Constitutional Law Commons^™

Cannabis Drug Development And The Controlled Substances Act, Gabrielle Feliciani

Duke Journal of Constitutional Law & Public Policy Sidebar

Cannabis is a federally illegal drug in the United States, yet thirty-seven states and four territories have now enacted laws allowing the production, distribution, and consumption of cannabis for medical use. An estimated 5.5 million individuals in medical-use states are qualified to purchase cannabis to treat and mitigate symptoms for conditions ranging from cancer to post-traumatic stress disorder to chronic pain. But, only three cannabis drugs have been approved by the Food and Drug Administration (FDA).

The current state of federal illegality creates a problem of supply and demand—consumer demand for cannabis is high, but the number of approved drug …

Too Much Salt: Rejecting The Pass-Through Entity Tax As A Salt Deduction Cap Workaround, Timothy Gray Ingram

Duke Journal of Constitutional Law & Public Policy Sidebar

Historically, U.S. taxpayers have been able to deduct their state and local taxes from their federal taxable income. This changed with the passage of the Tax Cuts and Jobs Act of 2017, which introduced a $10,000 cap on the state and local tax (SALT) deduction. States have reacted by turning to various methods to mitigate the negative tax consequences of the cap for their residents, including workarounds that use the charitable contribution deduction or a payroll tax as a means to allow full deductibility of state and local taxes.

With the IRS striking down the charitable contribution workaround, and the …

What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Let's Talk Dirty: Revealing The United States Sanitation Crisis And Its Disproportionate Effect On Poor And Minority Communities, Lindsay Norton

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes

DePaul Business & Commercial Law Journal

No abstract provided.

Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo

DePaul Business & Commercial Law Journal

No abstract provided.

The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong

DePaul Business & Commercial Law Journal

No abstract provided.

The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira

DePaul Business & Commercial Law Journal

No abstract provided.

By Any Measure, Liberal Democracy Is Superior. Here’S Why, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

That’S It? Scrutinizing The Marshal Of The Supreme Court’S Role In An Investigation Within The Context Of 28 U.S.C. § 672, Josh Zoeller

SLU Law Journal Online

In May 2022, the Dobbs v. Jackson Women’s Health Organization majority opinion was leaked to the news outlet POLITICO. Very quickly thereafter, Chief Justice Roberts ordered the Marshal of the U.S. Supreme Court to investigate who was responsible for the leak. In this article, Josh Zoeller scrutinizes the Marshal’s report on the investigation while providing background on the Marshal’s role at the Court and how the position is statutorily defined.

Under G-D, Dereck Daschke

Journal of Religion & Film

This is a film review of Under G-d (2022), directed by Paula Eiselt.

The Long Road To Dobbs, Earl M. Maltz

UC Law Constitutional Quarterly

For anti-abortion activists, the recent decision in Dobbs v. Jackson Women’s Health Organization represented the culmination of a decadeslong campaign to reverse the holding of Roe v. Wade and eliminate constitutional constraints on governmental authority to limit access to abortions. In 1992, despite the fact that the Court was dominated at that time by justices who had been chosen by Presidents who were openly critical of the prochoice position, these activists had been sorely disappointed by the outcome in Planned Parenthood of Southeastern Pennsylvania v. Casey, in which a majority of the justices had reaffirmed their support for what was …

Possible Avenues For Action Related To The Equal Rights Amendment, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

Resolutions have been introduced into both the House and the Senate declaring the Equal Rights Amendment (ERA) to be fully ratified as the 28th Amendment to the U.S. Constitution. There are other legislative steps that—while short of declaring the ERA fully ratified — could be taken to advance the measure toward final ratification, and to create political facts that would reinforce the position that the ERA is already the 28th Amendment.

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Foreword, Madeline Cline

UC Law Constitutional Quarterly

No abstract provided.

The Constitution’S Waning Enforceability: Constitutional Torts After Egbert & Vega, Bailey D. Barnes

UC Law Constitutional Quarterly

The 2021 term of the Supreme Court of the United States produced two opinions significantly dampening the future of constitutional tort actions, which are cases brought to remedy a government agent’s deprivation of an individual’s constitutional rights. First, in Egbert v. Boule, the Court refused to extend Bivens liability to an excessive force claim made against a United States Border Patrol Agent. Second, in Vega v. Tekoh, the Court contravened the traditional understanding of the Fifth Amendment’s Self-Incrimination Clause by preventing a § 1983 civil rights action against a sheriff’s deputy who procured an un-Mirandized statement from a criminal suspect. …

Denaturalization And The Negative Effects Of Widespread Insecurity In Citizenship For Naturalized Citizens, Saman Hashemi

UC Law Constitutional Quarterly

No abstract provided.

Contextualizing Corruption: Foreign Financing Bans And Campaign Finance Law, Lori A. Ringhand

Cardozo Law Review

No abstract provided.

Qualified Knowledge: The Case For Considering Actual Knowledge In Qualified Immunity Jurisprudence As It Relates To The First Amendment Right To Record, Carly Laforge

William & Mary Law Review

This Note argues that this particular finding of the Frasier court is both pragmatically and philosophically problematic. By design, the qualified immunity doctrine seeks to shield police officers from civil rights lawsuits. However, prioritizing assumed knowledge over actual knowledge in determining what qualifies as a clearly established constitutional right harms the citizens that law enforcement officers have sworn to protect and serve. While traditional delineations of clearly established rights have involved appeals to precedent, public policy concerns are also important considerations in the qualified immunity analysis. In this way, Frasier is especially concerning in that it prioritizes the total defense …

Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers

Dissertations, Theses, and Capstone Projects

The US Civil War was fought over slavery. But what do we really mean when we say that? This paper examines that question, first by exploring the idea of “higher law,” which gained tremendous traction in American society starting around 1850. Proponents of the idea claimed that laws such as the Fugitive Slave Act are immoral; that the immorality of such laws is self-evident, and that such immoral laws should be resisted—sometimes even with violence. Meanwhile, opponents of the idea of higher law were not necessarily in favor of slavery, but they opposed the use of extra-Constitutional means to bring …