University of Miami School of Law
Columbia Law School
Case Western University School of Law
Iowa State University
The University of Maine
Duke Law School
Boise State University
San Jose State University
University of New Hampshire - Main Campus
Washington and Lee University School of Law
Masthead,
2021
University of California, Hastings College of the Law
Foreword,
2021
University of California, Hastings College of the Law
Foreword, Richelle Joy Gernan
Hastings Constitutional Law Quarterly
No abstract provided.
Presidential Impunity And The Mueller Report: How The Department Of Justice’S Failure To Subject The Special Counsel Regulations To Notice And Comment Undermined The Rule Of Law,
2021
University of California, Hastings College of the Law
Presidential Impunity And The Mueller Report: How The Department Of Justice’S Failure To Subject The Special Counsel Regulations To Notice And Comment Undermined The Rule Of Law, M. Akram Faizer
Hastings Constitutional Law Quarterly
Department of Justice (“DOJ”) Special Counsel, Robert S. Mueller, III’s two-volume, 448-page Report on the Investigation into Russian Interference in the 2016 Presidential Election (“the Report”), did an outstanding job in evidencing that President Trump’s actions in office satisfied the federal obstruction of justice standards. However, due to Mueller’s limited brief and his concern for maintaining the proper separation of powers, the Report, submitted confidentially to former Attorney General Barr as required by Department of Justice Regulations, abjured a determination as to Presidential criminality. This regulatory confidentiality requirement in conjunction with the requirement that Barr disclose an ...
Presidential Removal: Impeachment As A Tool To Promote Democracy In Haïti,
2021
University of California, Hastings College of the Law
Presidential Removal: Impeachment As A Tool To Promote Democracy In Haïti, Brynna Bolt
Hastings Constitutional Law Quarterly
No abstract provided.
Disability Rights And The Louisiana Constitution,
2021
University of California, Hastings College of the Law
Disability Rights And The Louisiana Constitution, Derek Warden
Hastings Constitutional Law Quarterly
The Louisiana Constitution contains three Equal Protection Clauses. Article I, section 3 prohibits discriminatory laws; but, as an original matter, should prohibit both discriminatory laws and government conduct. Article I, section 12 prohibits discrimination by individuals (government or private) in regard to access to public places. Finally, article I, section 2, the Due Process Clause, also contains an Equal Protection component. Each clause prohibits discrimination on the basis of “physical condition,” which contains a general “disability” component. Based upon statements from the Louisiana Constitutional Convention and other modalities of constitutional argument, this article concludes that these clauses—individually and in ...
Zoning For Public Health: Why A National Land Use Scheme Is Essential To Sustainable Food Production,
2021
Villanova University Charles Widger School of Law
Zoning For Public Health: Why A National Land Use Scheme Is Essential To Sustainable Food Production, Victor J. Absil
Villanova Environmental Law Journal
No abstract provided.
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co.,
2021
Villanova University Charles Widger School of Law
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Villanova Environmental Law Journal
No abstract provided.
A Chance To Save Lives: A Guide For How And Why The Us Should Mandate Vaccines For Children And Limit State Exemption Laws,
2021
The University of Akron
A Chance To Save Lives: A Guide For How And Why The Us Should Mandate Vaccines For Children And Limit State Exemption Laws, Lauren Zidones
Akron Law Review
Vaccines have helped increase the life expectancy for humans in the 20th century and have reduced the number of deaths associated with infectious diseases. Despite efforts by the CDC, state and local governments, and other public health agencies, infectious diseases are still a major cause of illness, disability, and death. Steps must be taken to address the continued rise of vaccine-preventable diseases in America. Eliminating or limiting state exemptions for mandatory vaccinations for school-aged children is the simplest way to address this growing issue. However, a population of parents argue for absolute parental rights and stand against any vaccine exemption ...
The Cobra Effect: Kisor, Roberts, And The Law Of Unintended Consequences,
2021
The University of Akron
The Cobra Effect: Kisor, Roberts, And The Law Of Unintended Consequences, Patrick Warczak Jr.
Akron Law Review
With its decision in Kisor v. Wilkie, the U.S. Supreme Court was expected to overturn Auer v. Robbins, under which courts are to defer to agencies’ interpretations of their own regulations. This was an expected precursor to the Court eventually overturning Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., which prescribes judicial deference to agency interpretations of statutes the agency administers. The Court instead chose to limit but not overturn Auer and leave Chevron untouched. This leaves lower courts with the challenge of determining when and how to properly apply Auer deference. But the Court’s ...
School Board Prayer: Reconciling The Legislative Prayer Exception And School Prayer Jurisprudence,
2021
The University of Akron
School Board Prayer: Reconciling The Legislative Prayer Exception And School Prayer Jurisprudence, Evan Lee
Akron Law Review
The Supreme Court has carved a legislative prayer exception out of the First Amendment’s Establishment Clause to allow clergy to deliver opening prayers at legislative sessions and meetings of local public deliberative bodies, such as town boards. Meanwhile, for decades, the Supreme Court has struck drown prayers in the public school context, including prayers in the classroom, at graduation ceremonies, and at high school varsity football games. However, the Supreme Court has not addressed whether prayers at public school board meetings should be barred as prayers in the public school context or permitted under the legislative prayer exception. A ...
Democracy Is Fragile: Extreme Partisan Polarization Has Become Rampant In The World,
2021
Golden Gate University School of Law
Democracy Is Fragile: Extreme Partisan Polarization Has Become Rampant In The World, Suzin Win
GGU Law Review Blog
The status of democracy once seemed irrelevant in discussions of government in the United States and other long-established democracies. However, with the rise of extreme partisan polarization and the contempt that each party shows for the other, maintaining constitutional democracy is now a major concern for people in America. There is no longer any ideological overlap between the most conservative Democrats and the most liberal Republicans. In the words of Professor Daryl J. Levinson and Professor Richard H. Pildes of NYU School of Law, the “separation of powers” has been replaced by a “separation of parties.” The actions of the ...
