Constitutional Law Commons^™

Resolving Alj Removal Protections Problem Following Lucia, Spencer Davenport

University of Michigan Journal of Law Reform

When the Supreme Court decided Lucia v. SEC and held that administrative law judges (ALJs) are Officers under the Constitution, the Court opened a flood of constitutional issues around the status of ALJs and related government positions. One central issue relates to ALJs’ removal protections. ALJs currently have two layers of protection between them and the President. In an earlier Supreme Court decision, the Court held that two layers of tenure protection between an “Officer of the United States” and the President was unconstitutional as it deprived the President the power to hold his officers accountable. As impartial adjudicators, ALJs …

Big M’S Forgotten Legacy Of Freedom, Jamie Cameron

Articles & Book Chapters

Part of a collection of papers on section 2’s “forgotten freedoms” (forthcoming (2020), 100 S.C.L.R.(2d)), “Big M’s Forgotten Legacy of Freedom” returns to the Supreme Court of Canada’s foundational concept of freedom as the absence of coercion or constraint. That early and important legacy of freedom under the Charter failed to inspire and influence the evolution of section 2, especially section 2(b)’s guarantee of expressive freedom and section 2(d)’s guarantee of associational freedom. This paper both claims and demonstrates that section 2’s fundamental freedoms have been less meaningful as a result. In doing so, it places emphasis on …

What Does It Take? The Informal Factors That Are Conducive To The Passage Of A Participatory Amendment, Connor Huydic

Honors Scholar Theses

Hundreds of Constitutional revisions are proposed in our national legislature every year, yet only twenty-seven have been ratified as amendments in the 243-year history of the United States. The Constitution outlines the formal factors required to ratify an amendment, but this paper will focus on the informal factors that are integral to the eventual passage of a participatory amendment. Through case studies of the Nineteenth and Twenty-Sixth Amendments, this thesis examines the factors that contributed to the ratification of these amendments to find similarities in the circumstances that helped propel these bills to eventual adoption as amendments. Non-radical social movements, …

Issuance Of The Keystone Xl Permit: Presidential Prerogative Or Presidential “Chutzpah”, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

This article uses President Trump's issuance of the Keystone XL Pipeline permit to illustrate the dangers of an imperial presidency, one in which the exercise of discretionary authority, based on neither the text of Article II of the Constitution nor a statute, will in all likelihood be unchecked by Congress, the courts, or popular opinion. To understand the dimensions of this concern, Part I of this article briefly describes the process and requirements for a presidential permit. Part II identifies key facts surrounding issuance of the Keystone XL Pipeline permit, the chronology of its issuance, and commonly given reasons supporting …

Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, Hillel Y. Levin

William & Mary Law Review

Measles and other vaccine-preventable childhood diseases are making a comeback, as a growing number of parents are electing not to vaccinate their children. May private schools refuse admission to these students? This deceptively simple question raises complex issues of First Amendment law and statutory interpretation, and it also has implications for other current hot-button issues in constitutional law, including whether private schools may discriminate against LGBTQ students. This Article is the first to address the issue of private schools’ rights to exclude unvaccinated children. It finds that the answer is “it depends.” It also offers a model law that states …

The Right To A Well-Rested Jury, Caroline Howe

Michigan Law Review

The vast amount of control that state trial judges exercise over the dynamics of their courtrooms is well established. The length of trial days and jury deliberations, however, has received little scholarly attention. Longstanding research has conclusively established the disruptive effects of sleep deprivation on many of the mental facilities necessary for juries to competently fulfill their duties. By depriving juries of sleep, trial judges may be compromising the fair rights of criminal defendants for the sake of efficiency. This Note argues that trial judges must use their discretion to ensure juries are well-rested, keeping jurors’ needs in mind. Further, …

Fixing America's Founding, Maeve Glass

Michigan Law Review

Review of Jonathan Gienapp's The Second Creation: Fixing the American Constitution in the Founding Era.

Translating The Constitution, Jack M. Balkin

Michigan Law Review

Review of Lawrence Lessig's Fidelity and Constraint: How the Supreme Court Has Read the American Constitution.

