Constitutional Law Commons^™

Private Search And Seizure: The Constitutionality Of Anton Piller Orders In Canada, Dimitros Valkanas

Dalhousie Law Journal

This paper examines the constitutionality of the Anton Piller order in Canadian law. First, the paper examines whether Anton Piller orders overall are unconstitutional through three major avenues of attack: (i) Charter challenges; (ii) the ultra vires doctrine; and (iii) the principle of natural justice, audi alteram partem. Afterwards, in the event that no challenge against Anton Piller orders broadly would succeed, the paper examines whether their uniquely Canadian variant known as a “rolling” or “John (or Jane) Doe” Anton Piller orders could be challenged, looking at both Charter and non-Charter challenges. Finally, this paper proposes the imposition of additional …

Life And Afterlife In The Steel Seizure Case, Matthew Steilen

Buffalo Law Review

This Essay examines the proper role of the Supreme Court in deciding disputes between Congress and the President. Progressive commentators are now urging the Court to dismiss these cases as political questions, at least where doing so would give effect to congressional regulations of the President. The Court’s interference is criticized as antidemocratic. This Essay advances a different conception of the Supreme Court’s role by examining the famous Steel Seizure Case. In that case, the Court upheld an injunction barring President Truman from seizing the nation’s steel mills, on grounds that doing so was inconsistent with congressional will and without …

The Committee Of Style And The Federalist Constitution, David S. Schwartz

Buffalo Law Review

The conventional interpretation of the Constitution assumes that the Committee of Style, which created the final draft of the Constitution, lacked authority to engage with substance; therefore, any arguably substantive changes it purportedly made should be disregarded in favor of earlier draft language found in the records of the Constitutional Convention. This “Style doctrine” has been embraced by the Supreme Court and several leading constitutional scholars. This Article argues that the Style doctrine is historically unfounded and obscures the Constitution’s original meaning. The Committee of Style was not prohibited from proposing substantive changes. In any case, most of the revisions …

Checking Our Attachment To The Charter And Respecting Indigenous Legal Orders: A Framework For Charter Application To Indigenous Governments, Naiomi Metallic

Articles, Book Chapters, & Popular Press

The Canadian Charter of Rights and Freedom looms large in our national identity. As a constitutional law professor at a Canadian law school, my experience is that most students and lawyers see the Charter as intrinsically tied to fundamental notions of justice and fairness in our country. Because of this, Canadian lawyers and judges, who believe the Charter to be inherently good, may find it hard to understand why Indigenous peoples resist application of the Charter to their own institutions. But Canadian jurists’ attachment to the Charter, if not kept in check, can easily lead to dismissing important objections …

The Future Of Secularism, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Disentangling Textualism And Originalism, Katie Eyer

ConLawNOW

Textualism and originalism are not the same interpretive theory. Textualism commands adherence to the text. Originalism, in contrast, commands adherence to history. It should be self-evident that these are not—put simply—the same thing. While textualism and originalism may in some circumstances be harnessed to work in tandem—or may in some circumstances lead to the same result—they are different inquiries, and command fidelity to different ultimate guiding principles.

In this Essay, I argue that disentangling textualism and originalism is critical to the future vibrancy and legitimacy of textualism as an interpretive methodology. When conflated with originalism, textualism holds almost endless opportunities …

Is Corporate Law Nonpartisan?, Ofer Eldar, Gabriel V. Rauterberg

Articles

Only rarely does the United States Supreme Court hear a case with fundamental implications for corporate law. In Carney v. Adams, however, the Supreme Court had the opportunity to address whether the State of Delaware’s requirement of partisan balance for its judiciary violates the First Amendment. Although the Court disposed of the case on other grounds, Justice Sotomayor acknowledged that the issue “will likely be raised again.” The stakes are high because most large businesses are incorporated in Delaware and thus are governed by its corporate law. Former Delaware governors and chief justices lined up to defend the state’s “nonpartisan” …

Competitor Standing To The Rescue: Saving The Emoluments Clause, Demitri Dawson

Legislation and Policy Brief

No abstract provided.

Foreword, Meron Wendwesen, Katrina Uyehara

UC Law Constitutional Quarterly

No abstract provided.

Nevada As An Example: State Immigration Reform In A Swing State, Michael Kagan, Selena Torres, Jorge "Coco" Padilla

Nevada Law Journal

No abstract provided.

Stopping Anti-Asian Hate: Local Solutions To A National Problem, Stewart Chang

Nevada Law Journal

No abstract provided.

No Path Forward: Nevada’S Death Penalty, Randolph M. Fiedler

Nevada Law Journal

No abstract provided.

Introduction: A Symposium On Enhancing Civil And Constitutional Rights Through State And Local Action, Ann C. Mcginley

Nevada Law Journal

No abstract provided.

Felony Disenfranchisement And Voting Rights Restoration In The States, Manoj Mate

Nevada Law Journal

No abstract provided.

Health Plan Coverage For Gender-Affirming Care: Continued Shortcomings At The Federal Level And A Role For Progressive States, Richard Luedeman

Nevada Law Journal

No abstract provided.

Behind The Screen: The Constitutionality Of Remote Testimony For Survivors Of Domestic Violence, Rachel Harris

UC Law Constitutional Quarterly

“Before my hearing for my order of protection, I knew that he would try to contact me through other people, send me flowers, send presents to the kids, and all of those things will make me feel powerless when I have to go into court and see him face-to-face. I knew after all of that I would tell the judge that I changed my mind and that I am going to give him another chance. But being on the screen, I tell you, gave me a sense of empowerment. When the judge asked me if I wanted an order of …

Constitutional Law—Fourteenth Amendment And Fetal Personhood—Established Injustice: American Abortion Jurisprudence And The Irreducible, Geoffrey "Chip" Gross

University of Arkansas at Little Rock Law Review

No abstract provided.

Renewing The Vagueness Challenge To Crimes Involving Moral Turpitude, Melissa London

Washington Law Review

Noncitizens who have been convicted of a “crime involving moral turpitude” (CIMT) under the Immigration and Nationality Act (INA) can be deported. However, the INA fails to provide a definition for “moral turpitude” or a list of crimes that necessarily involve “moral turpitude.” As a result, judges are given wide discretion to decide when a crime is morally reprehensible enough to render a noncitizen deportable. This moral determination in the CIMT analysis has led to disparate results among the lower courts, which deprives noncitizens of meaningful notice of what conduct could render them deportable. In 1951, the Supreme Court held …

Most Favored Racial Hierarchy: The Ever-Evolving Ways Of The Supreme Court’S Superordination Of Whiteness, David Simson

Michigan Law Review

This Article engages in a critical comparative analysis of the recent history and likely future trajectory of the Supreme Court’s constitutional jurisprudence in matters of race and religion to uncover new aspects of the racial project that Reggie Oh has recently called the “racial superordination” of whiteness—the reinforcing of the superior status of whites in American society by, among other things, prioritizing their interests in structuring constitutional doctrine. This analysis shows that the Court is increasingly widening the gap between conceptions of, and levels of protection provided for, equality in the contexts of race and religion in ways that prioritize …

State Constitutional Law Declares Its Independence: Double Protecting Rights During A Time Of Federal Constitutional Upheaval, Scott L. Kafker

UC Law Constitutional Quarterly

No abstract provided.