Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

35,163 Full-Text Articles 21,075 Authors 35,483,325 Downloads 249 Institutions

All Articles in Constitutional Law

Faceted Search

35,163 full-text articles. Page 253 of 909.

Faq On The New York State Equality Amendment, Center for Gender and Sexuality Law 2022 Columbia Law School

Faq On The New York State Equality Amendment, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

Adopted in 1938, the New York State Constitution’s equality protections fall far short of a modern notion of equality that would protect the rights of all New Yorkers. Legislation currently pending in the New York Legislature would update the state’s constitution by prohibiting forms of discrimination that are currently unrecognized by the law.


Masthead, 2022 UC Law SF

Masthead

UC Law Constitutional Quarterly

No abstract provided.


Unintentional Destruction: Torres V. Madrid, In Defining A Fourth Amendment Seizure Of The Person As A Common Law Arrest, Turned Terry V. Ohio Into Collateral Damage, George M. Dery III 2022 UC Law SF

Unintentional Destruction: Torres V. Madrid, In Defining A Fourth Amendment Seizure Of The Person As A Common Law Arrest, Turned Terry V. Ohio Into Collateral Damage, George M. Dery Iii

UC Law Constitutional Quarterly

This article analyzes Torres v. Madrid, in which the Supreme Court ruled an officer seized a person when he shot her, even though the suspect temporarily eluded capture after the shooting. This work examines the logical implications of Torres’s reasoning. Torres equated a Fourth Amendment seizure of the person with a common law arrest and defined an arrest to include an officer’s slightest touching of a person, even with only a finger. This article asserts that the force of Torres’s logic has elevated the Terry stop and frisk to a full arrest because Terry’s intrusion involves official touching and control …


Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain 2022 CUNY Graduate Center

Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain

Dissertations, Theses, and Capstone Projects

How far can a democracy go to protect itself without jeopardizing the liberties upon which democracy depends? This dissertation examines why wartime restrictions on civil liberties outlive their original justifications. Through a comparative historical analysis of five major American wars, it illustrates the decisive role of the U.S. Congress in preserving these restrictions during peacetime. This argument challenges the prevailing consensus in the literature, which identifies wartime executive power as the main threat to postwar freedoms. It also reveals broader narratives of American constitutional development, including the rise and fall of intrusive congressional investigations, the decline of sedition legislation since …


Texas Statute Conferring Jurisdiction On District Courts Over Election Contests Is Inapplicable To Contests Of Congressional Election., Susan G. Wright 2022 St. Mary's University

Texas Statute Conferring Jurisdiction On District Courts Over Election Contests Is Inapplicable To Contests Of Congressional Election., Susan G. Wright

St. Mary's Law Journal

Abstract Forthcoming.


Nevada As An Example: State Immigration Reform In A Swing State, Michael Kagan, Selena Torres, Jorge "Coco" Padilla 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

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 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

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 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

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 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

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 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

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

Nevada Law Journal

No abstract provided.


Tackling The Qualified Immunity Problem With State Law, Andréa Vieira, Addie C. Rolnick, Anona Su 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

Tackling The Qualified Immunity Problem With State Law, Andréa Vieira, Addie C. Rolnick, Anona Su

Nevada Law Journal

No abstract provided.


State Is Required Under Texas Forfeiture Staute To Assume Burden Of Proving Proceeds Were Used In Gambling Activity., Curtis Vaughan III 2022 St. Mary's University

State Is Required Under Texas Forfeiture Staute To Assume Burden Of Proving Proceeds Were Used In Gambling Activity., Curtis Vaughan Iii

St. Mary's Law Journal

Abstract Forthcoming.


Book Review: The Mighty Roe Has Fallen (Probably): A Call To Action As An Antidote To Despair, Loreen Peritz 2022 Brooklyn Law School

Book Review: The Mighty Roe Has Fallen (Probably): A Call To Action As An Antidote To Despair, Loreen Peritz

Journal of Law and Policy

Reviewing CONTROLLING WOMEN: WHAT WE MUST DO NOW TO SAVE REPRODUCTIVE FREEDOM. By Kathryn Kolbert & Julie Kay. New York, NY: Hachette Books, 2021. 304 pp., $29.00


Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta 2022 Brooklyn Law School

Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta

Journal of Law and Policy

The Black Lives Matter protests in 2020 and ongoing reports of police brutality around the United States sparked extensive debate over qualified immunity and the legal protections that prevent police accountability. Individuals experiencing mental health crises are especially vulnerable to police violence, since police officers lack the requisite skills and knowledge to provide effective crisis support during mental health emergencies. Although the state-created danger doctrine was created by the courts as an exception to qualified immunity, it is so rarely applied that individuals harmed or even killed by police are left without legal remedy. This Note explores qualified immunity and …


Praying For America: The Anti-Theocracy And Equal Status Principles Of The Free Exercise, Equal Protection And Establishment Clauses, Corey Brettschneider 2022 Brigham Young University Law School

Praying For America: The Anti-Theocracy And Equal Status Principles Of The Free Exercise, Equal Protection And Establishment Clauses, Corey Brettschneider

BYU Law Review

In this essay I argue that the Constitution’s Equal Protection, Establishment, and Free Exercise Clauses share common principled limits on the role that religion can play in public life. Specifically, drawing on the free-exercise case of Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, the equal protection case of Romer v. Evans, and the establishment clause case of Town of Greece v. Galloway, I propose two principles to describe the proper place of religious justification as a basis for law. The first requirement is that in addition to any religious reasons for laws, the state must have …


Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr. 2022 Brigham Young University Law School

Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.

BYU Law Review

No abstract provided.


Separated At Baptism: What The Mortara Case Can Teach Us About The Rejection Of Natural Justice By Integralists And Progressives, Francis J. Beckwith 2022 Brigham Young University Law School

Separated At Baptism: What The Mortara Case Can Teach Us About The Rejection Of Natural Justice By Integralists And Progressives, Francis J. Beckwith

BYU Law Review

No abstract provided.


Political Partisanship And Sincere Religious Conviction, Mark Satta 2022 Brigham Young University Law School

Political Partisanship And Sincere Religious Conviction, Mark Satta

BYU Law Review

In order for a religious conviction to receive protection under the First Amendment or the Religious Freedom Restoration Act (RFRA), it must be a sincere religious conviction. Some critics of the Supreme Court’s ruling in Burwell v. Hobby Lobby have suggested that the plaintiffs in that case and in related cases were motivated more by political ideology than by sincere religious conviction. The remedy, they argue, is for courts to be quicker to scrutinize claims of religious sincerity. In this Article, I consider another possibility—namely, that current sociopolitical partisanship in the United States has eroded a clear distinction between political …


Most Favored Racial Hierarchy: The Ever-Evolving Ways Of The Supreme Court’S Superordination Of Whiteness, David Simson 2022 New York University School of Law; New York Law School

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 …


We Clerked For Justices Scalia And Stevens. America Is Getting Heller Wrong., Katherine A. Shaw, John Bash 2022 Benjamin N. Cardozo School of Law

We Clerked For Justices Scalia And Stevens. America Is Getting Heller Wrong., Katherine A. Shaw, John Bash

Online Publications

In the summer of 2008, the Supreme Court decided District of Columbia v. Heller, in which the court held for the first time that the Second Amendment protected an individual right to gun ownership. We were law clerks to Justice Antonin Scalia, who wrote the majority opinion, and Justice John Paul Stevens, who wrote the lead dissent.


Digital Commons powered by bepress