Constitutional Law Commons^™

Brief For The National Association Of Social Workers And The Ohio Chapter Of The National Association Of Social Workers As Amici Curie In Support Of Petitioners, No. 13-933, United States Supreme Court (Mar. 6, 2014), Doron M. Kalir, Carolyn I. Polowy

Law Faculty Briefs and Court Documents

NASW's first argument is simple. To protect children from abuse - a major congressional and state legislative goal - this Court should apply qualified immunity to protect social workers from personal liability where a reasonable decision has been made to remove a child without a warrant.

NASW's second argument is equally cogent. DeShaney was decided 25 years ago. Since then, this Court's "continued silence" on the issue, Kovacic, 724 F.3d at 708 (Sutton, J., dissenting), has failed "to provide guidance to those charged with the difficult task of protecting child welfare within the confines of the Fourth Amendment." Camreta v. …

Environmental Controversies “Between Two Or More States”, Robert D. Cheren

Pace Environmental Law Review

The United States Supreme Court plays a unique and important role in resolving environmental controversies that arise among the several states states and in enforcing environmental compacts formed by states with the assent of Congress.

The powers of Congress and the states to unilaterally resolve environmental controversies between states are constitutionally limited. But there are two plenary constitutional mechanisms for resolving environmental controversies among the states: (1) litigation under the original jurisdiction of the Supreme Court over controversies between two or more states; and (2) negotiation of compacts between states with Congressional assent that are enforceable against states by Acts …

March 4, 2014: Ross Douthat’S Surrender Column, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ross Douthat’s Surrender Column“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Brown V. Plata: The Struggle To Harmonize Human Dignity With The Constitution, Benjamin F. Krolikowski

Pace Law Review

In Plata, the Supreme Court, in an opinion authored by Justice Anthony Kennedy, held that prisoners alleging conditions of confinement claims retain some degree of human dignity despite their lawful incarceration. Accordingly, federal courts must enforce the constitutional rights of prisoners when they are violated, even if this culminates in the release of some individuals from captivity. This is in stark contrast to previous cases where the federal courts have simply deferred to the judgment of prison administrators. Plata emphatically affirms the judiciary’s role in protecting prisoners’ rights, noting that court inaction in the face of ongoing and persistent constitutional …

March 1, 2014: The Attack On Douglas Laycock, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Attack on Douglas Laycock“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Constitutional Interpretation And History: New Originalism Or Eclecticism?, Stephen M. Feldman

Brigham Young University Journal of Public Law

The goal of originalism has always been purity. Originalists claim that their methods cleanse constitutional interpretation of politics, discretion, and indeterminacy. The key to attaining purity is history. Originalist methods supposedly discern in history a fixed constitutional meaning. Many originalists now claim that the most advanced method—the approach that reveals the purest constitutional meaning—is reasonable-person originalism. These new originalists ask the following question: When the Constitution was adopted, how would a hypothetical reasonable person have understood the text? This Article examines historical evidence from the early decades of nationhood to achieve two goals. First, it demonstrates that reasonable-person originalism is …

Celebrity, Justice, And The American Way: Alter Egos And The Right Of Publicity, Brad Desnoyer

Faculty Works

No abstract provided.

Genetics, Race And Substantive Due Process, Christian B. Sundquist

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Lawless Rule Of The Norm In The Government Religious Speech Cases, Kyle Langvardt

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Recent History Of Gerrymandering In Florida: Revitalizing Davis V. Bandemer And Florida’S Constitutional Requirements On Redistricting, Devon Ombres

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe

Cornell Law Faculty Publications

When should a constitutional democracy allow private associations to discriminate? That question has become prominent once again, not only in the United States but abroad as well. John Inazu provides a provocative answer in his impressive Article, The Four Freedoms and the Future of Religious Liberty. According to his proposal, “strong pluralism,” associations should have a constitutional right to limit membership on any ground, including race. Strong pluralism articulates only three limits: It does not apply to the government, to commercial entities, or to monopolistic groups. In this Response, I raise four questions about Four Freedoms. First, I ask why …

Pretrial Detention And The Right To Be Monitored, Samuel R. Wiseman

Scholarly Publications

Although detention for dangerousness has received far more attention in recent years, a significant number of non-dangerous but impecunious defendants are jailed to ensure their presence at trial due to continued, widespread reliance on a money bail system. This Essay develops two related claims. First, in the near term, electronic monitoring will present a superior alternative to money bail for addressing flight risk. In contrast to previous proposals for reducing pretrial detention rates, electronic monitoring has the potential to reduce both fugitive rates (by allowing the defendant to be easily located) and government expenditures (by reducing the number of defendants …

The Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe

Washington and Lee Law Review

No abstract provided.

How Roe V. Wade Was Written, David J. Garrow

Washington and Lee Law Review

No abstract provided.

Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler

Washington and Lee Law Review

No abstract provided.

Re-Reading Roe V. Wade, Richard S. Myers

Washington and Lee Law Review

No abstract provided.

Abortion Exceptionalism And Undue Burden Preemption, Caitlin E. Borgmann

Washington and Lee Law Review

No abstract provided.

Roe, Casey, And Sex-Selection Abortion Bans, Thomas J. Molony

Washington and Lee Law Review

No abstract provided.

If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith

Washington and Lee Law Review

No abstract provided.

Previability Abortion And The Pain Of The Unborn, Teresa S. Collett

Washington and Lee Law Review

No abstract provided.