Constitutional Law Commons^™

March 16 2016: Three Conservative Commentators Breaking Out Of Conventional Wisdom, Bruce Ledewitz

Hallowed Secularism

Blog post, “Three Conservative Commentators Breaking Out of Conventional Wisdom “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Reconstructing Rfra: The Contested Legacy Of Religious Freedom Restoration, Martin S. Lederman

Georgetown Law Faculty Publications and Other Works

Almost every member of Congress voted to approve the Religious Freedom Restoration Act of 1993 (RFRA), a bill endorsed by an unprecedented coalition of dozens of religious and civil rights organizations spanning the political and ideological spectrum. President Clinton quipped at the signing ceremony that perhaps only divine intervention could explain such an unusual meeting of the minds: the establishment of “new trust” across otherwise irreconcilable “ideological and religious lines,” he remarked, “shows . . . that the power of God is such that, even in the legislative process, miracles can happen.”

The RFRA consensus was especially “miraculous” because the …

Law Day Fifth District Court Of Appeal Oral Arguments At Florida Agricultural And Mechanical University College Of Law, 2016, Honorable James A. Edwards, Honorable Richard B. Orfinger, Honorable Vincent G. Torpy Jr.

Law Day Presentations

As part of FAMU College of Law's Law Day activities, the Florida Fifth District Court of Appeal is holding a session in the FAMU College of Law Ceremonial Moot Courtroom. A three judge panel is hearing oral arguments from attorneys representing their clients in cases involving suppression of evidence, the exclusionary rule and other evidentiary questions, as well as the ineffective assistance of counsel in a case involving deportation issues. A question-and-answer session follows each set of arguments during which the justices and attorneys entertain questions about the appellate process and organization of the court.

Implications On The Constitutionality Of Student Cell Phone Searches Following Riley V. California, Ross Hoogstraten

William & Mary Bill of Rights Journal

No abstract provided.

Stanley V. Illinois’S Untold Story, Josh Gupta-Kagan

William & Mary Bill of Rights Journal

Stanley v. Illinois is one of the Supreme Court’s more curious landmark cases. The holding is well known: the Due Process Clause both prohibits states from removing children from the care of unwed fathers simply because they are not married and requires states to provide all parents with a hearing on their fitness. By recognizing strong due process protections for parents’ rights, Stanley reaffirmed Lochner-era cases that had been in doubt and formed the foundation of modern constitutional family law. But Peter Stanley never raised due process arguments, so it has long been unclear how the Court reached this decision. …

Attorney’S Fees, Nominal Damages, And Section 1983 Litigation, Thomas A. Eaton, Michael L. Wells

William & Mary Bill of Rights Journal

Can plaintiffs recover attorney’s fees under 42 U.S.C. § 1988 when they establish constitutional violations but recover only nominal damages or low compensatory damages? Some federal appellate courts have concluded that no fee, or a severely reduced fee, should be awarded in such circumstances. This position, which we call the “low award, low fee” approach, rests primarily on the Supreme Court’s 1992 opinion in Farrar v. Hobby.

We argue that a “low award, low fee” approach is misguided for two main reasons. First, the majority opinion in Farrar is fragmented, and the factual record is opaque regarding what and how …

Newsroom: Closing Guantanamo Isn't Enough 03-14-2016, Jared Goldstein

Life of the Law School (1993- )

No abstract provided.

March 12, 2016: Not Trade But Wages, Bruce Ledewitz

Hallowed Secularism

Blog post, “Not Trade but Wages“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Federalism Cases, Leon Friedman

Touro Law Review

No abstract provided.

Due Process And Fundamental Rights, Martin A. Schwartz

Touro Law Review

No abstract provided.

The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel M. Gora

Touro Law Review

No abstract provided.

Shakin' And Bakin': The Supreme Court's Remarkable Criminal Law Rulings Of The 1999 Term, William E. Hellerstein

Touro Law Review

No abstract provided.

District Court, Southern District, Leonard V Dutchess County Dep't Of Health, Sharon Ryan

Touro Law Review

No abstract provided.

Family Court, Seneca County, In Re Kaufman, Edward Callaghan

Touro Law Review

No abstract provided.

County Court, Monroe County, People V. Reynolds, Jill Weinberg

Touro Law Review

No abstract provided.

Third Department, Rossi V. City Of Amsterdam, Aron Rattner

Touro Law Review

No abstract provided.

First Department, People V Robinson, Courtney Blakeslee

Touro Law Review

No abstract provided.

First Department, People V. Mason, Kathleen Byrne

Touro Law Review

No abstract provided.

Three Out Of Four Economists Recommend Raising The Minimum Wage! A Closer Look At The Debate Surrounding Seattle's Minimum Wage Ordinance, Erica Bergmann

Seattle University Law Review

This Note will discuss the implications of a high minimum wage by examining the debate around the Seattle Ordinance with a particular focus on the IFA lawsuit. To analyze the possible impacts of the Seattle Ordinance, current and historical arguments both in support of and in opposition to minimum wage laws are considered. This Note ultimately concludes that the U.S. District Court rightly denied the IFA’s motion for a preliminary injunction, which would have frustrated Seattle’s experiment before it began. Seattle’s plan to implement a $15 minimum wage, and similar experiments, should be permitted to proceed because the problem of …

Supreme Court, New York County, Kellogg V. Travis, Donna A. Napolitano

Touro Law Review

No abstract provided.