Constitutional Law Commons^™

Penegakan Peraturan Lalu Lintas Dan Kepatuhan Terhadapnya (Dengan Minat Khusus Kota Jakarta), Soerjono Soekanto

Jurnal Hukum & Pembangunan

Abstract

Book Review: We're All Traditionalists Now (Most Of The Time), Richard H. Fallon, Jr., The Changing Constitution: Constitutional Law In The Trump-Era Supreme Court, Michael Gentithes

ConLawNOW

This review highlights the scope and importance of Richard Fallon’s book, The Changing Constitution: Constitutional Law in the Trump-Era Supreme Court. Fallon, a giant of constitutional work, provides a comprehensive, accessible, and vitally important catalogue of the Court’s methodological changes in his posthumously published book. The book argues that while textualism and originalism “have achieved unparalleled prominence,” the Court is also “not consistently originalist” and often relies on a version of traditionalism, similar to but importantly distinct from originalism, that marks an important and undertheorized change. And in yet other areas, the Court eschews either originalism or traditionalism for …

Testimony Of Professor Zalman Rothschild Before The House Subcommittee On Early Childhood, Elementary, And Secondary Education Regarding Mahmoud V. Taylor, Zalman Rothschild

Testimony

On February 10, 2026, Professor Zalman Rothschild, Horn Family Distinguished Research Scholar in Law and Religion at the Benjamin N. Cardozo School of Law, testified before the House Subcommittee on Early Childhood, Elementary, and Secondary Education of the House Committee on Education and Workforce. His testimony addressed the Supreme Court’s decision in Mahmoud v. Taylor and its implications for parental rights, religious liberty, public education, vaccination mandates, and compulsory schooling.

Professor Rothschild situates Mahmoud within the broader constitutional tradition shaped by Pierce v. Society of Sisters, West Virginia Board of Education v. Barnette, and Wisconsin v. Yoder …

Wildearth Guardians V. U.S. Dept. Of Agric. Animal And Plant Health Inspection Serv. Wildlife Services, Luke A. Zagar

Public Land & Resources Law Review

WildEarth Guardians v. U.S. Dept. of Agric. Animal and Plant Health Inspection Serv. Wildlife Services considers whether Predator Damage Management (“PDM”) programs in Wilderness Areas violate the Wilderness Act and whether the United States Department of Agriculture’s Animal and Plant Health Inspection Service, Wildlife Services (“Wildlife Services”) violated the National Environmental Policy Act (“NEPA”) in issuing its Final Environmental Assessment (“EA”) and Finding of No Significant Impact (“FONSI”). The Court of Appeals for the Ninth Circuit affirmed its prior holding in Forest Guardians v. Naimal & Plant Health Inspection Serv., finding that “the Wilderness Act does not prohibit Wildlife Service …

Protecting Journalism From National Security In Contemporary India, Manish .

National Law School of India Review

Freedom of the press is an important element of a robust democracy. In India, press freedom lacks statutory protection, leaving constitutional protection under Article 19(1)(a) as the only remedy. In recent years, the use of anti-terror laws against journalists investigating alleged lapses or excesses by the state has posed a particular threat to press freedom, given the largely minimalist and statist interpretation that the Supreme Court of India has given to these laws. This has been compounded by the election and re-election of an autocratic populist government to Parliament, which has sought to use law as a means of ensuring …

Regulating Reader(S): Book People V. Wong, Compelled Speech, And Sexually Explicit Library Materials In The Fifth Circuit, Gray Wood

Texas A&M Law Review

This Note analyzes the Fifth Circuit Court of Appeals’ recent holding in Book People, Inc. v. Wong, which struck down Texas Education Code Chapter 35. Passed under the 88th Texas Legislature’s READER Act in 2023, Chapter 35 instituted a mandatory rating system that required Texas book vendors to review the books they sold to district schools and open-enrollment charter schools for sexually explicit material. Book vendors banded together to oppose the law, arguing that it constituted compelled speech, a legal doctrine that has come to the forefront of First Amendment fights since the Supreme Court’s 2023 decision in 303 …

