Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

34,976 Full-Text Articles 20,996 Authors 34,841,374 Downloads 250 Institutions

All Articles in Constitutional Law

Faceted Search

34,976 full-text articles. Page 478 of 900.

Interpreting Constitutional Provisions In Tandem, Kiel Brennan-Marquez 2018 University of Connecticut

Interpreting Constitutional Provisions In Tandem, Kiel Brennan-Marquez

Faculty Articles and Papers

No abstract provided.


Expatriation Restored, Jonathan David Shaub 2018 University of Kentucky College of Law

Expatriation Restored, Jonathan David Shaub

Law Faculty Scholarly Articles

Expatriation - the loss or relinquishment of citizenship - has a long and divisive history as a fundamental concept of American citizenship. It has been the subject of contentious and robust debate from the very beginning of the country. This Article posits that the concept of expatriation today has little jurisprudential salience, despite its increasing rhetorical valence in the context of terrorism, because the historical development of the concept has obscured its meaning. Expatriation originally had a precise meaning: an individual right declared by the country in 1868 to be "indispensable" to the inalienable rights identified in the Declaration of …


"Because Of Sex", Jack B. Harrison 2018 Loyola Marymount University and Loyola Law School

"Because Of Sex", Jack B. Harrison

Loyola of Los Angeles Law Review

Many Americans currently believe that federal law prohibits discrimination because of sexual orientation and gender identity in the workplace. While it is true that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employers from discriminating because of an employee’s race, color, religion, sex, or national origin, courts and legislators have historically been slow to extend these protections to LGBT workers. The result of this reluctance is that LGBT employees remain largely unprotected under an unpredictable patchwork of laws and policies, consisting of presidential executive orders, private employer initiatives, city and county ordinances, gubernatorial executive orders, and …


Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases, Daniella Rubin 2018 Loyola Marymount University and Loyola Law School

Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases, Daniella Rubin

Loyola of Los Angeles Law Review

No abstract provided.


County Of Los Angeles V. Mendez: Defending The Constitutionality Of The "Provocation Rule", Layla Bishara 2018 Loyola Marymount University and Loyola Law School

County Of Los Angeles V. Mendez: Defending The Constitutionality Of The "Provocation Rule", Layla Bishara

Loyola of Los Angeles Law Review

No abstract provided.


How The United States Supreme Court Diminished Constitutional Protections Of The Right To Vote And What Congress Can Do About It, Henry Rose 2018 Loyola University Chicago, School of Law

How The United States Supreme Court Diminished Constitutional Protections Of The Right To Vote And What Congress Can Do About It, Henry Rose

Faculty Publications & Other Works

No abstract provided.


Constitutional Law: Protecting Our Youth: A Necessary Limit On The First Amendment—State V. Muccio, Richard A. Podvin 2018 Mitchell Hamline School of Law

Constitutional Law: Protecting Our Youth: A Necessary Limit On The First Amendment—State V. Muccio, Richard A. Podvin

Mitchell Hamline Law Review

No abstract provided.


Action And Reaction: The Trump Executive Orders And Their Reception By The Federal Courts, Anthony S. Winer 2018 Mitchell Hamline School of Law

Action And Reaction: The Trump Executive Orders And Their Reception By The Federal Courts, Anthony S. Winer

Mitchell Hamline Law Review

No abstract provided.


It’S All Your Fault!: Examining The Defendant’S Use Of Ineffective Assistance Of Counsel As A Means Of Getting A “Second Bite At The Apple.”, Prentice L. White 2018 Southern University Law Center

It’S All Your Fault!: Examining The Defendant’S Use Of Ineffective Assistance Of Counsel As A Means Of Getting A “Second Bite At The Apple.”, Prentice L. White

Dickinson Law Review (2017-Present)

The United States Constitution provides individuals convicted of a crime with “a second bite at the apple.” The Sixth Amendment provides an avenue to appeal one’s conviction based on the claim of “ineffective assistance of counsel.” What were the Framers’ true intentions in using the phrase “effective assistance of counsel”? How does the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 affect habeas corpus appeals? This article answers these questions through the eyes of Thomas—a fictional character who is appealing his murder conviction.

