Constitutional Law Commons^™

A Tale Of Tulips: A Counterpoint To Courts Codifying Collectibles, Hunter S. Higgins

The Journal of Business, Entrepreneurship & the Law

The goal of this Note is to educate the courts and public of the patent inconsistencies and latent implications of judicial interference in the art and collectibles market, as prosecutors, judges, and the public risk unraveling the delicate fabric of its legal and economic framework. Part II of the Note will closely examine the economics of the art and collectibles marketplace, from internal changes at the auction house to external changes in the global marketplace. In particular, the Note will examine the Asian marketplace, which has led the global expansion of art and collectibles, and the potential dangers of the …

July 2, 2017: Trinity Lutheran Church Case Shows There Is No Originalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Trinity Lutheran Church Case Shows There is no Originalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Scotus's 2016-17 Term: The Calm Before The Storm?, John M. Greabe

Law Faculty Scholarship

[Excerpt] “The court's just-completed 2016-17 term contained no . . . blockbusters. Its highest profile ruling was an unsigned opinion that modified preliminary injunctions issued by lower courts to prevent President Donald Trump's "travel ban" orders from going into immediate effect.

But that ruling did not decide whether the president's orders are in fact unconstitutional. Instead, the court put that important question off until the fall, by which time further factual developments -for example, the executive branch completing its review and deciding to lift or modify the bans -may well render the issue moot.”

Big Brother Or Big Pharma: The Lion Fight Over The Surveillance And Promotion Of Pharmaceutical Use In America, Patrick Bailey

Florida State University Law Review

No abstract provided.

Smith V. Obama: A Neoclassical After Action Review, Sam Walenz

Florida State University Law Review

No abstract provided.

Vulnerable Insiders: Constitutional Design, International Law And The Victims Of Armed Conflict In Colombia, David Landau

Scholarly Publications

This article, prepared for a conference on “The External Dimensions of Constitutions” held at the University of Cambridge in September 2016, explains how the Colombian Constitutional Court constructed a set of rights for a group of vulnerable insiders—victims of the country’s long-running internal armed conflict. The Court based its jurisprudence on a 1991 constitutional design that turned towards international law as a way of resolving a severe domestic crisis of violence and legitimacy. The Court has drawn heavily on principles of international human rights law and international humanitarian law to develop a set of protections for Colombia’s massive population of …

Mad Men And Dead Men: Justification For Regulation Of Computer-Generated Images Of Deceased Celebrity Endorsers, Kerry Barrett

Cleveland State Law Review

Pursuant to the Federal Trade Commission Act, the Federal Trade Commission (FTC) is charged with consumer protection through the prohibition of unfair and deceptive trade practices. An unfair and deceptive trade practice is gaining in prominence and has not yet been subjected to FTC regulation. Computer-generated imagery (CGIs) of deceased celebrity endorsers are misleading to consumers and constitute a false advertisement. This Note evaluates how digitally resurrected endorsers pervert the consumer decision-making process through analysis of issue-relevant thinking, the match-up hypothesis, event-study analysis, social adaptation theory, and transfer theory. This Note also accounts for the macroeconomic effect of regulation of …

Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel

Articles

No abstract provided.

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Federalism Implications Of Non-Recognition Of Licensure Reciprocity Under The Gun-Free School Zones Act, Royce De R. Barondes

Faculty Publications

The Gun-Free School Zones Act (GFSZA) criminalizes firearms possession within 1000 feet of an elementary or secondary school in a State unless the possessor "is licensed to do so by the State in which the school zone is located" (or one of a few other exceptions applies). The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has in correspondence opined licensure through reciprocity does not make one so licensed by the State.

School zones covered by the act are ubiquitous. Were the ATF's interpretation adopted, large swaths of many States' non-rural areas would be prohibited zones for non-residents who carry …

Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Constitutional Law—Why Amending The Consitution To Overrule Citizens United Is The Wrong Way To Fix Campaign Finance In The United States, Zachary Hale

University of Arkansas at Little Rock Law Review

No abstract provided.

Human Rights, Human Dignity, And The Concept Of Honour: A German Perspective, Eric Hilgendorf

Cardozo Journal of International and Comparative Law

The overuse of terms like human rights, human dignity, and honour in European legal discourse risks diminishing their normative impact. Rooted in Enlightenment ideals and reactions to historical injustices, these concepts are central to German law, balancing individual rights with freedoms like expression. However, their broad application, especially in criminal law, necessitates a more precise definition to preserve their legal potency.

Human Dignity In Judicial Decisions: Principles Of Application And The Rule Of Law, Doron Shultziner

Cardozo Journal of International and Comparative Law

Human dignity has become a central legal concept worldwide and has been increasingly employed in judicial decisions in many jurisdictions, including in countries that do not incorporate it into their constitutions. However, due to the acknowledged vagueness of the concept, scholars and judges alike have identified many difficulties in its application and specific challenges that it poses to the rule of law. This Article addresses those challenges and proposes four formal principles for the use of human dignity in judicial decisions: using the concept strictly in relation to written law; defining the concept and its actual meaning in rulings; maintaining …

From The Bill Of Rights To Basic Laws: Constitutional Rights In Israel, Isaac Amit

Cardozo Journal of International and Comparative Law

The article explores the development and application of constitutional rights in Israel, emphasizing the unique challenges faced by the Israeli Supreme Court due to the absence of a formal constitution. It highlights how the judiciary has played a pivotal role in shaping constitutional rights through the interpretation of Basic Laws and common law, while navigating the complexities of Israel's multicultural and often polarized society. The analysis underscores the use of comparative law and the balancing of individual rights against state interests, particularly in matters of security and social welfare.

Privacy, Security, And The Connected Hairbrush, Travis Leblanc

Maryland Law Review

No abstract provided.

G.G. Ex Rel. Grimm V. Gloucester County School Board: Broadening Title Ix’S Protections For Transgender Students, Sam Williamson

Maryland Law Review

No abstract provided.

Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust

BYU Law Review

The Title IX religious exemption demonstrates how statutory religious exemptions can help further social change by neutralizing potential conflict with religious dissenters. Part of the reason for its success is that it is narrowly constructed and automatically applies to qualifying institutions. However, the regulations contradict the statutory text by potentially giving the Department of Education discretion to grant or deny exemptions. Were the Department to fully exercise this power, its actions would conflict with both the language of the statute and the Constitution. The Department of Education’s recent scrutiny of the “controlled by” language of the exemption provides an example …