Constitutional Law Commons^™

Perang Irak- Iran Mengancam Keamanan Pelayaran Kapal Negara Netral, Rusdi Malik, S.H.

Jurnal Hukum & Pembangunan

Abstract

Advokat Dan Penegakan Hukum Dalam Perspektif Peradilan Pidana, Luhut M.P. Pangaribuan, S.H.

Jurnal Hukum & Pembangunan

Abstract

Singh V. Dist. Ct. [State Of Nevada], 142 Nev. Adv. Op. 25 (Apr. 02, 2026), Eden Tesfay

Nevada Supreme Court Summaries

Under the neutral-principles exception to the ecclesiastical abstention doctrine, civil courts are permitted to adjudicate disputes involving religious organizations so long as the issues are determinable without resorting to religious doctrines, practices, or texts.

Article Iii's Constraints On The Legislative Power, Elizabeth Beske

Scholarly Articles in Law Reviews & Journals

Article III’s heightened concreteness standard for statutory harms takes federal judges deep into legislative terrain, jeopardizing statutory damage provisions and confining Congress to post hoc solutions rather than preemptive strikes. The Supreme Court has insisted that creating a cause of action is a legislative function. At the same time, its recent standing cases instruct lower federal courts to permit suit on statutory injuries only when they find actual harm that bears a tight connection to injuries recognized at common law. This new harm requirement rests uneasily with countless statutes featuring statutory damage provisions that are in place precisely because damages …

Interrogation Of Regents And Administrative Reliance Interests In The Context Of Vacillating Immigration Policy, Sarah Engelberg-Nolan

Fordham Law Review

Arbitrary and capricious review under the Administrative Procedure Act (APA) operates as an important agency-accountability tool when invoked as intended. But the recent U.S. Supreme Court case Department of Homeland Security v. Regents of the University of California and subsequent lower federal court cases have opened the floodgates to a more searching and potentially activist review. In Regents, the Court held that the administration of President Donald J. Trump could not rescind the discretionary immigration program Deferred Action for Childhood Arrivals (DACA) in the manner the U.S. Department of Homeland Security (DHS) attempted, in part because DHS failed to …

Fit To Be Tried By Jury, But Not To Be A Juror: The Dilemma Faced By “Adults” Under Age 21, Kenneth Bell

SLU Law Journal Online

This article, “A Time To Speak: A Lifer’s Assessment of the Sentence of Death by Imprisonment” appeared in the 2025 Special Edition of The Writer’s Block under the longer title, “A Time To Speak: A Lifer’s Assessment of the Sentence of Death by Imprisonment and the Application of Roper v. Simmons and Miller v. Alabama.”  It is a four part discussion of the nature and continued viability of the sentence of life without parole particularly the need to end the imposition of that sentence upon persons between the ages of eighteen and twenty-one, i.e., emerging adults. This shorter piece extends …

2025 Martin Luther King, Jr. Keynote Lecture, Madiba Dennie

Villanova Law Review (1956 - )

No abstract provided.

Press Freedom As A First Amendment Paradigm, Gregory P. Magarian

Villanova Law Review (1956 - )

No abstract provided.

The Press, Privacy, Expungement, And Second Chances: Shifting The Paradigm, Brian M. Murray

Villanova Law Review (1956 - )

No abstract provided.

Using State Sentencing Enhancements To Protect Journalists From Physical Assault, Anthony L. Fargo

Villanova Law Review (1956 - )

No abstract provided.

The View From The Bar: How Media Lawyers Perceive Their Work, Jonathan Peters, Skylar Bandoly

Villanova Law Review (1956 - )

No abstract provided.

A Damning Doctrine: State-Created Danger, Sierra Dotson

West Virginia Law Review

United States Supreme Court should take to promote uniformity in the correct interpretation of the doctrine and in applying the state-created danger exception.

The Living Architecture Of Law, Joseph R. Goodwin

West Virginia Law Review

No abstract provided.

