Constitutional Law Commons^™

Israel's Constitutional Tragedy, Menachem Lorberbaum

Touro Law Review

No abstract provided.

Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston

Touro Law Review

No abstract provided.

Navigating The Space Between Dueling Sovereigns, Miriam Galston

Touro Law Review

No abstract provided.

Divided Loyalties: The Problem Of “Dual Sovereignty” And Constitutional Faith, Sanford Levinson

Touro Law Review

Sanford Levinson provides the inaugural lecture of the new Jewish Law Institute at Touro Law School. He focuses on some of the ways that he finds himself constantly thinking of what might be termed "meta-issues" that arise in his joint study of, and intellectual confrontation with, Jewish law and American constitutional law.

The Moonscape Of Tax Equality: Windsor And Beyond, Anthony C. Infanti

NULR Online

No abstract provided.

State Action Problems, Christian Turner

Florida Law Review

The state action doctrine is a mess. Explanations for why federal courts sometimes treat the private actions of private parties as public actions subject to the Constitution, as the Supreme Court did in Shelley v. Kraemer, are either vastly over-inclusive or fail to explain our law and values. A better approach is to understand the state action doctrine in institutional terms. I introduce a two-step, institutionally focused state action theory that is a natural consequence of a broader public–private theory of legal systems. In the first step, a court identifies a “state action problem,” meaning a privately made law …

The First Amendment, Equal Protection And Felon Disenfranchisement: A New Viewpoint, Janai S. Nelson

Florida Law Review

This Article engages the equality principles of the First Amendment and the Equal Protection Clause to reconsider the constitutionality of one of the last and most entrenched barriers to universal suffrage—felon disenfranchisement. A deeply racialized felon disenfranchisement is additionally and independently a legislative problem, judgment as to which citizen’s ideas are worthy of inclusion in the electorate. Relying on a series of cases involving state interests in protecting the ballot and promoting its intelligent use, this Article demonstrates that felon disenfranchisement is open to attack under the Supreme Court’s fundamental rights jurisprudence when it is motivated by a desire to …

Constitutional Authority Statements In Congress, Hanah Metchis Volokh

Florida Law Review

The structure of this Article is as follows. Part I discusses Congress’s authority and institutional capacity to interpret the Constitution. Part II situates constitutional authority statements within existing debates over constitutional interpretation outside the courts. Congress must necessarily make decisions about constitutional meaning when it legislates. Most scholars believe Congress has at least some independent authority to interpret the Constitution, while others think Congress should follow Supreme Court doctrine even when Congress disagrees. Regardless of which theory is correct, Congress needs to consider constitutionality (however defined) when legislating. CASs increase Congress’s capacity to do so by creating an institutional mechanism …

Wael & Co. V. National Water And Sewage Authority, Salim Joubran, Neal Hendel, Elyakim Rubinstein

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

An appeal addressing the Water (Extraction Levy) Regulations, 5760-2000, in the framework of which the extent of the water levies for extracting water in Israel were prescribed (hereinafter: the "Water Regulations" or the "Regulations"), the legality thereof and the validity of the process of promulgation thereof. The main question in the matter at hand relates to whether or not, pursuant …

October 5, 2013: Break From Blogging, Bruce Ledewitz

Hallowed Secularism

Blog post, “Break from Blogging“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Summary Of North Lake Tahoe Fire V. Washoe County Commissioners, 129 Nev. Adv. Op. 409, Erica Nannini

Nevada Supreme Court Summaries

The court determined two issues: (1) whether County Commissioners’ actions withholding property tax distributions to offset the cost of refunds was proper under Nevada’s current statutory scheme; and (2) whether judicial interference in this matter is precluded by the political question doctrine.

October 2, 2013: The Sharing Economy, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Sharing Economy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Ornan V. Ministry Of The Interior, Uzi Vogelman, Hanan Melcer, Asher Grunis

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The Appellants – Israeli citizens registered in the Population Registry as members of different nationalities (some registered as Jewish, and some as members of other nationalities: Arab, Druze, Buddhist, Burmese, etc.) – petitioned the Jerusalem District Court for a declaratory order stating that they are members of an Israeli nationality, in hopes that such a decision would serve as official document for modifying the …

Doma's Ghost And Copyright Reversionary Interests, Brad A. Greenberg

NULR Online

No abstract provided.

Secondary Speech And The Protective Approach To Interpretive Dualities In The Roberts Court, Nat Stern

Scholarly Publications

No abstract provided.

The Liberty Of The Church: Source, Scope And Scandal, Patrick Mckinley Brennan

Working Paper Series

This article was presented at a conference, and is part of a symposium, on "The Freedom of the Church in the Modern Era." The article argues that the liberty of the Church, libertas Ecclesiae, is not a mere metaphor, pace the views of some other contributions to the conference and symposium and of the mentality mostly prevailing over the last five hundred years. The argument is that the Church and her directly God-given rights are ontologically irreducible in a way that the rights of, say, the state of California or even of the United States are not. Based on a …

Constitutional Conundrums In Arbitration: Book Review Of Arbitration And The Constitution, S. I. Strong

Faculty Publications

The combination of arbitration and constitutional law is the topic of Professor Peter Rutledge's new book, and the focus of this review essay, which will consider, among other things, whether these two subjects are compatible.

A New American Dilemma?: U.S. Constitutionalism Vs. International Human Rights, Stanley N. Katz

University of Miami Law Review

No abstract provided.

"We The People," Constitutional Accountability, And Outsourcing Government, Kimberly L. Wehle

All Faculty Scholarship

The ubiquitous outsourcing of federal functions to private contractors, although benign in the main, raises the most fundamental of constitutional questions: What institutions and actors comprise the "federal government" itself? From Abu Ghraib to Blackwater, a string of scandals has heightened public awareness that highly sensitive federal powers and responsibilities are routinely entrusted to government contractors. At the same time, the American populace seems vaguely aware that, when it comes to ensuring accountability for errors and abuses of power, contractors occupy a special space. The fact is that myriad structural and procedural means for holding traditionally government actors accountable do …

Let Ivf Take Its Course: Reconceiving Procreative Liberty For The Twenty-First Century, Christine E. White

Student Articles and Papers

No abstract provided.