Constitutional Law Commons^™

A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, Stephen E. Henderson

Faculty Articles

In Other People’s Papers, Jane Bambauer argues for careful reform of the Fourth Amendment’s third party doctrine, providing an important contribution to an increasingly rich field of scholarship, judicial opinion, statute, and law reform. Bambauer is especially concerned with access to bodies of third-party data that can be filtered and mined, as they can be privacy invasive but also effective and less subject to traditional investigative prejudices and limitations. Although her article provocatively overclaims in trying to set itself apart from existing proposals, by analyzing existing constitutional and statutory law—including what I have termed a “limited” third party doctrine—and comparing …

Revenge Porn: Chivalry Prevails As Legislation Protects Damsels In Distress Over Freedom Of Speech, Sarah E. Driscoll

Roger Williams University Law Review

No abstract provided.

Insult To Injury: A Constitutional Challenge To Rhode Island's Most Colorful Shaming, Breegan Semonelli

Roger Williams University Law Review

No abstract provided.

Producing Democratic Vibrancy, K. Sabeel Rahman

Faculty Scholarship

No abstract provided.

Is The Constitution Special?, Nelson Tebbe, Christopher Serkin

Faculty Scholarship

No abstract provided.

Marriage, Abortion, And Coming Out, Scott Skinner-Thompson, Sylvia A. Law, Hugh Baran

Publications

Over the past two decades, legal protections for lesbian, gay, and bisexual individuals have dramatically expanded. Simultaneously, meaningful access to reproductive choice for women has eroded. What accounts for the different trajectories of LGBTQ rights and reproductive rights?

This Piece argues that one explanation—or at least partial explanation—for the advance of LGBTQ rights relative to reproductive rights is the differing degree to which individuals have come out about their experiences with sexuality compared to coming out about experiences with unplanned pregnancies. In particular, as catalogued in this Piece, popular media portrayals of lesbian and gay individuals have proliferated, broadening the …

Comparative Reflections On Duncan V. Louisiana And Baldwin V. New York, William Pizzi

Publications

No abstract provided.

Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton

Publications

Computers with communicative artificial intelligence (AI) are pushing First Amendment theory and doctrine in profound and novel ways. They are becoming increasingly self-directed and corporal in ways that may one day make it difficult to call the communication ours versus theirs. This, in turn, invites questions about whether the First Amendment ever will (or ever should) cover AI speech or speakers even absent a locatable and accountable human creator. In this Article, we explain why current free speech theory and doctrine pose surprisingly few barriers to this counterintuitive result; their elasticity suggests that speaker humanness no longer may be …

Unintended Lawlessness Of Stand Your Ground: Justitia Fiat Coelum Ruat, Ann Marie Cavazos

Journal Publications

This paper will examine Florida's Stand Your Ground law by analyzing the origins and purpose of the law, vis-a-vis comparative analysis, and by discussing the application of this law. It will compare the stories of victims and further dissect the necessity and benefits of the Stand Your Ground laws, and examine in particular how it has affected the citizens of Florida and the nation. This Article will examine unforeseen outcomes derived from the enactment of a law meant for the common good and will further discuss how the Castle Doctrine evolved into the current Stand Your Ground laws. It will …

I Don’T Believe That Answers Our Question: The Story Of White V. Woodall And How The Supreme Court’S Silence Is Adversely Affecting The Fifth Amendment Privilege, Nathan B. Hall

Oklahoma Law Review

No abstract provided.

A Civil Rights Act For The 21st Century: The Privileges And Immunities Clause And A Constitutional Guarantee To Be Free From Discriminatory Impact, Mark Dorosin

Journal Publications

As the nation reflects on the fiftieth anniversaries of the various civil rights legislation of the 1960s' and considers the challenges that remain for fully addressing our history of racial discrimination, segregation, and suppression, we must begin with a very fundamental question: What is the harm that we are seeking to address, and how effectively do our current civil rights laws work towards achieving that goal? Given our collective success in addressing some of the most egregious intentional discrimination, as well as the intransigent, and evolving nature of institutional racism, it is time for a new Civil Rights Act that …

The Real Homeland Security Gaps, Areto A. Imoukuede

Journal Publications

This Article reveals the real security gaps in FPS and suggests that the enormous delegation of FPS's vital security functions to private contractors should be treated as an unconstitutional delegation of an inherently governmental function. However, the current constitutional doctrine regarding inherently governmental functions is so weak that even this obvious example of a vital security function that ought to be performed by government fails to satisfy the current constitutional standard for being inherently governmental. Part II presents the FPS federal infrastructure mission and the real homeland security gaps created by post 9/11 policies that have undermined FPS security capabilities. …

Foster V. Chatman And The Failings Of Batson, Patrick C. Brayer

Faculty Works

When the Supreme Court delivered its ruling in Foster v Chatman, the court described the actions of the prosecutors as being “motivated in substantial part by race” when they struck two potential jurors from hearing the capital murder case against Timothy Foster. This phenomenon of open and explicit racial intolerance is unfortunately still in existence thirty years after Foster first went to trial. What the Court failed to acknowledge was how new attitudes of exclusion are less intentional today and more nuanced, implicit, and rationalized. Black defendant’s in 2016 face prosecutors who are less engaged in open discrimination but more …

Chipping Away At The Rock: Perez V. Mortgage Bankers Association And The Seminole Rock Deference Doctrine, Kevin O. Leske

Loyola of Los Angeles Law Review

Largely escaping judicial and scholarly examination for close to seventy years, the Seminole Rock deference doctrine directs federal courts to defer to an administrative agency’s interpretation of its own regulation unless such interpretation “is plainly erroneous or inconsistent with the regulation.” But at long last the United States Supreme Court is poised to re-evaluate the doctrine.

In March 2015, in Perez v. Mortgage Bankers Association, the Court addressed whether a federal agency was required to follow the notice-and-comment procedures of the Administrative Procedure Act after it changed a prior interpretation of its regulation under the “Paralyzed Veterans doctrine.” Although …

Constitutional Rights And The Transition To Democracy: Twenty Years Of South African Constitutionalism, Christopher G. Oechsli

NYLS Law Review

No abstract provided.

Twenty Years Of South African Constitutionalism, Gay J. Mcdougall

NYLS Law Review

No abstract provided.

Twenty Years Of Constitutional Democracy: A Preliminary Reflection, Dennis M. Davis

NYLS Law Review

No abstract provided.

Strengthening Constitutional Democracy: Progress And Challenges Of The South African Human Rights Commission And Public Protector, Tseliso Thipanyane

NYLS Law Review

No abstract provided.

Accountability And The Role Of Independent Constitutional Institutions In South Africa’S Post-Apartheid Constitutions, Heinz Klug

NYLS Law Review

No abstract provided.

Corruption Cases And Separation Of Powers In The South African Courts And U.S. Supreme Court, Mark Kende

NYLS Law Review

No abstract provided.