Constitutional Law Commons^™

Second Amendment Animus, Jacob D. Charles

Northwestern University Law Review

No abstract provided.

When Guns Threaten The Public Sphere: A New Account Of Public Safety Under Heller, Joseph Blocher, Reva B. Siegel

Northwestern University Law Review

No abstract provided.

The Resilience Of Substantive Rights And The False Hope Of Procedural Rights: The Case Of The Second Amendment And The Seventh Amendment, Renée Lettow Lerner

Northwestern University Law Review

No abstract provided.

Second Amendment Equilibria, Darrell A.H. Miller

Northwestern University Law Review

No abstract provided.

The State's Monopoly Of Force And The Right To Bear Arms, Robert Leider

Northwestern University Law Review

No abstract provided.

The Future Of The Second Amendment In A Time Of Lawless Violence, Nelson Lund

Northwestern University Law Review

No abstract provided.

When Two Rights Make A Wrong: Armed Assembly Under The First And Second Amendments, Michael C. Dorf

Northwestern University Law Review

No abstract provided.

The Second Amendment In A Carceral State, Alice Ristroph

Northwestern University Law Review

No abstract provided.

Justice Gorsuch's Choice: From Bostock V. Clayton County To Dobbs V. Jackson Women's Health Organization, Marc Spindelman

ConLawNOW

Informed speculation holds that the Supreme Court’s decision to hear and decide Dobbs v. Jackson Women’s Health Organization spells bad news for constitutional abortion rights. Recognizing both the stakes and the odds, this brief commentary engages Justice Neil Gorsuch’s majority opinion in Bostock v. Clayton County and the prospects that it opens up in Dobbs for a future for—not against—abortion rights. Bostock’s pro-gay and pro-trans sex discrimination rulings are built atop—and go out of their way to reaffirm—women’s statutorily-grounded economic and social rights, and hence women’s equal citizenship stature. Moreover, the final decision in the case emerges after judicial wrestling …

Aals Constitutional Law Panel On Brown, Another Council Of Nicaea?, Kelly A. Macgrady, John W. Van Doren

Akron Law Review

When considering the product of the AALS Constitutional Law Panel, entitled "What Brown Should Have Said," held in January 2000, in Washington, D.C., we have experienced considerable disorientation. We therefore ask the question asked by Lucretia in Machievelli's play, The Mandragola, "Do you mean it or are you laughing at me?" We fear that the Panelists may be laughing at us. Because, in short, their writings criticize the formalism that they use in the panel court opinions. In this article, we pick four of the Panelists, more or less at random, and confront the question of whether their writings before …

Identical Constitutional Language: What Is A State Court To Do? The Ohio Case Of State V. Robinette, Marianna Brown Bettman

Akron Law Review

We are in the era of rediscovery of state constitutional law. In Ohio, there has been an official announcement of this in the syllabus of a highly significant case, Arnold v. City of Cleveland. In Ohio, the syllabus is the law of the case. The syllabus of Arnold begins with the simple but dramatic statement, "The Ohio Constitution is a document of independent force." It goes on to state, in the remainder of the paragraph, the basic guidepost of federal/state relations in the area of individual rights: In the areas of individual rights and civil liberties, the United States Constitution, …

Doj’S Refusal To Defend Mo Brooks Was Wrong; Prosecuting Trump Would Be Worse, Bruce Ledewitz

Newspaper Columns

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

August 20, 2021: Defend Mo Brooks; Don't Prosecute Donald Trump--This Week's Column In The Pa Capital-Star, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Defend Mo Brooks; Don't Prosecute Donald Trump--this week's column in the Pa Capital-Star“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

'Divisive Concepts' Law And The Big Chill, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Much Critical commentary concerning the so-called "divisive concepts" provisions in this year's budget legislation has focused on their restrictions on speech. These restrictions, among other things, forbid public K-12 teachers from instructing that some persons are "inherently superior or inferior to [others]", "inherently racist or sexist," "should be discriminated against," or "should not attempt to treat others equally" because of their "age, sex gender identity, sexual orientation, race, creed, color, marital status, mental or physical disability, religion, or national origin."

August 15, 2021: What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Has Gone Wrong and What Can We Do About It?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 14, 2021: Lale Gul Wants To Lie On The Beach In A Bikin, Bruce Ledewitz

Hallowed Secularism

Blog post, “Lale Gul Wants to Lie on the Beach in a Bikin“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

New Hampshire's 'Divisive Concepts' Law And The Big Chill, John M. Greabe

Law Faculty Scholarship

[Excerpt] "

Much critical commentary on the so-called “divisive concepts” provisions in this year’s budget legislation – the label comes from language in an earlier version of the bill – has focused on their content- and viewpoint-based restraints on speech. These speech restrictions prohibit state public employers, including public K-12 school teachers, from (among other things) instructing that persons are “inherently superior or inferior to [others]” “inherently racist or sexist,” “should be discriminated against,” or “should not attempt to treat others equally” because of their “age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or …

Linguistic Estoppel: A Custodial Interrogation Subject’S Reliance On Traditional Language Customs When Facing Unknown Expectations For Legally Efficacious Speech, Taylor J. Smith

BYU Law Review

For various reasons, speakers often communicate indirectly, hiding their words’ true meaning beneath an apparent surface meaning. For example, a woman trying to brush off her co-worker’s date invitation might respond, “I have to prepare for a presentation tomorrow.” While the words’ surface meaning doesn’t relate to the date invitation, the hearer usually understands the underlying message—that is to say, the words’ function differs from their form. However, because the law’s language ideology requires directness and surface-level meaning, lay-speaking interrogation subjects often have difficulty effectively invoking their Miranda rights. Because the legal system’s search for determinacy often results in reliance …

What A Novel Can Teach Us About Religion In America, Bruce Ledewitz

Newspaper Columns

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

August 3, 2021: The Startup Wife Shows We Need Help With Our Spiritual Infrastructure--This Week's Column, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Startup Wife Shows We Need Help With Our Spiritual Infrastructure--This Week's Column“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.