Constitutional Law Commons^™

Issues On Enhancing The Mechanisms Of Providing The Execution Of Law Documents By State Bodies, Z. Turabaeva

Review of law sciences

The article analyzes issues of improvement of the implementation of legislative acts, including the issues of enforcement of adopted laws and their implementation, broad introduction of modern ICT into this process and the development of functions of the analysis, predictions, evaluation and increasing the quality of decision taking of management bodies.

Constitutional And Legal Basis Of Relations Between The Parliament And The Government Of The Republic Of Uzbekistan, X. Turdiev

Review of law sciences

This article highlights and analyzes the main legislative acts which regulates the interaction of parliament and government in the Republic of Uzbekistan.

Theoretical-Legal Basis Of The Object Of The Constitutional Court, M. Abdullaeva

Review of law sciences

In this article, a scientific-theoretical analysis of the concept of object of constitutional justice is carried out. Moreover, in the research proposals and recommendations on improving this area are listed.

Issues On Enhancing The Mechanisms Of Providing The Execution Of Law Documents By State Bodies, Z. Turabaeva

Review of law sciences

The article analyzes issues of improvement of the implementation of legislative acts, including the issues of enforcement of adopted laws and their implementation, broad introduction of modern ICT into this process and the development of functions of the analysis, predictions, evaluation and increasing the quality of decision taking of management bodies.

September 27, 2018: Abortion And Climate Change, Bruce Ledewitz

Hallowed Secularism

Blog post, “Abortion and Climate Change“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

They Try: How The Supreme Court Has Addressed Issues Of Racial And Gender Discrimination In The Jury Selection Process, Jana C. Kelnhofer

Scholarly Undergraduate Research Journal at Clark (SURJ)

The rise of publicized police brutality cases (but not the rise in number of cases themselves) has resulted in an increase of public scrutiny of the court process. More often than not, police officers are found not guilty by a jury of their peers, only for the public to later find out that the jury was composed almost entirely of whites. How did this process start? How does it persist? Has the legal system attempted to address this problem, and discrimination in the jury selection process in general? By examining past Supreme Court decisions, this review explores the ways that …

September 26, 2018: Constitution Day Talk At Robert Morris University, Bruce Ledewitz

Hallowed Secularism

Blog post, “Constitution Day Talk at Robert Morris University“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Problem Of Purely Procedural Preemption Presented By The Federal Hear Act, William L. Charron

Pepperdine Law Review

The underlying purpose of the Holocaust Expropriated Art Recovery Act of 2016 (the HEAR Act), which is to return Nazi-looted artwork to victims or their families, is undeniably laudable. Restituting Nazi-looted artwork is and has been a moral objective of this country since the conclusion of World War II. It is equally clear that victims and their families can often face obstacles to gathering evidence from the war that would demonstrate Nazi theft in court. The HEAR Act strives to address these concerns by imposing a federal statute of limitations over all state law causes of action that would enable …

Ericsson, Inc. V. Regents Of The University Of Minnesota And A New Frontier For The Waiver By Litigation Conduct Doctrine, Jason Kornmehl

Pepperdine Law Review

Eleventh Amendment sovereign immunity is one of the most confusing areas of constitutional law. The waiver by litigation conduct doctrine represents a particularly complex aspect of Eleventh Amendment immunity. Courts, for example, have not precisely defined the extent to which waiver in a prior proceeding might extend to a future one. The Patent Trial and Appeals Board recently considered this issue in a novel context. In Ericsson, Inc. v. Regents of the University of Minnesota, the Patent Trial and Appeals Board applied the waiver by litigation conduct doctrine in an inter partes review proceeding. Combining the Eleventh Amendment, non-Article III …

The Security Court, Matt Steilen

Maryland Law Review Online

The Supreme Court is concerned not only with the limits of our government’s power to protect us, but also with how it protects us. Government can protect us by passing laws that grant powers to its agencies or by conferring discretion on the officers in those agencies. Security by law is preferable to the extent that it promotes rule of law values—certainty, predictability, uniformity, and so on—but, security by discretion is preferable to the extent that it gives government the room it needs to meet threats in whatever form they present themselves. Drawing a line between security by law and …

