Constitutional Law Commons^™

The Extent Of Constitutional Protection For Public Utilities, Sam Dallah

UAEU Law Journal

Regardless of the role of the State and the extent of its intervention, the public utilities, in its organic dimension connected with the public authority concept and the objective dimension connected with the concept of public activity, is considered one of the main tools by which the state exercises its sovereign functions and interventions.

Given the changes that have occurred in the role of the State, which led either to more intervention or more of its withdrawal from some sectors, and the subsequent crisis in the concept of public utilities, in addition to the emergence of mandate exercises or privatization …

February 10, 2021: The San Francisco School Board Was Wrong To Remove Washington And Lincoln--This Week's Column In The Capital-Star, Bruce Ledewitz

Hallowed Secularism

Blog post, “The San Francisco School Board Was Wrong to Remove Washington and Lincoln--this week's column in the Capital-Star“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The San Francisco School Board’S Vote Removing Lincoln’S, Washington's Names Was Wrong. Here's Why, Bruce Ledewitz

Newspaper Columns

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

A Venerable Bulwark: Reaffirming The Primacy Approach To Interpreting Maine's Free Exercise Clause, Joshua Dunlap

Maine Law Review

Does the Maine Constitution afford guarantees for individual rights that are independent of those afforded by the United States Constitution? As set forth in Part I, the answer to this question is “yes.” Because state constitutions are a “font of individual liberties,” the Law Court has adopted the primacy approach to interpreting the 200-year-old Maine Constitution. Under this approach, state courts must consider state constitutional claims before reaching any federal claims and must not give controlling weight to the interpretation given to the United States Constitution. This approach gives the state constitution the significance that it deserves as a consequential …

February 9, 2021: God And The Pandemic, Bruce Ledewitz

Hallowed Secularism

Blog post, “God and the Pandemic“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Constitutional Right Of The Individual In The Environment Between The Differences In Jurisprudence (Fiqh) And The Judiciary Orientations: First Section, Amira Badr

UAEU Law Journal

The individual and the environment are considered as an integrated unit that we cannot imagine the existence of one without the existence of the other, so the international community became more aware that the protection of the environment is necessary for its survival, that made both states and international organizations contribute efforts in order to develop their legislations to protect the environment from all forms of degradation, pollution and to ensure life in sound and stable environment; through development and concluding international agreements dealing with this issues.

With the existence of the individual rights in healthy environment appears in relevant …

Shikata Ga Nai: Statelessness And Sacrifice For Japanese-American Volunteers During The Second World War, Kenzo E. Okazaki

Swarthmore Undergraduate History Journal

Through a Philosophical analysis of the nature of Internment Camps as well as oral histories of veterans who volunteered to serve in the US military from the camps, this paper will argue that the internment of Japanese Americans during WWII was an event that the Supreme Court and surrounding legal discourse placed outside of legal jurisdiction. Those within the camps were thus condemned to a life lacking political qualification and juridical personhood. Faced with the dangers of this condition, interned Japanese Americans who served in the U.S. Army consciously laid claim to the American political community through the sacrifice of …

Is New York's Market-To-Market Act Unconstitutionally Retroactive?, Reuven S. Avi-Yonah, David Gamage, Darien Shanske, Kirk J. Stark

Articles

In this installment of Academic Perspectives on SALT, the authors argue that if New York’s proposed Billionaire Mark-to-Market Tax Act is enacted, it should be upheld against any constitutional challenge based on retroactivity.

The Constitution And Democracy In Troubled Times, John M. Greabe

Law Faculty Scholarship

Does textualism and originalism approach positively impact democracy?

