Cooley’S Constitutional Limitations And Constitutional Originalism,
2020
Texas A&M University School of Law
Cooley’S Constitutional Limitations And Constitutional Originalism, Lawrence B. Solum
Faculty Scholarship
Thomas Cooley’s A Treatise on The Constitutional Limitations Which Rest upon the Legislative Power of the States of the American Union was the most influential treatise of constitutional law in the second half of the nineteenth century. This Essay explores the ideas expressed in Cooley’s treatise in light of contemporary originalist constitutional theory. In many ways, Constitutional Limitations anticipated some of the key moves made by contemporary public meaning originalists, including the interpretation-construction distinction and the idea that ordinary meaning, and not technical meaning, is the baseline for constitutional interpretation.
Cyberattacks And The Constitution,
2020
Columbia Law School
Cyberattacks And The Constitution, Matthew C. Waxman
Faculty Scholarship
Contrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers – and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations.
Covid-19 And Prisoners’ Rights,
2020
Columbia Law School
Covid-19 And Prisoners’ Rights, Gregory Bernstein, Stephanie Guzman, Maggie Hadley, Rosalyn M. Huff, Alison Hung, Anita N.H. Yandle, Alexis Hoag, Bernard E. Harcourt
Faculty Scholarship
As COVID-19 continues to spread rapidly across the country, the crowded and unsanitary conditions in prisons, jails, juvenile detention, and immigration detention centers leave incarcerated individuals especially vulnerable. This chapter will discuss potential avenues for detained persons and their lawyers seeking to use the legal system to obtain relief, including potential release, during this extraordinary, unprecedented crisis.
Beholding Law: Amadeo On The Argentine Constitution,
2020
Columbia Law School
Beholding Law: Amadeo On The Argentine Constitution, Christina D. Ponsa-Kraus, Erin F. Delaney
Faculty Scholarship
This essay introduces an online edition of Santos P. Amadeo’s Argentine Constitutional Law to be published by the Academia Puertorriqueña de Jurisprudencia y Legislación. Tracing the book to its origins in a paper Amadeo wrote for a seminar in comparative constitutional law at Columbia Law School in the 1930s, we discuss the intellectual context that gave rise to the book and assess its author’s methodological choices. We then examine one particular substantive choice: Whereas the paper specifically draws attention to the importance of understanding every form of political subdivision in a federalist system – identifying Argentina’s as the provinces, the …
The Law And Policy Of Child Maltreatment,
2020
University of Michigan Law School
The Law And Policy Of Child Maltreatment, Frank Vandervort
Book Chapters
Each year in the United States some four million children are reported to child protective services and hundreds of thousands of children are confirmed victims of maltreatment. This chapter provides a brief overview of the civil and criminal law’s response to child abuse and neglect. It summarizes the major federal statutes that provide funding to the states to support both civil and criminal law responses to maltreatment. It discusses the division of responsible for responding to child maltreatment between the federal and state governments (federalism). It also provides a summary of the constitutional framework for handling both civil and criminal …
Remorse, Not Race: Essence Of Parole Release?,
2020
Touro Law Center
Remorse, Not Race: Essence Of Parole Release?, Lovashni Khalikaprasad
Journal of Race, Gender, and Equality
No abstract provided.
From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification,
2020
Touro Law Center
From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji
Journal of Race, Gender, and Equality
No abstract provided.
Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History,
2020
Touro Law Center
Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History, Kirandeep Kaur
Journal of Race, Gender, and Equality
No abstract provided.
As Pertains To The Criminal Justice System, Is Hindsight 20/20?,
2020
Touro Law Center
As Pertains To The Criminal Justice System, Is Hindsight 20/20?, Syndie G. E. Molina, Cristina Negrillo
Journal of Race, Gender, and Equality
No abstract provided.
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem,
2020
Touro Law Center
The Inconvenience Of Justice: How Unmitigated Official Misconduct Almost Destroyed The Lives Of Five Young Boys From Harlem, Stefania Bordone, David Wright
Journal of Race, Gender, and Equality
No abstract provided.
The Contributions Of William Funk To American Constitutional Law Scholarship,
2020
Brooklyn Law School
The Contributions Of William Funk To American Constitutional Law Scholarship, William Araiza
Faculty Scholarship
No abstract provided.
So Goes The Nation: The Constitution, The Compact, And What The American West Can Tell Us About How We'll Choose The President In 2020 And Beyond,
2020
Brooklyn Law School
So Goes The Nation: The Constitution, The Compact, And What The American West Can Tell Us About How We'll Choose The President In 2020 And Beyond, Wilfred Codrington Iii
Faculty Scholarship
No abstract provided.