The Security Court, Matthew J. Steilen

Journal Articles

The Supreme Court is concerned not only with the limits of our government’s power to protect us, but also with how it protects us. Government can protect us by passing laws that grant powers to its agencies or by conferring discretion on the officers in those agencies. Security by law is preferable to the extent that it promotes rule of law values—certainty, predictability, uniformity, and so on—but, security by discretion is preferable to the extent that it gives government the room it needs to meet threats in whatever form they present themselves. Drawing a line between security by law and …

Reasonable Action: Reproductive Rights, The Free Exercise Clause, And Religious Freedom In The United States And The Republic Of Ireland, Liam Ray

St. John's Law Review

(Excerpt)

This Note will argue that by denying certiorari in Stormans v. Wiesman, the Supreme Court missed an important opportunity to provide guidance to the states as to how the Free Exercise Clause applies to the kind of stocking and dispensing regulations adopted by the State of Washington. This Note will further argue from a policy perspective that the approach to these kinds of regulations adopted by the Republic of Ireland (“ROI”) presents the best approach for states to adopt because it provides a balance in terms of respecting the free exercise rights of pharmacists and pharmacy owners with …

September 23, 2018: Politics After The Death Of God, Bruce Ledewitz

Hallowed Secularism

Blog post, “Politics After the Death of God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

September 21, 2018: The End Of Constitutional Government, Bruce Ledewitz

Hallowed Secularism

Blog post, “The End of Constitutional Government“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Section 1: Moot Court: Nieves, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

How Strong Does The Evidence Against Kavanaugh Need To Be?, Katherine A. Shaw

Online Publications

The allegation made by Christine Blasey Ford — that at age 15 she was the victim of a sexual assault by a 17-year-old Brett Kavanaugh — has not only upended Judge Kavanaugh’s Supreme Court confirmation hearings, but has also left Americans wondering what standards should apply to an accusation like this.

The Meaning Of Wrongdoing - A Crime Of Disrespecting The Flag: Grounds For Preserving National Unity, Mohammed Saif-Alden Wattad

San Diego International Law Journal

To conclude on this issue, the rights of others, as individuals and as a whole, are formulated as the social protected interest that criminal law seeks to protect through criminal means, and it is with these rights that criminal law theory should be concerned in the first level of scrutiny. However, in the second level of scrutiny, an additional set of rights are brought into play; these are the rights of the individual, namely the actor, to exercise their constitutional rights e.g., free speech, liberty, free exercise of religion. The second level of scrutiny requires balancing those rights with the …

September 18, 2018: The Kavanaugh Story, Bruce Ledewitz

Hallowed Secularism

Blog post, “ The Kavanaugh Story“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Against Lgbt Exceptionalism In Religious Exemptions From Antidiscrimination Obligations, Carlos A. Ball

Journal of Civil Rights and Economic Development

(Excerpt)

In my estimation, Tebbe is correct that contested legal and policy questions arising from the intersection of religious freedom and equality principles demand difficult normative work. But, after reading the book, I am not sure he realizes the extent to which his social coherence approach is historically driven. Whether through analogies from concrete, past cases or by abstracting normative principles from past cases, Tebbe is essentially looking at how the country has, in the past, accommodated religious freedom in the pursuit of other objectives to guide us through current religious liberty controversies involving LGBT rights and reproductive freedom.

Religious Freedom In An Egalitarian Age: Rejecting Doctrinal Nihilism In The Adjudication Of Religious Claims, Laura S. Underkuffler

Journal of Civil Rights and Economic Development

(Excerpt)

Tebbe’s argument proceeds along two separate tracks. First, he rejects the arguments of academic skeptics and others that these conflicts are by nature something that is not amenable to the judicial task. Rather, he argues, conflicts between religious freedom and civil rights can be worked through by courts, using what he calls a “social coherence” approach. This does not, of itself, “pretend to determine unique answers to pressing substantive questions”; but it establishes a way to generate reasoned conclusions that are intrinsically superior to the ad hockery or nihilistic approach that skeptics assume.

Next, Tebbe combines this approach with …