Constitutional Law Commons^™

A Concerted Effort: How The Roberts Court Demolished Anti-Gerrymandering Protections, Samuel Ogden

Seattle Journal for Social Justice

No abstract provided.

The Zoom Dock Is Worse Than A Cage: Remote Appearances From Jail Are Unconstitutional In Washington, Michael Mactaggert, Jeremiah Noonan

Seattle Journal for Social Justice

No abstract provided.

Maga's Blue State Strategy: How Democrats And University Leaders Helped The Reactionary Right Weaponize Antisemitism Against Higher Education, Jonathan Feingold, Isaac Kamola

Faculty Scholarship

The professors are the enemy. Professors are the enemy. Write that on the blackboard 100 times and never forget it.

—President Richard Nixon, 1972¹

[I]f any of us wants to do the things we want to do[,] . . . we have to honestly and aggressively attack the universities in this country.

—J.D. Vance, 2021²

October 7, 2023 was many things. One of those things was a lucky break for the Heritage Foundation (“Heritage”). For decades, Heritage and its allied think tanks, donors, and officials had labored to discredit and, if possible, take over higher education in the …

Drug War Repairs Guarantees, Amber Baylor

Faculty Scholarship

Drug legalization, especially cannabis legalization, is a critical step forward in states’ willingness to address systemic disparities, privacy intrusions, violence, and other harms of the drug war. Yet, reforms center on legalization and repair through a narrow lens, focused on changes to the penal code. The public has found that narrow forms of legalization cannot serve their purported reparative purpose. Narrowly drawn legalization is illusory. Drug war harms and punishment for legalized substance use continue. Legalization reforms are vulnerable to political trends, resulting in rollback and retrenchment of drug war operations.

Legalization cannot deliver on its reparative terms without guarantees. …

Vaccines, Religious Liberty, And The Gvr As Doctrinal Signal, Zalman Rothschild

Articles

This Essay proceeds in four Parts. Part I traces the doctrinal baseline, showing that vaccines have long functioned as the limit case for religious liberty. Part II briefly describes the doctrinal changes of the COVID-19 era — the Supreme Court’s expansion of religious equality doctrine, and its emergency-docket denials that left vaccine mandates formally unresolved — before explaining why the GVR in Miller signals a different move: the extension of the religious liberty framework to vaccine mandates, bypassing the comparability analysis that had allowed most courts to sustain them under the equality model. Part III turns to Miller itself and …

The Unitary Executive And The Federal Reserve, Lev Menand

Faculty Scholarship

The U.S. Supreme Court may soon embrace an interpretation of the U.S. Constitution that would significantly expand the power of the president over federal administrators and invalidate key provisions in dozens of federal statutes. A critical question is whether this interpretation — known as the unitary executive theory (UET) — would also render unconstitutional central bank independence (CBI), an arrangement where a country’s monetary policy is formulated by a semiautonomous body of experts insulated from partisan political pressure. Several justices have suggested that it would not, and a growing scholarly literature has proposed ways for the Court to distinguish the …

A Constitutional Black Box: Critically Assessing The Constitutional And Algorithmic Implications Of The Netchoice Cases, Sam Merkatz

Bates College Undergraduate Law Review

In 2024, the Supreme Court of the United States jointly heard Moody v. NetChoice, LLC and NetChoice, LLC v. Paxton, cases challenging Florida and Texas statutes that restricted the capacity of social media platforms to moderate content. While remanding the cases, the Court reaffirmed that content moderation and curation qualify as protected expression under the First Amendment. This paper critically assesses the Court's majority opinion and its nonbinding dicta regarding the expressive nature of algorithmic moderation.

Specifically, drawing on Justice Alito’s concurrence in judgement only, this paper argues that the Court fails to account for fundamental differences between traditional …

Public Opinion And State Abortion Policy, Gender, Age, And Ideology: Agreement With Dobbs Vs. Jackson Women’S Health Organization (2022), Jack Mcroberts

Bates College Undergraduate Law Review

No abstract provided.

The Paradox Of Equal Protection: Anti-Subordination Rhetoric In Service Of Anti-Classification Ends, Aanya Ghosh

Bates College Undergraduate Law Review

This article examines the evolution of Equal Protection jurisprudence through the competing lenses of anti-classification and anti-subordination. Anti-classification holds that the Constitution prohibits governmental use of racial categories regardless of purpose; anti-subordination holds that the Equal Protection Clause targets the perpetuation of racial hierarchy rather than the mere use of racial categories. Beginning with the foundational ambiguity of Brown v. Board of Education (1954) and tracing the doctrinal trajectory through Regents of the University of California v. Bakke (1978), Grutter v. Bollinger (2003), Parents Involved in Community Schools v. Seattle School District No. 1 (2007), and Students for Fair Admissions …

Understanding Government Regulation On Food And The Constitutionality Of Banning High Fructose Corn Syrup For National Defense, Charlotte Bernhard

Bates College Undergraduate Law Review

The following work explores a hypothetical scenario in 2029 where President Gavin Newson  hopes to decrease obesity to increase the number of Americans eligible for the draft. As tensions rise in North Korea, the President considers sending around 200,000 troops to South Korea and Japan, yet with high levels of obesity in the United States, a low number of eligible Americans for deployment may put unnecessary strain on troops. Therefore, the President considers banning high fructose corn syrup-containing products to decrease obesity rates.

This work explores how the President and American government can constitutionally limit foods containing high fructose corn …

Sosiologi Perundang-Undangan Dan Pemanfaatannya, Jufrina Rizal

Jurnal Hukum & Pembangunan

Abstract

Pembaharuan Hukum Terhadap Pasal 26 Ayat (I) Uud Negara Republik Indonesia Tahun 1945, Fatmawati Fatmawati

Jurnal Hukum & Pembangunan

Abstract

Perlindungan Program Komputer Menurut Hukum Hak Kekayaan Intelektual, Afifah Kusumadara

Jurnal Hukum & Pembangunan

Abstract

Posisi Hukum Badan Pengadilan Pajak Dalam Sistem Hukum Indonesia, Tri Hayati

Jurnal Hukum & Pembangunan

Abstract

Ketentuan Forward-Statements Di Pasar Modal, Bismar Nasution

Jurnal Hukum & Pembangunan

Abstract

Kinerja Polri Pasca Polri Mandiri, Farouk Muhammad

Jurnal Hukum & Pembangunan

Abstract

Aspek Sosio-Kultural Pencegahan Terorisme, Thomas Sunaryo

Jurnal Hukum & Pembangunan

Abstract

Sudah Saatnya Indonesia Memiliki Kodifikasi Hukum Perdata Internasional, Mutiara Hikmah

Jurnal Hukum & Pembangunan

Abstract

Perlindungan Hak Cipta Musik Atau Lagu Di Indonesia, Hendra Tanu Atmadja

Jurnal Hukum & Pembangunan

Abstract

Penyelesaian Tindak Pidana Pemilu Di Indonesia, Topo Santoso

Jurnal Hukum & Pembangunan

Abstract