrine Require It?,
2019
Washington and Lee University School of Law
If Separation Of Church And State Doesn’T Demand Separating Religion From Politics, Does Christian Doctrine Require It?, Samuel W. Calhoun
Washington and Lee Law Review Online
This Essay responds to comments by Wayne Barnes, Ian Huyett, and David Smolin on my prior Article, Separation of Church and State: Jefferson, Lincoln, and the Reverend Martin Luther King, Jr., Show It Was Never Intended to Separate Religion From Politics. Part II, although noting a few disagreements with Huyett and Smolin, principally argues that they strengthen the case for the appropriateness of religious arguments in the public square. Part III evaluates Wayne Barnes’s contention that Christian doctrine requires separating religion from politics.
Texas V United States: The Affordable Care Act Is Constitutional And Will Remain So,
2019
Georgetown University Law Center
Texas V United States: The Affordable Care Act Is Constitutional And Will Remain So, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
On December 14, 2018, in a widely reported decision, a federal judge in Texas ruled that the entire Affordable Care Act (ACA) is unconstitutional. The judge reasoned that since the ACA’s “individual mandate” is unconstitutional, the rest of the law cannot stand without it. However, the ACA will remain in place pending appeal, and it is highly unlikely that this ruling will stand.
Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019,
2019
Roger Williams University School of Law
Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein
Law School Blogs
No abstract provided.
A Piece Of Cake Or Religious Expression: Masterpiece Cakeshop And The First Amendment,
2019
University of Nebraska College of Law
A Piece Of Cake Or Religious Expression: Masterpiece Cakeshop And The First Amendment, Richard F. Duncan
College of Law, Faculty Publications
Sadly, religious liberty has become a matter of great controversy and division in our society. Although not so many years ago there was a nearly unanimous, bi-partisan consensus supporting the legal protection of religious liberty from laws substantially burdening the free exercise of religion, irreconcilable differences among us over contraception, abortion, sexuality, and the nature of marriage have made religious liberty a divisive partisan issue. Although most religious liberty cases concern religious minorities whose religiously-motivated conduct has been disregarded “by an insensitive majority,” a handful of cases involving Christian-owned businesses and ministries claiming a religious liberty right to refuse to ...
Lockett Symposium: Lockett V. Ohio And Its Subsequent Jurisprudence: Between Law And Politics,
2019
The University of Akron
Lockett Symposium: Lockett V. Ohio And Its Subsequent Jurisprudence: Between Law And Politics, Cynthia Boyer
ConLawNOW
The death penalty raises serious questions regarding the unequal and arbitrary application of the law since the death penalty exceeds the threshold of law and relates to arguments beyond it, among which there are several fundamental political elements. The advent of the neoliberal revival of the 1970s, first as a new ideology emphasizing the value of free market competition and then as a policy model and practice of government, has had a significant impact on the consideration of individuals within society. The Lockett v. Ohio rulingis part of this particular context, setting the stage for the societal mutation toward a ...