How Many Supreme Court Justices Can Stand On The Point Of A Needle? Originalist Scholarship, Political Neutrality, And Other Constitutional Nonsense, Stephen M. Feldman

Washington and Lee Journal of Civil Rights and Social Justice

In the 1935 article, "Transcendental Nonsense and the Functional Approach," Felix Cohen compared formalist legal reasoning, as practiced by traditional legal scholars and Lochner-era Supreme Court justices, to the philosophical musings of scholastic theologians. Unconnected to empirical reality, formalist legal reasoning was as nonsensical as a disquisition on “‘[h]ow many angels can stand on the point of a needle?’” Nowadays, originalist scholars are similarly engaged in nonsense. These scholars defend, refine, and practice originalist methods of constitutional interpretation as if the Supreme Court justices truly decided cases in accordance with the theory. Regardless, the justices—even the avowed originalists—do not consistently …

Before The Last Breath: How Alabama’S Nitrogen Execution Adoption Created A Procedural Crisis On Death Row, Caroline E. Penfield

Washington and Lee Journal of Civil Rights and Social Justice

In 2024 and 2025, Alabama executed eleven people. During this time and in the years leading up to it, the State botched multiple lethal injections. Seeking an ostensibly constitutional way to continue carrying out executions, Alabama introduced death by nitrogen gas suffocation. The problems with lethal injection are not unique to Alabama, but Alabama was the first to adopt and use the novel nitrogen gas method, despite concerns from medical professionals, the public, and inmates themselves. Alabama put little to no protocol in place for inmates to exercise their statutory right to elect this method, leading to confusion and harm. …

Reel It In: Untangling The Circuit Split On The Constitutionality Of Geofence Warrants Under The Fourth Amendment, Kate P. Risser

Washington and Lee Journal of Civil Rights and Social Justice

This Note examines geofence warrants and their ongoing threat to constitutionally protected rights such as privacy, speech, and assembly. Part I will provide background information on geofence warrants and examine the prominent justifications for the use of the warrants. Part II will examine how law enforcement’s use of geofence warrants threatens citizens’ constitutionally protected fundamental rights like privacy and reproductive rights. Specifically, Part II addresses how geofence warrants disproportionately target and affect women, people of color, and low-income individuals. Part III will detail the history of the Fourth Amendment tracing its roots to before the Founding Era then exploring applicable …

Child Support Factory: Racist History, Harm, And Unconstitutionality Of The Child Support System's Contractual Operations, Daniel L. Hatcher

William & Mary Journal of Race, Gender, and Social Justice

Within America’s justice institutions, the child support system has become a business. The intended mission of aid has been traded and abdicated through contractual deals to churn vulnerable families into factory-like revenue operations. Juvenile and family courts across the country have partnered through countless intertwined interagency contracts with human service agencies, prosecutors, attorneys general’s offices, probation departments, and policing offices—all aimed at generating revenue from impoverished children and parents rather than serving their best interests. The resulting child support factory is vast, harmful, unconstitutional, unethical, and grew from a racist history that devastated Black families, and still operates with starkly …

The Ten Commandments, Stripped Of Slavery, Exodus & Jubilee, Christopher D. Hampson

Washington and Lee Law Review Online

The Ten Commandments are back on public classroom walls and in federal court, after several states passed new laws requiring school districts to post the text. As attorneys, judges, and amici debate whether First Amendment law has changed enough since Stone v. Graham in 1980 to allow the posting of the ancient religious text, this Essay comes at the situation from an entirely different angle. The precise text proposed by the states might be a good example of “ceremonial deism,” but it removes biblical law from biblical narrative – and, in doing so, unsets the Ten Commandments from their original …

Religious Minorities And Secular Rights, Joshua C. Mcdaniel

Washington and Lee Law Review

When religious claimants sue to protect their ability to practice their faith, they often invoke legal guarantees that specifically protect religious exercise. Yet historically—and still today—they also rely on secular guarantees like freedom of speech or equal protection. And their victories on these grounds set precedents not just for believers but for everyone. As a result, many rights we now take for granted stem from religious minorities pressing for the ability to preach, proselytize, and publish their religious views. No account of free speech law would be complete, for instance, without considering the pathbreaking decisions won by Jehovah’s Witnesses.

Although …

Constructive Falsity, Legal Truth, And The Public Interest In Not Reporting On Expunged Records, Itay Ravid

Villanova Law Review (1956 - )

No abstract provided.