Brief Of Notre Dame Education Law Project, Notre Dame Program On Church, State & Society, And Lindsay And Matt Moroun Religious Liberty Clinic Amici Curiae In Support Of Petitioners, Richard W. Garnett, Nicole Stelle Garnett, John A. Meiser

Court Briefs

No. 25-802
Foothills Christian Ministries v. Kim Johnson

On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Summary of Argument

The First Amendment guarantees religious institutions the power to conduct their internal affairs. Our Lady of Guadalupe School v. Morrissey- Berru, 591 U.S. 732, 746 (2020). See also Cath. Charities Bureau, Inc. v. Wisconsin Lab. & Indus. Review Comm'n, 605 U.S. 238, 249 (2025); id. at 255 (Thomas, J., concurring). This principle of self-governance, known as the church autonomy doctrine, is an essential feature of the Constitution’s …

President Trump & Control Of Administrative Agencies: The Firing Of Mspb Member Cathy Harris, Jacob Burns Center For Ethics In The Practice Of Law, Floersheimer Center For Constitutional Democracy, Cardozo Chapter Of The American Constitutional Society, Cardozo Labor And Employment Law Society, Cardozo Outlaw, Jessica A. Roth, Cathy Harris

2025–2026 Flyers

Former Merit Systems Protection Board (MSPB) member Cathy Harris will join her attorney, Nathaniel Zelinsky, for a discussion of her lawsuit challenging President Trump’s removal of her from the MSPB. The case tests the limits of presidential control over independent administrative agencies.

Skrmetti And The Problem Of Incidental Intent, Martin J. Katz

Sturm College of Law: Faculty Scholarship

The modern Supreme Court has defined “discriminatory intent” as a strict-liability concept. It does not matter why the government sorts people by a protected characteristic, such as race or sex; it matters only that the government does sort people by such a characteristic. This principle is the key holding of affirmative-action cases, such as Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. Yet, in the recent case United States v. Skrmetti, the Court seemed to focus not on the question of whether the government sorted people by sex (it did), but on the question …

Law School News: Roger Williams University Marks Fred Korematsu Day With Reflection On Rights And Responsibility 02-02-2026, Kelly Brinza, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

When Constitutional Protection For Religious Liberty Gets Lost In Translation: A Case Study From Washington State, Robert W. Gomulkiewicz

Articles

Protecting religious liberty can present difficult challenges when religious liberty conflicts with laws prohibiting discrimination. Balancing religious liberty and nondiscrimination requires courts to accurately apply the U.S. Supreme Court’s complex First Amendment jurisprudence, including cases that address compelled speech, expressive association, and church autonomy. Amidst all the complexity, protection for religious liberty can get lost in translation. One important venue where protection can get lost in translation is in religious liberty cases decided by state supreme courts. The decisions of state supreme courts are especially significant because they provide the authoritative construction for state statutes and the state constitution. In …

The Untold Story Of 150 Years Of Women In State Judiciaries, Elizabeth D. Katz

UF Law Faculty Publications

A focus on the U.S. Constitution and federal judges has obscured a longer and more complex history of women serving on state benches — and how state constitutions mattered in their rise.

Winnowing The Wheat From The Chaff: The Continuing Controversy Over Article Iii Standing And The Certification Of Rule 23(B)(3) Damages Classes Containing "Uninjured" Members, William G. Beatty

William & Mary Business Law Review

The controversy surrounding the inclusion of uninjured class members in Rule 23(b)(3) damages classes has deeply divided the federal circuit courts of appeals and continues to do so. This Article explores the constitutional roots of the issue, beginning with the foundational element of Article III standing, and discusses the question of how many uninjured members, if any, Rule 23 permits in a class seeking certification before problems with commonality and predominance arise.