Coin, Currency, And Constitution: Reconsidering The National Bank Precedent, David S. Schwartz

Michigan Law Review

Review of Eric Lomazoff's Reconstructing the National Bank Controversy: Politics and Law in the Early American Republic.

Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, Hillel Y. Levin

Scholarly Works

Measles and other vaccine-preventable childhood diseases are making a comeback, as a growing number of parents are electing not to vaccinate their children. May private schools refuse admission to these students? This deceptively simple question raises complex issues of First Amendment law and statutory interpretation, and it also has implications for other current hot-button issues in constitutional law, including whether private schools may discriminate against LGBTQ students. This Article is the first to address the issue of private schools’ rights to exclude unvaccinated children. It finds that the answer is “it depends.” It also offers a model law that states …

If A Fetus Is A Person, It Should Get Child Support, Due Process, And Citizenship, Carliss N. Chatman

Washington and Lee Law Review Online

This Article was originally published in The Washington Post on May 17, 2019. It has been edited and updated prior to its publication in the Washington and Lee Law Review.

Alabama has joined the growing number of states determined to overturn Roe v. Wade by banning abortion from conception forward. The Alabama Human Life Protection Act subjects a doctor who performs an abortion to as many as ninety-nine years in prison. The law has no exceptions for rape or incest. It redefines an “unborn child, child or person” as “[a] human being, specifically including an unborn child in utero …

Personhood: Law, Common Sense, And Humane Opportunities, Helen M. Alvaré

Washington and Lee Law Review Online

It is pointless to approach Professor Chatman’s argument on its own terms (to wit, “tak[ing] our laws seriously,” or equal application across myriad legal categories of “full personhood” rights) because these terms are neither seriously intended nor legally comprehensible. Instead, her essay is intended to create the impression that legally protecting unborn human lives against abortion opens up a Pandora’s box of legal complications so “ridiculous” and “far-fetched” that we should rather just leave things where they are under the federal Constitution post-Roe v. Wade and Planned Parenthood v. Casey. This impression, in turn, is a tool to …

Under Ten Eyes, Anthony Michael Kreis

Washington and Lee Law Review Online

Carliss Chatman’s If a Fetus Is a Person, It Should Get Child Support, Due Process and Citizenship brilliantly captures the moment America is in, where abortion rights hang in the balance as state legislators, like those in Alabama, Georgia, Ohio, and elsewhere clamor to embrace fetal personhood. But, as Professor Chatman illustrates, legislators have expressed no interest in the full logical extent of this policy or the rights that should attach to a fetus if their measures ultimately become effective. The article incisively demonstrates how fetal personhood is singularly focused on ending abortion in the United States and is gaining …

Indonesian Democracy And Political Parties After Twenty Years Of Reformation: A Contextual Analysis, Muhammad Bahrul Ulum

Indonesia Law Review

This paper traces the trajectory of Indonesian democracy that has developed in the last twenty years, specifically regarding the extent to which its continuities and changes have been consistent with the rationale for reformation. It enquires whether the current democracy has been transformed based on liberal constitutionalism or the new democracy has restored the integralist ideal. In recent years, the mass protests that increasingly color Indonesian politics have become a critical response to a failing system. This analysis asserts that the lack of functioning political parties in Indonesia and the breakdown of Indonesian democracy as a result of integralism ignores …

Peliputan Secara Langsung Persidangan Perkara Pidana Oleh Media Televisi Dihubungkan Dengan Asas Pemeriksaan Di Pengadilan Terbuka Untuk Umum Dalam Rangka Pembaharuan Hukum Acara Pidana, Merti Ardilla, Elis Rusmiati, Ijud Tajudin

Jurnal Hukum & Pembangunan

In the practice of judiciary in Indonesia, the phenomenon of direct trial of cases of punishment by the press appeared and then broadcast live through television media, this could occur in a situation as a trial announced for the public. This practice has a negative impact, among others, will refute the principle of the presumption of innocence and have an impact on the evidence at the trial. This study aims to find out and analyze the provisions regarding the coverage of trials in court by disputes with the public interest and the principle of examination at the trial open to …

