Constitutional Law Commons^™

People's Movements As A Strand Of Popular Constitutionalism: Driving Forces, Distinctive Features, And Dilemmas, Binendri Perera

Washington International Law Journal

Constitutional democracies claim themselves to be constructed upon the will of the people. As the agency gap between the rulers and the ruled widens, people are increasingly more frustrated and compelled to actively take a stand. Advances of technology and social mobilization give increasing opportunities for the people to directly express their will and call for accountability from their representatives. Against this backdrop, this paper engages in a comparative analysis of people’s movements that happened and are continuing to take place in South Korea, Sri Lanka, Venezuela and Algeria. Based on the analysis, the paper maps out the common weaknesses …

Murphy V. Ncaa: Why States In Need Of Revenue Should Challenge The Constitutionality Of 15 U.S.C. § 381, Owen Walsh

University of Cincinnati Law Review

No abstract provided.

Governmental Public Health Powers During The Covid-19 Pandemic: Stay-At-Home Orders, Business Closures, And Travel Restrictions, Lawrence O. Gostin, Lindsay F. Wiley

Georgetown Law Faculty Publications and Other Works

The president and all 50 governors have declared health emergencies to combat the spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which causes coronavirus disease 2019 (COVID-19). While researchers race for vaccines, officials are implementing physical distancing, including orders to stay at home, restrict travel, and close non-essential businesses. To limit cross-border spread, a few states have issued mandatory quarantines for interstate travelers. Models suggest physical distancing would have to persist for 3 months to mitigate peak impacts on health systems and could continue on an intermittent basis for 12-18 months. What legal powers do governments have? What is …

Analysis Of Normative Legal Acts Determining The Legal Status Of Investment Funds, A. Jumagulov

Review of law sciences

This article analyzes the stages of development of legislation defining the legal status and activity of investment funds in Uzbekistan, their classification, formation and development of legal definitions given to investment funds. Also in the article, before the adoption of a special law on investment funds, legal definitions given to investment funds in the securities market laws, as well as changes in them, were studied. The achievements and shortcomings of the current law were analyzed and compared with the laws of Kazakhstan and the Russian Federation in this regard.

Yuridik Ta’Lim: Bugungi Holat, Muammolar Va Innovatsion Rivojlanish Istiqbollari, H. Hakimov.

Review of law sciences

No abstract provided.

Conflict Of Interests In Public Civil Service And Its Legal Nature, F. Makhmudov

Review of law sciences

This article analyzes the theoretical and legal nature of public civil service, concept of conflict of interests and its legal nature as well as preventing corruption and conflict of interest in public civil service. In addition, conflicts of interest and the reasons for their occurrence have been discussed within international and national legislation. There are some proposals and recommendations for improving the elimination of conflict of interests in the public civil service based on the content of international and national legislation.

The Role Of Religious Organizations In The System Of Institutes Of Civil Society, F. Rashidov

Review of law sciences

This article discusses the concepts of religion and religious organizations, the role of religious organizations as an institution of civil society in maintaining peace and stability in the context of globalization, their relationship with other organizations, their attitude to religion in a secular state, and the work in the field of Islamic education carried out in The Republic of Uzbekistan also draws attention to existing problems in the field of freedom of religion and conscience, and their solutions

Broad Participation Of Deputies And The Public In The Development Of Laws And Supervision Of The Implementation Of Laws In Our Country, Sh. Zulfikorov

Review of law sciences

This article describes the role of parliamentarians in the development of laws, the participation of expert groups in the development of draft laws, active public participation in the discussion of legislation, the activities of parliamentarians on the implementation of legislation, the experience of foreign countries in this area, suggestions and recommendations for improving legislation.

