Constitutional Law Commons^™

Dukungan Budaya Terhadap Kondisi Vlktimisasi Anggota Masyarakat Pendukung Budaya, Adrianus Meliala

Jurnal Hukum & Pembangunan

Abstract

Sejarah Dan Perkembangan Pemikiran Pluralisme Hukum Dan Konsekuensi Metodologlsnya, Sulistyowati Lrianto

Jurnal Hukum & Pembangunan

Abstract

Desentralisasl Dengan Sistem Federal Dan Pengaruhnya Terhadap Pelaksanaan Fungsl Negara, Edie Toet Hendratno

Jurnal Hukum & Pembangunan

Abstract

Beberapa Catatan Mahkamah Pidana Internasional Dalam Kaitannya Dengan Perserikatan Bangsa-Bangsa (Pbb), Sri Setianingsih Suwardi

Jurnal Hukum & Pembangunan

Abstract

From Claiborne To Climate: Anti-Esg Boycott Legislation And Corporate First Amendment Rights, Ingrid Tjendro

Fordham Law Review Online

Since 2021, at least twenty-one states have enacted laws targeting financial institutions and companies that incorporate environmental, social, and governance (ESG) considerations into their business practices. This Comment examines the First Amendment implications of one specific category of such legislation—state anti-ESG boycott statutes—and argues that they constitute an unconstitutional suppression of protected corporate speech and association.

Drawing on traditional anti-boycott jurisprudence, including NAACP v. Claiborne Hardware Co. and Rumsfeld v. Forum for Academic and Institutional Rights, Inc., and the circuit split over anti-Israel boycott legislation, this Comment centers on the recent decision in American Sustainable Business Council v. Hegar …

What Is A House?: Searching For The Meaning And Scope Of Curtilage At Common Law, Mitchell A. Del Bianco

Fordham Law Review Online

No abstract provided.

A Qualitative Study Of Journalism Course Syllabi In Relation To The First Amendment, Elizabeth L. Bunnell

Journalism Undergraduate Honors Theses

The goal of this research is to gain more insight into collegiate journalism course syllabi and the First Amendment. The First Amendment is a foundational aspect for a career in journalism, and one way to learn how college journalism students are interacting with the First Amendment is to conduct a qualitative analysis of the syllabi. A syllabus is the contract between professor and student for the course; therefore, it should contain the most important information relating to the course. 47 syllabi were collected from the School of Journalism and Strategic Media from the Spring 2025 semester. After reading through each …

Supreme Court And Presidentialism: When Judges Stand In The President’S Way, Michael Procopio Avelar

LL.M. Essays & Theses

This article examines the conditions under which constitutional courts are able to resist executive attempts at institutional capture during periods of democratic erosion. Instead of concentrating on the mechanisms through which courts are attacked, it focuses on how courts effectively behave in the long term when operating under sustained political pressure. The central claim is that judicial resistance cannot be explained solely by formal institutional design or by a general commitment to constitutional principles. It depends on the interaction of three variables: judicial replaceability, external support, and enforcement capacity.

The article develops a typology of judicial responses to executive aggrandizement, …

Statutory Backups For Endangered Constitutional Rights, Aaron-Andrew P. Bruhl

Faculty Publications

This Article concerns the phenomenon of “statutory backup rights,” or statutes that provide protections parallel to constitutional rights that are believed to be at risk of judicial abrogation. Proposals for backup rights gained attention in the aftermath of the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which not only eliminated the constitutional right to abortion but called into question some other constitutional rights as well. Shortly after Dobbs, Congress enacted a limited statutory backup for same-sex marriage. States have created backup rights across a range of topics, some of which appeal mostly to those …

The Final Edit: Strategies For Legislative Success Of The Press Act And Strengthening The Protections Of Freedom Of The Press, Tess Theisen

Barry Law Review

No abstract provided.

Patient Privacy In The Digital Age: Reimagining Health Data Laws To Protect Patients’ Constitutional Rights, Adriana Almeida Mehtani

Barry Law Review

No abstract provided.

The Establishment Clause And The Ten Commandments Post-Lemon, Richard Kato

Northern Illinois University Law Review

Louisiana recently passed a law requiring that a display of the Ten Commandments be placed in all public school classrooms in the state. The law is currently facing an Establishment Clause challenge in the Fifth Circuit. This Comment argues that Louisiana’s Ten Commandments law does not violate the original public meaning of the Establishment Clause. The history of the Establishment Clause suggests that noncoercive support of religion was widely accepted before and up through the time of the First Amendment’s enactment. Following Kennedy v. Bremerton School District’s abandonment of the Lemon v. Kurtzman test, the Ten Commandments law must …

Fifty Ways To Leave Your Lover: Using State Constitutions To Escape The Dead Hand Of Article V, Meg Penrose

Faculty Scholarship

Thomas Jefferson believed that “the earth always belongs to the living generation.” His constitutional approach would empower twenty-first century Americans to decide twenty-first century problems regularly determined by the United States Supreme Court. Article V, the formal method for constitutional change, seemingly relegates these decisions to the Supreme Court because amending the federal Constitution is nearly impossible.