Pengembangan Kapasitas Usaha Kecil Menengah Dalam Memanfaatkan Sistem Hak Kekayaan Intelektual Bagi Peningkatan Daya Saing Usaha, Ranggalawe Suryasaladin

Jurnal Hukum & Pembangunan

As a main contributor to Indonesia GDP, Small and Medium Enterprises should be assisted by Goverment and University in order to expand its capacity in managing their intangible assets and intellectual property. The efforts in giving guidance to SMEs in managing its IP and take a benefit of IP systems could be on the mapping of problems faced by SMEs in managing its IP and addressing a better policy recommendation suitable to solves it problems. This article streghtening the arguments that to enhance Indonesia SME capacities in managing its IP , the government institutions and university have to coopertate in …

Pelaksanaan E-Court Menurut Perma Nomor 3 Tahun 2018 Tentang Administrasi Perkara Di Pengadilan Secara Elektronik Dan E-Litigation Menurut Perma Nomor 1 Tahun 2019 Tentang Administrasi Perkara Dan Persidangan Di Pengadilan Secara Elektronik (Studi Di Pengadilan Negeri Di Indonesia), Sonyendah Retnaningsih, Disriani Latifah Soroinda Nasution, Rouli Anita Velentina, Kelly Manthovani

Jurnal Hukum & Pembangunan

The process of resolving cases at a trial is not always carried out conventionally ie the parties come directly to the trial but can be done online. This is marked by the launch of the e-court application on July 13, 2018. With the launch of the e-court application, the Supreme Court has moved towards electronic justice which will fundamentally change the practice of litigation services in the courts. Since the issuance of Supreme Court Regulation No. 1 of 2019 concerning Administrative of Cases and Trials in Electronic Courts on August 19, 2019, the Supreme Court Regulation No. 3 of 2018 …

Analyses Of Prosecutorial Power And Discretion In Mississippi: Evaluating Proposals To Address Misconduct And Abuse, Lucy Pruitt

Honors Theses

This thesis seeks to create a policy proposal in order to address incidences of prosecutorial misconduct and abuse of discretion in the Mississippi criminal justice system. To do so, the author has summarized and analyzed seven criminal cases in which defendants have become victims of prosecutorial misconduct in order to shed light on the lack of prosecutorial accountability in the state’s criminal justice system. In an attempt to solve the problem, the author has developed a novel grading rubric in order to objectively and systematically analyze and evaluate previously proposed policy recommendations by legal experts and justice organizations. The successes …

On Proposal To Regulate Abuse Of Superior Bargaining Position: Lessons From Other Jurisdictions, Meirani Suyawan, Kurnia Togar Pandapotan Tanjung

Jurnal Hukum & Pembangunan

The latest version of the draft bill regarding Law on the Prohibition of Monopolistic Practices and Unfair Business Competition has added new arrangements about the abuse of a superior bargaining position. The new law proposal which is intended to amend existing Indonesian competition law (Law Number 5 Year 1999) stipulates that any business actor is prohibited from abuse its superior bargaining position within a partnership agreement with other less dominant entities. Under Law Number 20 Year 2008 on Micro, Small and Medium Enterprises, a partnership agreement means any agreement made between micro, small and medium enterprises and large enterprises like …

Urgensi Revisi Undang-Undang Nomor 6 Tahun 2014 Tentang Desa Perihal Pembangunan Desa, Dian Herdiana

Jurnal Hukum & Pembangunan

The enactment of Law Number 6 of 2014 on Villages brings optimism to the creation of village development that is able to realize village autonomy. But in practice, the Village Law has not been able to realize the development goals. On this basis, this article is intended to examine village development from the perspective of the substance of the Village Law. The method used in this study is a juridical-normative method with a descriptive approach. The results of the study show that the substance of the Village Law does not give full authority to the villages in local-participatory development, even …