What Went Wrong With Economics?: Milton Friedman, Alexander Meiklejon, And The Reorientation Of Freedom, Aria Mia Loberti

Senior Honors Projects

Economics went wrong in the midst of the Cold War, specifically the time of the terror of communism in the 1950s. It went wrong in Chicago economics in particular—exacerbated by a reorientation in how to understand and conceptualize freedom. Milton Friedman’s Capitalism and Freedom trumpets the virtues of economic freedom, or the freedom of choice within the competitive market. It represents the Chicago neoliberal position. In contrast, the luminary Alexander Meiklejohn advocates a radically different conception of freedom, and his ideas echo the voices pre-1950 Chicago economics. Meiklejohn promotes political freedom over economic freedom: championing absolute protection for free speech, …

Expanding The Regulation Of Online Speech Through The Commerce Clause To Reduce Cyber Harassment, Katherine Parker

UC Law Constitutional Quarterly

This Note focuses on one potential solution for harassment many women face online: federal regulation of cyber-threats and cyber harassment. It argues that speech used online to harass and intimidate women may be regulated because the speech is not protected under the First Amendment and because the mode of communication—the Internet—is a regulatable instrumentality of commerce. Thus, this Note posits that online harassment can and should be regulated through the Commerce Clause to ensure that women can enjoy use of the internet without cyber-threats and cyber harassment.

The Twenty-First Century Poll Tax, Ryan A. Partelow

UC Law Constitutional Quarterly

Although disenfranchising voters over outstanding legal financial obligations (“LFOs”) is widely criticized, no court has yet been persuaded to strike down these laws. The practice continues to disenfranchise people based on wealth, and disproportionately affects the voting rights of people of color due to inherent racial disparities in socioeconomic status and the American criminal justice system. Although the concept of felon disenfranchisement itself has been affirmatively upheld by the U.S. Supreme Court, this Article argues that disenfranchisement for outstanding LFOs is more akin to the poll tax jurisprudence than to the felon-voting cases.

This Article aims to add to a …

Toward Tax Reform That Mirrors Our Better Selves Book Review: Anthony C. Infanti, Our Selfish Tax Laws (2018), Leo P. Martinez

UC Law Constitutional Quarterly

Professor Infanti does everyone a service by using comparative law principles to inform the tax policy debate. The lack of discipline overlap—tax law and constitutional law come easily to mind—only worsens the scarcity of scholarship that examines the Code in nuanced and constructive ways.

In his book, Tony Infanti uses comparative law principles to show how effective it can be to look at tax law in a different light Professor Infanti has chosen two separate areas as his vehicles for comparative illustration and examination of the selfishness of tax law: (1) U.S. housing policy and (2) the concept of the …

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …

Masthead

UC Law Constitutional Quarterly

No abstract provided.

On Target? Assessing Gun Sanctuary Ordinances That Conflict With State Law, Sheila Simon

West Virginia Law Review

No abstract provided.

Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk

Northwestern Journal of Law & Social Policy

Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …

¿“La Familia Diversa”?: Una Investigación En Constructos De Familias En Ecuador En El Siglo Xxi, Julia Cornick

Independent Study Project (ISP) Collection

En este ensayo, exploro la constitución ecuatoriana de 2008, específicamente el artículo 67 que reconoce y protege “la familia diversa”. Este artículo supuestamente reconoce “la familia en sus diversos tipos”. Pero, otras partes de la constitución y las acciones del gobierno niegan el artículo en muchas maneras. A pesar de las promesas rotas y palabrerías de la constitución, individuos y grupos en comunidades LGBTI en Ecuador existen afuera de la constitución cuando construyen “familias alternativas”. A través de formas de familias alternativas, los ecuatorianos pueden hacer familias alternativas y significado afuera de la constitución, y voy a investigar las implicaciones …

Corporate Social Responsibility, Casino Capitalism, And The Constitution Of Macau, Jason Buhi

Faculty Scholarship

No abstract provided.

Evolving Standards Of Decency: A View Of 8th Amendment Jurisprudence And The Death Penalty, Jared Lockhart, Madeline Hill

Brigham Young University Prelaw Review

In July 1997, Kenneth Foster was indicted on capital murder charges

and sentenced to death even though he had only committed robbery.

3 On August 14, 1996, Kenneth Foster and his friends, Mauriceo

Brown, DeWayne Dillard, and Julius Steen, rented a car and

drove to downtown San Antonio, Texas. Later that night, Brown

suggested that the men rob a few people in order to make up for the

money they had lost while partying. After their second robbery that

evening, Foster did not want to continue breaking the law, according

to Dillard’s courtroom testimony four years later. Dismissing

his request, …

Indigent Defense In West Virginia: A Historical Look At Public Defender Services, Ralph E. Mckinney Jr., Casey W. Baker J.D.

West Virginia Law Review

No abstract provided.