Unfortunately, our fixation on federal constitutional law often eclipses the power of state constitutional law. State constitutions balance our relatively static federal Constitution with responsive state governments. There is no need to debate what the Framers thought about modern issues when Americans can …

The Unitary Executive And The Federal Reserve, Lev Menand

Fordham Law Review

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 country’s central banking apparatus …

The Supreme Court, Regime Politics, And Federalism: From The New Deal To The Trump Era, J. Mitchell Pickerill, Lilly A. Pickerill

Northern Illinois University Law Review

In the 1990s, the conservative majority on the Rehnquist Court championed state sovereignty and autonomy in a series of cases some commentators dubbed a “federalism revolution.” The Supreme Court crafted constitutional doctrines under the Commerce Clause, Tenth and Eleventh Amendments, and Section Five of the Fourteenth Amendment that limited federal powers while protecting or bolstering state powers. The Court’s doctrines in those cases diverged from its approach to constitutional federalism since the New Deal in the 1930s, but it tracked with the conservative Republican political agenda promoting a “new federalism” going back to Presidents Nixon and Reagan. However, as the …

Beyond Skrmetti: A Constitutional Case For Gender-Affirming Care, Mateo-Luis A. Planas, Evan Gerstmann

Honors Thesis

In 2025, roughly 2.1 million adults in America identify as transgender, making up around 1% of the country’s total population. Despite this, the transgender identity has become a focus of political debates and made its way onto the U.S. Supreme Court’s docket in U.S. v. Skrmetti. The issue is not whether transgender people exist, but rather, how they ought to exist legally: if and when one can access medical care to pursue a gender transition. While many American doctors agree that these treatments are life-saving, since 2021, a slew of legislation has limited access for adults 18-21 (AMA, 2021). This …

A Thumb On The Scales: How The Court Creates Presumptions To Change The Law, John Leubsdorf

Northern Illinois University Law Review

In four major recent decisions, the Supreme Court deployed the same technique: it created a presumption in favor of the result it preferred and then concluded that the losing party could not rebut that presumption. This invocation of presumptions enabled the majority to reach the result it preferred, while maintaining the appearance of balance and leaving open the possibility of different rulings in future cases. The asserted grounds for erecting the Court’s presumptions-notably history and governmental structure-likewise combined the appearance of objectivity with the reality of choice. Judicial presumptions are not new, but the current Court deploys them on a …

Unconstitutional Cruelty, Michael R. Ulrich

William & Mary Law Review

Despite the long history of transgender people and transgender care, state legislatures suddenly rushed to pass a wave of bans on gender-affirming medical care for trans youth over a three-year period beginning in 2021—an alarming surge within a flurry of legal attacks on the transgender community. In analyzing the constitutionality of these bans, courts and scholars have focused their attention on how to characterize the nature of the rights implicated, and therefore the level of scrutiny warranted. This focus reacts to, and often follows, the current Supreme Court majority’s approach to questions about the rights of historically oppressed and marginalized …

Raising The Bar: Virginia Constitutional Interpretation Post-Vlaming, The Honorable Lisa M. Lorish, Alec Block, Amy Vanderveer

University of Richmond Law Review

Across the United States, dozens of state supreme courts choose to interpret their state constitutions as co-extensive, or in “lockstep” with analogous provisions of the Constitution of the United States. Yet since the Supreme Court overruled or changed its interpretation in a number of rights-based cases, state constitutions are receiving new attention. In Virginia, several years before Dobbs sparked this new focus, the Supreme Court of Virginia departed from the Supreme Court of the United States’ interpretation of its Free Exercise Clause analogue and adopted a new standard providing increased protection. In doing so, the Court signaled its willingness to …

Rethinking The Scope Of State Power: Territorial Jurisdiction, Popular Sovereignty, And Extraterritorial Legislation, Jeffrey Schmitt

William & Mary Law Review

The Supreme Court applies the territorial framework of international law to resolve disputes over the reach of state power. Under this framework, a state’s power is coterminous with its borders, such that a state’s regulatory power within its territory is limited only by federal law. The Court recently used this framework to overrule an obscure line of Dormant Commerce Clause cases that held that a state regulation of local conduct could have impermissible extraterritorial effects.

This Article argues that the territorial model of state power from international law does not account for the division of sovereignty within our federal system. …