Institutionalizing The Centers For Disease Control And Prevention's Independence,
2020
The University of Akron
Institutionalizing The Centers For Disease Control And Prevention's Independence, Dorit Rubinstein Reiss
ConLawNOW
The United States’ response to the COVID-19 pandemic was sub-optimal. One problem in it was the politicization of the public health response. One aspect of that politicization was aggressive political intervention in the Centers for Disease Control and Prevention (CDC) efforts to provide guidance and help pandemic response. The concern was strong enough that four previous CDC Directors, in an unusual step, published an op-ed calling out political intervention in the CDC. This article proposes two changes to strengthen the CDC’s institutional independence: codifying the CDC’s role in preventing diseases and reducing harms in a statute, and restructuring the agency …
The One Religious Question That Amy Coney Barrett Shouldn’T Have To Answer,
2020
Duquesne University
The One Religious Question That Amy Coney Barrett Shouldn’T Have To Answer, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
October 7, 2020: The One Religious Question Barrett Should Not Have To Answer,
2020
Duquesne University
October 7, 2020: The One Religious Question Barrett Should Not Have To Answer, Bruce Ledewitz
Hallowed Secularism
Blog post, “The One Religious Question Barrett Should Not Have to Answer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Law School News: Bright Anniversaries In Uncertain Times 10/06/2020,
2020
Roger Williams University School of Law
Law School News: Bright Anniversaries In Uncertain Times 10/06/2020, Nicole Dyszlewski, Louisa Fredey
Life of the Law School (1993- )
No abstract provided.
October 3, 2020: It Is Fitting That President Trump Contracted The Virus,
2020
Duquesne University
October 3, 2020: It Is Fitting That President Trump Contracted The Virus, Bruce Ledewitz
Hallowed Secularism
Blog post, “It Is Fitting that President Trump Contracted the Virus“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Hands-Off Religion In The Early Months Of Covid-19,
2020
Touro Law Center
Hands-Off Religion In The Early Months Of Covid-19, Samuel J. Levine
Scholarly Works
For decades, scholars have documented the United States Supreme Court’s “hands-off approach” to questions of religious practice and belief, pursuant to which the Court has repeatedly declared that judges are precluded from making decisions that require evaluating and determining the substance of religious doctrine. At the same time, many scholars have criticized this approach, for a variety of reasons. The early months of the COVID-19 outbreak brought these issues to the forefront, both directly, in disputes over limitations on religious gatherings due to the virus, and indirectly, as the Supreme Court decided important cases turning on religious doctrine. Taken together, …
Foreword,
2020
UC Law SF
Driver’S License Suspensions For Nonpayments: A Discriminatory And Counterproductive Policy,
2020
UC Law SF
Driver’S License Suspensions For Nonpayments: A Discriminatory And Counterproductive Policy, Melissa Toback Levin
UC Law Constitutional Quarterly
Driver’s license suspensions for nonpayments of traffic debt disproportionately harm people of color and are legally untenable. Across the country, at least seven million people have had their driver’s license suspended for traffic debt—nonpayments of traffic tickets and nonappearances in traffic court. As this article demonstrates, traffic debt suspensions force people to make an impossible choice: stop driving—and lose access to work, childcare, healthcare, food, and other basic necessities— or keep driving, and risk criminal charges, more unaffordable fines and fees, and even incarceration. License-for-payment laws ultimately create conditions that parallel modern-day debtor’s prisons and are vulnerable to several legal …
The Strict Scrutiny Of Black And Blaqueer Life,
2020
UC Law SF
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
UC Law Constitutional Quarterly
No abstract provided.
Exclusionary Zoning, School Segregation, And Housing Segregation: An Investigation Into A Modern Desegregation Case And Solutions To Housing Segregation, Sara Zeimer
UC Law Constitutional Quarterly
No abstract provided.