This article first looks at the history surrounding effective assistance of counsel and discusses the difficulties …


Incredible Lies, Catherine J. Ross 2018 University of Colorado Law School

Incredible Lies, Catherine J. Ross

University of Colorado Law Review

No abstract provided.


Sex, Lies, And Ultrasound, B. Jessie Hill 2018 University of Colorado Law School

Sex, Lies, And Ultrasound, B. Jessie Hill

University of Colorado Law Review

No abstract provided.


Government Lies And The Press Clause, Helen L. Norton 2018 University of Colorado School of Law

Government Lies And The Press Clause, Helen L. Norton

University of Colorado Law Review

No abstract provided.


Free Speech Hypocrisy: Campus Free Speech Conflicts And The Sub-Legal First Amendment, Christina E. Wells 2018 University of Colorado Law School

Free Speech Hypocrisy: Campus Free Speech Conflicts And The Sub-Legal First Amendment, Christina E. Wells

University of Colorado Law Review

No abstract provided.


Categorizing Lies, David S. Han 2018 University of Colorado Law School

Categorizing Lies, David S. Han

University of Colorado Law Review

No abstract provided.


Developing A Taxonomy Of Lies Under The First Amendment, Alan K. Chen, Justin Marceau 2018 University of Colorado Law School

Developing A Taxonomy Of Lies Under The First Amendment, Alan K. Chen, Justin Marceau

University of Colorado Law Review

No abstract provided.


The Law Of Deception: A Research Agenda, Gregory Klass 2018 University of Colorado Law School

The Law Of Deception: A Research Agenda, Gregory Klass

University of Colorado Law Review

No abstract provided.


Taxpayers For Public Education V. Douglas County School District: The School Choice Movement Soldiers On, Bryce Carlson 2018 University of Colorado Law School

Taxpayers For Public Education V. Douglas County School District: The School Choice Movement Soldiers On, Bryce Carlson

University of Colorado Law Review

For nearly a decade, the school choice movement in Colorado has hung in the balance as the fate of the Douglas County School District Choice Scholarship Program worked its way through the courts, even reaching the United States Supreme Court in the process. The main issue at stake was whether Article IX, § 7 of the Colorado Constitution, which prevents public institutions from making any appropriation to a "church or sectarian society," barred students from using a school district scholarship to attend a private religiously affiliated school.

The Colorado Supreme Court in 2015 ruled that the Choice Scholarship Program indeed …


Is Pena-Rodriguez V. Colorado Just A Drop In The Bucket Or A Catalyst For Improving A Jury System Still Plagued By Racial Bias, And Still Badly In Need Of Repairs, Robert I. Correales 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Is Pena-Rodriguez V. Colorado Just A Drop In The Bucket Or A Catalyst For Improving A Jury System Still Plagued By Racial Bias, And Still Badly In Need Of Repairs, Robert I. Correales

Scholarly Works

Historically, race-based jury bias has maintained the most prominent place in the hierarchy of social ills that have plagued the American Criminal Justice System. Relying on Due Process and Equal Protection principles, the United States Supreme Court and lower federal courts have chipped away at the problem with mixed results. State Courts have also served as laboratories, providing important lessons on the successes and failures of different approaches, often leading the way with their innovations. A formidable obstacle commonly referred to as a "black box," better known as the no-impeachment rule, has made progress difficult. The no-impeachment rule was designed …


Chevron's Liberty Exception, Michael Kagan 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Chevron's Liberty Exception, Michael Kagan

Scholarly Works

This Article argues that the Supreme Court’s practice in immigration cases reflects an unstated but compelling limitation on Chevron deference. Judicial deference to the executive branch is inappropriate when courts review the legality of a government intrusion on physical liberty. This norm is illustrated by the fact that the Court has not meaningfully applied Chevron deference in cases concerning deportation, and also has seemed reluctant to do so in cases concerning immigration detention. It is a logical extension of the established rule that Chevron deference does not apply to questions of criminal law. By contrast, the Court applies Chevron deference …


Supreme Court Reform: Desirable - And Constitutionally Required, David Orentlicher 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Supreme Court Reform: Desirable - And Constitutionally Required, David Orentlicher

Scholarly Works

No abstract provided.


Digital Commons powered by bepress