Brnovich V. Democratic National Committee: Examining Section 2 Of The Voting Rights Act,
2021
Duke Law
Brnovich V. Democratic National Committee: Examining Section 2 Of The Voting Rights Act, Arturo Nava
Duke Journal of Constitutional Law & Public Policy Sidebar
In Brnovich, the Court will determine whether Arizona’s out-of-precinct (OOP) policy and its ballot-collection law violate Section 2 of the VRA. The Ninth Circuit held that both voting provisions violate Section 2. The Supreme Court should affirm the Ninth Circuit’s decision, invoking the Section 2 Results Test adopted by multiple circuits, and find that a fact-specific inquiry should be preserved in assessing vote-denial claims. At a minimum, the Court should avoid establishing a bright-line rule as proposed by critics of the Section 2 Results Test. Such a rigid rule runs the risk of masking the nuances that the ...
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding,
2021
University of Mississippi
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Honors Theses
The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has ...
Child Entertainers And Their Limited Protections: A Call For An Interstate Compact,
2021
Barry University School of Law
Child Entertainers And Their Limited Protections: A Call For An Interstate Compact
Child and Family Law Journal
No abstract provided.
United States V. Arthrex Inc.: Clarifying Appointments Clause Requirements For Administrative Judges,
2021
Duke Law
United States V. Arthrex Inc.: Clarifying Appointments Clause Requirements For Administrative Judges, Albert Barkan
Duke Journal of Constitutional Law & Public Policy Sidebar
Article II of the United States Constitution details the methods by which presidential subordinate officers must be appointed. Despite its presence in the Constitution’s original text, the Appointments Clause remains ambiguous. The Clause provides different appointment processes for principal and “inferior officers,” but does not distinguish between these officers’ functions. In United States v. Arthrex, Inc., the Supreme Court must clarify the relationship between an Executive officer’s responsibilities and their appointment process.
“But, I Didn’T Mean To Hurt You”: Why The First Amendment Does Not Require Intent-To-Harm Provisions In Criminal “Revenge Porn” Laws,
2021
Boston College Law School
“But, I Didn’T Mean To Hurt You”: Why The First Amendment Does Not Require Intent-To-Harm Provisions In Criminal “Revenge Porn” Laws, Katherine G. Foley
Boston College Law Review
Free speech protection under the First Amendment to the U.S. Constitution is arguably one of the most essential rights that U.S. citizens hold. Since the founding of this country, a tension has existed between the government’s protection of free speech and an individual’s right to privacy. The Internet exacerbated this tension by providing an accessible avenue for the dissemination of private images for all to see. Nonconsensual pornography and “revenge porn” are at the epicenter of this issue. Today, one in twelve adults in the United States will become a victim of nonconsensual pornography during their ...
Fitbit Data And The Fourth Amendment: Why The Collection Of Data From A Fitbit Constitutes A Search And Should Require A Warrant In Light Of Carpenter V. United States,
2021
William & Mary Law School
Fitbit Data And The Fourth Amendment: Why The Collection Of Data From A Fitbit Constitutes A Search And Should Require A Warrant In Light Of Carpenter V. United States, Alxis Rodis
William & Mary Bill of Rights Journal
No abstract provided.
Deepfakes: A New Content Category For A Digital Age,
2021
William & Mary Law School
Deepfakes: A New Content Category For A Digital Age, Anna Pesetski
William & Mary Bill of Rights Journal
Technology has advanced rapidly in recent years, greatly benefitting society. One such benefit is people’s ability to have quick and easy access to information through news and social media. A recent concern, however, is that manipulated media, otherwise known as “deepfakes,” are being released and passed off as truth. These videos are crafted with technology that allows the creator to carefully change details of the video’s subject to make him appear to do or say things that he never did. Deepfakes are often depictions of political candidates or leaders and have the potential to influence voter choice, thereby ...
The Pure-Hearted Abrams Case,
2021
William & Mary Law School
The Pure-Hearted Abrams Case, Andres Yoder
William & Mary Bill of Rights Journal
One hundred years ago, Justice Oliver Wendell Holmes changed his mind about the right to free speech and wound up splitting the history of free speech law into two. In his dissent in Abrams v. United States, he called for the end of the old order—in which courts often ignored or rejected free speech claims—and set the stage for the current order—in which the right to free speech is of central constitutional importance. However, a century on, scholars have been unable to identify a specific reason for Holmes’s Abrams transformation, and have instead pointed to more ...
Judging History: How Judicial Discretion In Applying Originalist Methodology Affects The Outcome Of Post-Heller Second Amendment Cases,
2021
William & Mary Law School
Judging History: How Judicial Discretion In Applying Originalist Methodology Affects The Outcome Of Post-Heller Second Amendment Cases, Mark Anthony Frassetto
William & Mary Bill of Rights Journal
This Article aims to assess how the federal appellate courts have applied the originalist methodology in Second Amendment cases in the decade since Heller. It reviews how courts’ varying approaches to historical analysis—specifically, how courts have addressed what historical period to look to, how prevalent a historical tradition must be, and whether to address history at a high or low level of generality—can drastically affect the outcome of cases. As Justice Scalia acknowledged in McDonald, “Historical analysis can be difficult; it sometimes requires resolving threshold questions, and making nuanced judgments about which evidence to consult and how to ...