Furtive Blackness: On Blackness And Being,
2020
UC Law SF
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
UC Law Constitutional Quarterly
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
Death Of Dillon’S Rule: Local Autonomy To Control Land Use,
2020
Elisabeth Haub School of Law at Pace University
Death Of Dillon’S Rule: Local Autonomy To Control Land Use, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
In order for municipal governments to promote sustainable and green development, create safe densities and open spaces in response to the pandemic, protect lives and property in areas vulnerable to natural disasters, and to manage climate change, they must be able to influence the development and preservation of privately owned land. For them to control the negative impacts of oil and gas facilities, they must find power to regulate matters that are typically the prerogative of state agencies. To legalize emerging renewable energy technologies, they must have authority to make them permitted uses in their zoning ordinances, and to innovate …
The Fourth Amendment At Home,
2020
University of South Carolina School of Law
The Fourth Amendment At Home, Thomas P. Crocker
Indiana Law Journal
A refuge, a domain of personal privacy, and the seat of familial life, the home holds a special place in Fourth Amendment jurisprudence. Supreme Court opinions are replete with statements affirming the special status of the home. Fourth Amendment text places special emphasis on securing protections for the home in addition to persons, papers, and effects against unwarranted government intrusion. Beyond the Fourth Amendment, the home has a unique place within constitutional structure. The home receives privacy protections in addition to sheltering other constitutional values protected by the Due Process Clause and the First Amendment. For example, under the Due …
Gerrymandering & Justiciability: The Political Question Doctrine After Rucho V. Common Cause,
2020
New York University School of Law
Gerrymandering & Justiciability: The Political Question Doctrine After Rucho V. Common Cause, G. Michael Parsons
Indiana Law Journal
This Article deconstructs Rucho’s articulation and application of the political question doctrine and makes two contributions. First, the Article disentangles the political question doctrine from neighboring justiciability doctrines. The result is a set of substantive principles that should guide federal courts as they exercise a range of routine judicial functions—remedial, adjudicative, and interpretive. Rather than unrealistically attempting to draw crisp jurisdictional boundaries between exercises of “political” and “judicial” power, the political question doctrine should seek to moderate their inevitable (and frequent) clash. Standing doctrine should continue to guide courts in determining whether they have authority over a case involving a …
Masthead,
2020
UC Law SF
Black Lives Matter: Banning Police Lynchings,
2020
UC Law SF
Black Lives Matter: Banning Police Lynchings, Mitchell F. Crusto
UC Law Constitutional Quarterly
In the United States, police officers are granted a license to use lethal force and are subsequently exonerated from personal criminal liability for fatal killings, particularly when the victim is an African American. This Article advances the normative claim that the Court’s death penalty jurisprudence, including the “Cruel and Unusual Punishment” Clause of the Eighth Amendment, protects the victims of police homicides. Further, it contends that the police use of lethal force against African Americans constitutes “lynching”—a State-sponsored act of terror that supports systemic racism. Finally, it posits that the Constitution mandates that the police use of lethal force be …
Protections Against Tyranny: How Article V Should Guide Constitutional Interpretation,
2020
Indiana University Maurer School of Law
Protections Against Tyranny: How Article V Should Guide Constitutional Interpretation, Mary Strong
Indiana Law Journal
This Note seeks to explain what Article V means for the methods of constitutional change outside of the traditional Article V amendment process. Specifically, I argue that Article V was meant to limit the federal government from usurping power without first attaining the consent of the people. Because the Supreme Court is part of the federal government and is often considered a counter-majoritarian institution, the Court cannot extend the powers of the federal government through constitutional interpretation beyond the bounds allowed in the Constitution. Therefore, the only means to change the power structure of the federal government (the balance of …
Say The Magic Words: Establishing A Historically Informed Standard To Prevent Partisanship From Shielding Racial Gerrymanders From Federal Judicial Review,
2020
Washington and Lee University School of Law
Say The Magic Words: Establishing A Historically Informed Standard To Prevent Partisanship From Shielding Racial Gerrymanders From Federal Judicial Review, Emily K. Dalessio
Washington and Lee Law Review
In its 2019 decision in Rucho v. Common Cause, the Supreme Court closed the doors of the federal courts to litigants claiming a violation of their constitutional rights based on partisan gerrymandering. In Rucho, the Court held that partisan gerrymandering presents a political question that falls outside the jurisdiction of the federal courts. However, the Supreme Court did not address an insidious consequence of this ruling: namely, that map-drawers may use partisan rationales to obscure what is otherwise an unconstitutional racial gerrymander. This Note uses North Carolina as an example of a state with a long history of …
Federal Magistrate Court Of Appeals: Whether Magistrate Judge Disposition Of Section 2255 Motions Under Consent Jurisdiction Is Statutorily And Constitutionally Permissible,
2020
Washington and Lee University School of Law
Federal Magistrate Court Of Appeals: Whether Magistrate Judge Disposition Of Section 2255 Motions Under Consent Jurisdiction Is Statutorily And Constitutionally Permissible, Corey J. Hauser
Washington and Lee Law Review
For decades the Supreme Court has balanced the tension between judicial efficiency and adherence to our constitutional system of separation of powers. As more cases were filed in federal courts, Congress increased the responsibilities and power given to magistrate judges. The result is magistrate judges wielding as much power as district judges. With post-conviction relief under § 2255, magistrate judges take on a whole new role— appellate judge—reviewing and potentially overturning sentences imposed by district judges.
This practice raises two concerns. First, did Congress intend to statutorily give magistrate judges this power? The prevailing interpretation is that § 2255 motions …
Clark Memorandum: Fall 2020,
2020
Brigham Young University Law School