Against Fiduciary Constitutionalism,
2020
Notre Dame Law School
Against Fiduciary Constitutionalism, Samuel L. Bray, Paul B. Miller
Journal Articles
A growing body of scholarship draws connections between fiduciary law and the Constitution. In much of this literature, the Constitution is described as a fiduciary instrument that establishes fiduciary duties, not least for the President of the United States. This Article examines and critiques the claims of fiduciary constitutionalism. Although a range of arguments are made in this literature, there are common failings. Some of these involve a literalistic misreading of the works of leading political philosophers (e.g., Plato and Locke). Other failings involve fiduciary law—mistakes about how to identify fiduciary relationships, about the content and enforcement of fiduciary duties, …
The International Law Origins Of American Federalism,
2020
Notre Dame Law School
The International Law Origins Of American Federalism, Anthony J. Bellia Jr., Bradford R. Clark
Journal Articles
Courts and commentators have long struggled to reconcile prominent federalism doctrines with the text of the Constitution. These doctrines include state sovereign immunity, the anticommandeering doctrine, and the equal sovereignty of the States. Supporters of such doctrines have generally relied on the history, structure, and purpose of the Constitution rather than its text. Critics have charged that the doctrines lack adequate support in the Constitution's text and are the product of improper judicial activism. This Article suggests a way to reconcile federalism and textualism by looking to a surprising source-international law. The Constitution contains numerous references to "States," and the …
Religious Freedom And The Churches: Contemporary Challenges In The United States Today,
2020
Notre Dame Law School
Religious Freedom And The Churches: Contemporary Challenges In The United States Today, Richard W. Garnett
Journal Articles
A crucial, but often overlooked, dimension of the human and constitutional right to religious freedom is the autonomy of religious institutions, associations and societies with respect to matters of governance, doctrine, formation and membership. Although the Supreme Court of the United States has affirmed this autonomy in the context of American constitutional law, it is vulnerable, and even under threat, for a variety of reasons, including a general decline in the health of civil society and mediating associations and a crisis of confidence and authority caused by clerical sexual abuse and churches’ failure to respond to it.
Of Constitutional Commissions And Expert-Led Interpretation During Processes Of Constitutional Change,
2020
Singapore Management University
Of Constitutional Commissions And Expert-Led Interpretation During Processes Of Constitutional Change, De Maartje Visser
Research Collection Yong Pung How School Of Law
In an 1816 letter, Thomas Jefferson expressed himself in favour of including a provision in the constitution that would prescribe its regular upkeep. “[E]ach generation”, the Founding Father wrote, ought to be able to revise the constitu- tion “every nineteen or twenty years”, so it could “be handed on, with periodical repairs, from generation to generation, to the end of time.” As we know, his advice was not heeded: the U.S. Constitution is notoriously difficult to change, with the longest interval between two amendments running to slightly more than six decades. Closer to home, the Singapore Constitution similarly does not …
Model Pembentukan Peraturan Daerah Yang Ideal Dalam Penyelenggaraan Otonomi Daerah,
2019
Faculty of Law Universitas Gorontalo
Model Pembentukan Peraturan Daerah Yang Ideal Dalam Penyelenggaraan Otonomi Daerah, Marten Bunga
Jurnal Hukum & Pembangunan
This study aims to analyze the model formation of regional regulations in the implementation of regional autonomy. This research method used is included in the type of normative legal research that uses secondary data obtained from library materials in the form of primary legal material. The results of the study indicate that regional regulations in the implementation of regional autonomy are a policy instrument in the implementation of the regional government. Establishment of regional regulations that are in accordance with the interests of the community must implement the principles of regional autonomy and the content of regional regulations must not …
Polemik Jangka Waktu Pengajuan Gugatan Ke Pengadilan Tata Usaha Negara,
2019
Faculty of Law Universitas Indonesia
Polemik Jangka Waktu Pengajuan Gugatan Ke Pengadilan Tata Usaha Negara, Renius Albert Marvin, Anna Erliyana Prof.
Jurnal Hukum & Pembangunan
The period of 90 (ninety) days to file a claim in the Administrative Court (PTUN) plays an important role because if the period is passed, the Administrative Decision (KTUN) can not be claimed even if the KTUN contains defects. The basic principle of regulation the period for filing a claim to the Administrative Court is determined explicitly in Article 55 of the Law of Administrative Courts, which is 90 (ninety) days after the KTUN is received or announced which can be applied in several variables that prove the opportunity for everyone can take legal action if the Administrative Decision issued …
Ketetapan Mpr Dalam Tata Urutan Peraturan Perundang-Undangan Di Indonesia,
2019
Faculty of Law Universitas Indonesia
Ketetapan Mpr Dalam Tata Urutan Peraturan Perundang-Undangan Di Indonesia, Nisrina Irbah Sati
Jurnal Hukum & Pembangunan
As a result of deliberation and representation based democracy in Indonesia, the UUD 1945 before the amendment presented MPR as the highest state institution that absorbed people's sovereignty, so it gained legitimacy to be a superordinate of state institutions in various branches of power. The MPR’s position as the highest state institution was also accompanied by a legislative function, in which the MPR was able to make its legal product known as Tap MPR. The change in the position of the MPR, which was no longer the highest institution of the state in the constitutional structure since the enactment of …
Dewan Perwakilan Rakyat Dan Majelis Permusyawaratan Rakyat Dalam Proses Impeachment Presiden Abdurrahman Wahid,
2019
Faculty of Law Universitas Indonesia
Dewan Perwakilan Rakyat Dan Majelis Permusyawaratan Rakyat Dalam Proses Impeachment Presiden Abdurrahman Wahid, Kukuh Bergas
Jurnal Hukum & Pembangunan
As a country that uses presidential systems, Indonesia realizes that the role of the president as an executive is powerful. Therefore it is necessary to establish legal rules or supervisory institutions as a counterweight to avoid abuse of authority. The DPR and MPR are legislative institutions whose task is to oversee the performance of the president. If a suspected violation is found, the DPR may submit a proposal for the dismissal of the president. Indonesia's 4th President experienced this case, K. H. Abdurrahman Wahid is also known as Gus Dur, because he was considered to have committed a violation which …
