Constitutional Law Commons^™

Full Faith And Credit In The Post-Roe Era, Celia P. Janes

Duke Journal of Constitutional Law & Public Policy Sidebar

In 2022, the Supreme Court overturned Roe v. Wade, once again leaving the question of whether abortion should be legal to individual state legislatures. This decision allowed the Texas law known as S.B. 8, alternatively known as the Texas Heartbeat Act, to go into effect. The law allows private individuals to sue anyone who has performed or has aided and abetted the performance or inducement of an abortion in Texas. California responded to this law with Assembly Bill 2091, which prevents California state courts from issuing subpoenas arising under S.B. 8 and similar laws in other states. This Note addresses …

Arizona V. Navajo Nation, Sarah K. Yarlott

Public Land & Resources Law Review

Arizona v. Navajo Nation clarified the United States’ trust duties to protect tribal water rights under the Winters doctrine and the 1868 Treaty with the Navajo. Under the Winters doctrine, Indian reservations are permanent homes that include an implicit reservation of water rights. However, Winters did not elaborate on the United States’ role in securing those rights. In Navajo Nation, the Court settled whether the United States has an implied duty under its trust obligations to take affirmative steps in securing water rights for tribes; the Court held no such implied duty exists.

Sackett V. Environmental Protection Agency, Meridian Wappett

Public Land & Resources Law Review

In 2007, the Sacketts began developing a property a few hundred feet from Priest Lake in Northern Idaho by filling their lot with gravel. The EPA determined the lot constituted a federally protected wetland under the WOTUS definition because the lot was near a ditch that fed into a creek flowing into Priest Lake, a navigable intrastate lake. The EPA halted the construction. The Sacketts sued the EPA, arguing the CWA did not apply to their property. The Supreme Court held that the CWA did not apply to the Sacketts property because the CWA only covers wetlands and streams that …

Law School News: Victorious Verdict 2-21-2024, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick

Chicago-Kent Law Review

No abstract provided.

The Arrival Of The Civil Jury In Argentina: The Case Of Chaco, Shari S. Diamond, Valarie P. Hans, Natali Chizik, Andres Harfuch

Chicago-Kent Law Review

No abstract provided.

Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo

Chicago-Kent Law Review

No abstract provided.

Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans

Chicago-Kent Law Review

No abstract provided.

The Hybridization Of Lay Courts: From Colombia To England And Wales, Jeremy Boulanger-Bonnelly

Chicago-Kent Law Review

No abstract provided.

Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, Barbara O'Brien, Catherine M. Grosso

Chicago-Kent Law Review

No abstract provided.

Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait

Chicago-Kent Law Review

No abstract provided.

Race, Peremptory Challenges, And State Courts: A Blueprint For Change, Nancy S. Marder

Chicago-Kent Law Review

No abstract provided.

Communication With Public Officials In The Modern Age Of Social Media: Does It Violate The First Amendment When Public Officials Block Private Individuals From Their Social Media Pages?, Emily Cohen

Duke Journal of Constitutional Law & Public Policy Sidebar

In the modern world, social media dominates. It is considered an almost essential function of public officials, ranging from the President of the United States to local politicians, to maintain at least one social media page to keep the public updated on their policies and current events. As public officials shift toward social media to communicate with the public, these social media sites become the new spaces for public discourse, with members of the public often commenting on or responding to public officials' posts. As more public discourse occurs on these sites, and individuals begin to criticize their public officials …

An Exegesis Of The Meaning Of Dobbs: Despotism, Servitude, & Forced Birth, Athena D. Mutua

Journal Articles

The Dobbs decision has been leaked. Gathered outside of New York City's St. Patrick's Old Cathedral, pro-choice protesters chant: "Not the church, not the state, the people must decide their fate."

A white man wearing a New York Fire Department sweatshirt and standing on the front steps responds: "l am the people, l am the people, l am the people, the people have decided, the court has decided, you lose . . . . You have no choice. Not your body, not your choice, your body is mine and you're having my baby."

Despicable but not unexpected,³ this man's comments …

Kennedy V. Bremerton School District: A Touchdown And A Victory For Establishment Clause Jurisprudence, Aislinn Comiskey

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Missing The Mark: How Legislative Adjustments To The Disparagement Clause Could Promote The Revocation Of Trademarks For Professional Sporting Teams Referencing Native American Culture, Laura Ospina

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The 2024 Cardozo Colloquium On Global And Constitutional Theory, Benjamin N. Cardozo School Of Law

2024 Event Invitations

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, Benjamin N. Cardozo School Of Law

2024 Event Invitations

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.

Expanding Equality, Terry Skolnik

Dalhousie Law Journal

Section 15 of the Canadian Charter provides a constitutional right to equality. But the Supreme Court of Canada has interpreted this right restrictively. Today, the Constitution fails to protect certain individuals and groups against obvious forms of direct and indirect discrimination. This article argues that s. 15 of the Charter is interpreted narrowly in three respects and advances proposals to expand the right to equality. First, the right to equality framework fails to protect marginalized persons and groups against direct discrimination. Second, courts overlook how individuals can suffer discrimination based on quasi-immutable traits, which are personal characteristics that are relatively …

Restrictions "Our Ancestors Would Never Have Accepted": The Historical Case Against Assault Weapon Bans, C.D. Michel, Konstadinos Moros

Wyoming Law Review

The debate around what types of “arms” the Second Amendment protects is revitalized in the wake of Bruen’s renewed focus on our historical tradition as the determinative factor in Second Amendment cases. Thus far, several district courts have upheld state “assault weapon” bans in part by relying on an overly sanitized version of the Second Amendment that our founders, as well as their immediate descendants in the 19th century, would consider unrecognizable. While prior generations of Americans undoubtedly believed self-defense, hunting, and sport were all important components of the right to keep and bear arms, an overriding purpose frequently …