Constitutional Law Commons^™

Arbitrase, Soebekti Prof. R

Jurnal Hukum & Pembangunan

Abstract

The Double-Edged Sword Of Ai In Elections: Navigating Risks And Opportunities In Washington State, Payvand Khastkhodaei

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Communicative Legitimacy: The Supreme Court's Hidden Cultural Binaries In The U.S. Civil Sphere, Steven Arrigg Koh

Faculty Scholarship

How does the U.S. Supreme Court establish its legitimacy? Over the last two hundred years in U.S. society, the Court has interpreted the U.S. Constitution on watershed issues such as slavery, segregation, and marriage equality. And yet the Constitution is just 7,591 words. A puzzle thus emerges: how does the Court intelligibly interpret this short text for U.S. society? This article develops a new theoretical and empirical cultural sociological account of such Supreme Court decision-making, which it calls “communicative legitimacy.” According to this theory, which draws on Jeffrey Alexander’s civil sphere theory, the Court consistently and inevitably draws on a …

Under The Guardianship: Experiences Of Mothers In Egypt’S El Nayaba El Hesbaya, Hana Khayry

Theses and Dissertations

This thesis explores the intersectional lived experience of El Nayaba El Hesbaya in Egypt. El Nayaba El Hesbaya, operating under Law 119/1952, is the administrative and judicial body responsible for overseeing the financial and legal affairs of minors whose father or mother had passed. Hundreds of thousands of mothers in Egypt have (had) children under the guardianship of El Nayaba El Hesbaya. This research delves into the experience of mothers whose children are or were under the guardianship of El Nayaba El Hesbaya, examining how it shape(s/d) their everyday life as women, mothers, widows or ex-wives, citizens, and legal subjects. …

Emergency-Use Vaccine Mandates And Bodily Integrity: Assessing The Validity Of Proportionality Test In Legal Frameworks, Eman Hussien Khalil

Theses and Dissertations

Courts confronting emergency-use vaccine mandates during pandemics have revealed that existing legal frameworks are not equipped to handle the emergency context, as seen in their inconsistent description of government measures and their limited capacity to integrate evolving scientific developments on EUA vaccines into proportionality analysis. This thesis argues that when mandates concern Emergency Use Authorized COVID-19 vaccines, courts must abandon the formalistic distinction between “mandatory” and “compulsory” measures and instead focus on whether the practical consequences of non-compliance remove an individual’s genuine choice; where they do, the measure is coercive in substance and triggers the examination of proportionality. Drawing on …

The Mind Has A Firewall: An Attempt To Preserve Human Mind Integrity., Sayed G. Batran

Theses and Dissertations

This thesis argues for the recognition of mind integrity as a distinct human right. It contends that existing protections, such as bodily integrity, privacy, and freedom of thought, are no longer sufficient to shield an individual’s mental domain from new forms of external interference enabled by neurotechnology, artificial intelligence, and pervasive data-driven systems. Mind integrity is defined as the right to govern one’s own mental life—to form, revise, and hold thoughts, beliefs, and desires based on reasons one endorses—free from significant, non-consensual interference or manipulation, regardless of the method used. The thesis first identifies concrete risks and regulatory vacuums by …

Supreme Court Decision: Skrmetti And The Future Of Trans Rights, Floersheimer Center For Constitutional Democracy

2025–2026 Flyers

No abstract provided.

"Zekerheidsoverdracht & Zekerheidscessie", Ridwan Suselo

Jurnal Hukum & Pembangunan

Abstract

Sedikit Tentang Undang-Undang Pokok Agraria (U.U.P.A.) Dan Praktek Pelaksanaannya, Abdurahman S.H.

Jurnal Hukum & Pembangunan

Abstract

Pertanggungan Jawaban Hukum Mengenai Masalah "Tanah Oloran" "Tanah Bantaran" Pada Aliran Bengawan Solo, Wisnu Susanto

Jurnal Hukum & Pembangunan

Abstract

Aspek Hukum Pasar Modal (Bagian 2), Soemantoro Fhui

Jurnal Hukum & Pembangunan

Abstract

The Fallacies Of Originalism: Why Treating History And Tradition Alone As Dispositive Is Not Superior To The Tiers Of Scrutiny, Gage A. Johnson

Cleveland State Law Review

The goal of this Article is to develop the current history and tradition standard. I argue that the Bruen use of history and tradition is not a more principled or better way of interpreting the Constitution than the infamous tiers of scrutiny. This argument is supported by analyzing the way the Court has used history and tradition in reviewing restrictions on the Second Amendment and the push for it to be used under the First Amendment. I argue that Justice Thomas’s rigid application of history and tradition is essentially an ends-justifying-the-means analysis that is no different than the so called …

The Second Amendment Right To Bear Arms, Or Lack Thereof: Assessing The Prohibition Of Unlawful Immigrants From Possessing Firearms, Anna Egensperger

Et Cetera

This Note looks at the hot button issue of whether unlawful immigrants should have the constitutional right to bear arms. Thus far, the Circuit Courts have come to different conclusions which require the input of the United States Supreme Court. Although intertwined with political views, this Note attempts to take a non-partisan stance which prioritizes the application of case law and a consistent reading of the Constitution. To provide the full context of this issue, this Note begins by describing the facts and holding of Columbia v. Heller which creates the first test for establishing a right protected under the …

The Second Amendment, Illegal Aliens, And The Bruen Test: Defending The Constitutionality Of 18 U.S.C. § 922(G)(5), Ian Duncan

Cleveland State Law Review

This Note examines the constitutionality of 18 U.S.C. § 922(g)(5), which prohibits unlawful aliens from possessing firearms, under the Supreme Court’s text-and-history framework announced in New York State Rifle & Pistol Ass’n, Inc. v. Bruen and developed further in United States v. Rahimi. In the wake of Bruen, lower courts have fractured over how strictly to demand historical analogues and how to treat longstanding status-based restrictions in § 922, including prohibitions on possession by felons, domestic-violence offenders, and noncitizens. Against that backdrop, this Note argues that § 922(g)(5) is constitutionally sound.

Part I traces the development of Second …

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 …