February 5, 2021: New York Review Letter To The Editor Concerning Originalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “ New York Review Letter to the Editor Concerning Originalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Introduction – 2019 Constitutional Cases At The Supreme Court: Up Close And In Person, Sonia Lawrence

Articles & Book Chapters

From the vantage point of Summer 2020, 2019 seems almost a mirage. The conditions created across Canada by government and individual responses to COVID-19 were all but unimaginable when 2019 drew to a close, and the legal issues that preoccupy those interested in constitutional and public law now revolve around rapidly evolving rules and policies designed to protect public goods like health and health care. Questions of profound significance to constitutional lawyers, such as the location of limits on state powers, the appropriate roles and relative competencies of courts and governments, the place of state law in creating the good …

A Separation Of Powers Analysis Of Forum Non Conveniens’ Adequate Available Forum, Jason S. Palmer

St. John's Law Review

(Excerpt)

“Boehner snubs [White House], invites Netanyahu to address Congress.” These words, or words remarkably similar, headlined newspapers all around the United States on January 21, 2015. Without consulting President Obama, House Speaker John Boehner invited Israeli Prime Minister Benyamin Netanyahu to address a joint session of Congress in opposition to the White House’s overtures to Iran with respect to its nuclear program. Speaker Boehner extended the invitation in apparent response to President Obama’s State of the Union Address, in which he informed Congress that any further economic sanctions bill against Iran at that time would be detrimental to ongoing …

Can I Have Some Privacy?: A Look Into The Unfortunate Truth Of Pregnancy Tests Throughout Sports And The Negative Impact On Female Athletes, Hannah Rogers

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The District Of Columbia Circuit Finds Article Iii Standing Based On The Risk Of Future Identity Theft In In Re U.S. Office Of Personnel Management Data Security Breach Litigation, Briana L. Borgolini

Villanova Law Review (1956 - )

No abstract provided.

On American Demagoguery To National Security, Jennifer Brumfield

University of Cincinnati Law Review

No abstract provided.

The Establishment Clause: Its Original Public Meaning And What We Can Learn From The Plain Text, Carl H. Esbeck

Faculty Publications

Modern times in church-state relations began in 1947 with the Supreme Court’s decision in Everson v. Board of Education. The justices in both the majority and dissent said they were interpreting the Establishment Clause based on the intent of the founding generation. However, rather than looking to Congress’s lawmaking in the summer of 1789 that led to the First Amendment, the justices relied on the Virginia disestablishment from four years prior, as well as the efforts of just two statesmen, James Madison and Thomas Jefferson.

For the next half century, the High Court’s search was for events and prominent …

Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis A. Taniguchi

Department of Counseling Scholarship and Creative Works

Focusing on the United States, this paper examines the impact of military service for the cohort of individuals that have experienced the social factors that characterize emerging adulthood as a unique stage in the life course. We argue that military service, as a turning point, may act differently in contemporary times compared to findings from past research. This difference is driven by changes in military service, the draft versus volunteer military service, and the prevalence of emerging adulthood. As a background, we describe emerging adulthood, examine how emerging adulthood relates to crime and deviance, explore the impact of military life …

Goodridge V. Department Of Public Health, Same-Sex Marriage, And The Massachusetts Supreme Judicial Court As Critical Social Movement Ally, Carlo A. Pedrioli

Loyola of Los Angeles Law Review

“[I]t is circular reasoning, not analysis, to maintain that marriage must remain a heterosexual institution because that is what it historically has been.”

Thirteenth Amendment Litigation In The Immigration Detention Context, Jennifer Safstrom

Michigan Journal of Race and Law

This Article analyzes how the Thirteenth Amendment has been used to prevent forced labor practices in immigration detention. The Article assesses the effectiveness of Thirteenth Amendment litigation by dissecting cases where detainees have challenged the legality of labor requirements under the Trafficking Victims Protection Act. Given the expansion in immigration detention, the increasing privatization of detention, and the significant human rights implications of this issue, the arguments advanced in this Article are not only currently relevant but have the potential to shape ongoing dialogue on this subject.

Whose Rights Matter More—Police Privacy Or A Defendant’S Right To A Fair Trial?, Laurie L. Levenson

Loyola of Los Angeles Law Review

The function of the prosecutor under the federal Constitution is not to tack as many skins of victims as possible to the wall. His function is to vindicate the right of the people as expressed in the laws and give those accused of crime a fair trial.

– William O. Douglas