The Article discusses the details of the Laboratory Corp. of America v. Davis case (LabCorp), which, in the spring of 2025, presented the Supreme Court with …

Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett

Dissertations, Theses, and Capstone Projects

This essay explores the contradictions in legal theory and human experience through creative nonfiction. Its main purpose is to argue that a truly just society requires acknowledging the profound influence of individual narratives on the law. This is supported by blending personal narratives, critical analysis, and philosophical inquiry to reveal the gap between codified law and lived realities for marginalized individuals. This unique Legal Poetics methodology employs a series of six vignettes, such as the author's and Luis's shared experiences with traumatic brain injury and the denial of justice, as data. By integrating autoethnography, law as narrative, and performativity theories, …

Comparative Authoritarian Law, Madhav Khosla, Benjamin L. Liebman

Faculty Scholarship

In recent years, comparative constitutional lawyers have turned their attention to the study of democratic backsliding. However, such scholarship is yet to draw on the now extensive literature on traditional authoritarian systems. The bifurcation of regime type that has structured comparative legal research for decades — for comparative constitutional lawyers and for scholars of specific authoritarian regions — is now under strain. With the global rise of authoritarianism and the growing use of law by authoritarian states, the world is harder to neatly separate into two camps than it once might have been. This Article reflects on how we might …

Is History Precedent?, Allison Orr Larsen

Faculty Publications

It has been just over three years since the Supreme Court instructed lower courts to evaluate Second Amendment challenges by examining history and tradition. And it is no secret that the courts have struggled. This Article tackles a phenomenon that is born of that struggle. Overwhelmed by the task of evaluating historical claims, lower courts instead are turning to other judges as authorities on history. They are using what I call in this Article “historical precedents”—meaning language about history from an older decision that the subsequent judge then treats as authority, not as part of a legal rule but for …

A Citizenship Model Of The Fourth Amendment, Danieli Evans

Articles

Fourth Amendment law is in disarray. In recent years, courts and scholars have questioned central aspects of Fourth Amendment doctrine—in particular, the reasonable expectations of privacy test that has governed since the 1960s. Scholars and judges have argued for abandoning this test and instead looking to private law (sub-constitutional rules governing private conduct, such as tort, property, and contract law) to determine Fourth Amendment protection.

At a moment when judges and scholars are questioning core aspects of Fourth Amendment doctrine, the time is ripe to reconsider the values Fourth Amendment law ought to serve. I advance a novel vision for …

The Exactions Illusion: Sheetz’S Missing Dissent, Lee Anne Fennell, Timothy M. Mulvaney

Faculty Scholarship

In April 2024, the Supreme Court unanimously handed down Sheetz v. County of El Dorado, a land use exactions case billed as narrow, inevitable, constitutionally compelled, and obviously correct.  It was none of those things. Sheetz instead ushered in an open-ended shift of policy control over the built environment from state and local legislatures to courts. By its terms, the holding extended the Court’s stringent “exactions” test—which requires the government to prove nexus and proportionality between development conditions and development impacts—beyond its original context of parcel-specific administrative bargains to reach an unspecified set of legislated property conditions. Yet the decision’s …

Drug Scheduling As Institutional Design, Matthew B. Lawrence, David E. Pozen

Faculty Scholarship

Controlled Substances Act (CSA), U.S. drug law has simultaneously fueled mass incarceration, inhibited needed access, and enabled an opioid crisis. To make better choices, this Article argues that the CSA’s institutional design must account for three distinctive features of psychoactive drugs: the prohibition problem (drug bans tend to backfire when demand is inelastic), the pharma problem (drug companies have supercharged incentives to manipulate markets and exploit consumers), and the pluralism problem (drug policy involves irreducibly political questions that no expert discipline can answer). On their own, each of these problems calls for reform to the CSA. Taken together, they call …

Originalism, Official History, And Perspectives Versus Methodologies, Keith N. Hylton

Faculty Scholarship

This paper addresses a well-worn topic: originalism, the theory that judges should interpret the U.S. Constitution in a manner consistent with the intent of its framers. I am interested in the real-world effects of originalism. The primary effect advanced by originalists is the tendency of the approach to constrain the discretion of judges. However, I identify another effect of originalism: the creation of official histories, a practice that imposes a hidden tax on society. Another question I consider is whether originalism should be considered a methodology of analyzing the law or a perspective on the law; I argue that originalism …