Constitutional Law Commons^™

Where California Went Wrong With The Amazon Tax: Application Of Due Process And Commerce Clause Jurisprudence To State Use Tax Collection Requirements Imposed On Out-Of-State Internet Retailers, Andrew T. Cannon

UC Law Constitutional Quarterly

California recently enacted legislation that aims to collect revenue from a novel source: out-of-state internet retailers. The statute achieves this goal by imposing greater responsibilities for collection of use taxes on these retailers. While the State's objective is laudable, the new law missed the mark from the start. The use tax collection law makes an exception for out-of-state online retailers that engage in their business through Google, Inc., an internet business having an obvious California nexus. This Note analyzes long-standing and recent case authority and legislative policy to provide an alternative that will better meet the State's needs.

Robert Cumming Schenck: Ohio's Bitter, Fearless Fighter, Devin C. Capece

The 39th Congress Project

No abstract provided.

The United States Supreme Court Sanctifies The Ministerial Exception In Hosanan-Tabor V. Eeoc Without Addressing Who Is A Minister: A Blessing For Religious Freedom Or Is The Line Between Church And State Still Blurred, Lauren N. Woleslagle

Duquesne Law Review

No abstract provided.

My Fellow Americans, We Are Going To Kill You: The Legality Of Targeting And Killing U.S. Citizens Abroad, Mike Dreyfuss

Vanderbilt Law Review

Silent and cold. At twenty thousand feet, the temperature is minus ten degrees Fahrenheit. At almost a thousand miles per hour, sound cannot keep up. Heat and noise struggle in the turbulence. Three miles away, seven thousand miles from American soil, an American citizen driving an empty road has ten seconds to live. As a leader in an organization actively engaged in armed conflict against the United States, this American citizen has become an enemy of the United States. In response to the threat he poses to his fellow Americans, his government added him to a kill list, targeted him, …

Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Mckinley Brennan

Working Paper Series

This is my Introduction to Legal Affinities: Explorations in the Legal Form of Thought (forthcoming 2012) (co-edited with H. Jefferson Powell and Jack Sammons), a volume of essays dedicated to exploring the work of Joseph Vining. The Introduction introduces Vining’s phenomenology of law and surveys the themes and topics developed by the volume’s eight authors: Joseph Vining, Judge John T. Noonan, Jr., Rev. John McCausland, H. Jefferson Powell, Jack Sammons, Steve Smith, James Boyd White, and Patrick Brennan.

Media Liability For Incitement And True Threats Under California Abortion Provider Privacy Law, Aditi Mukherji

UC Law Constitutional Quarterly

To keep up with the evolving methods of radical antiabortion tactics in the digital age, the California Legislature enacted Government Code Section 6218 and related provisions. The statute imposes civil penalties on any person who posts online specific personal information about abortion providers or patients with the intent to threaten or incite violence against a provider or patient. Apart from Section 6218.01, however, Section 6218 does not expressly confront the issue of media liability under the statute. This Note explores the probable result of a Section 6218 claim were a member of the press to releases personal information online about …

The Elephant In The Room: Gonduct, Groups, And Lawrence V. Texas, Elliot Wong

UC Law Constitutional Quarterly

In its landmark 2003 decision of Lawrence v. Texas, the United States Supreme Court articulated that a ban on homosexual sexual conduct had a meaningful and negative effect on the lives of homosexuals. So significant was the effect on homosexuals that ultimately the Court declared the ban on the underlying conduct unconstitutional.

Following Lawrence, courts and commentators have questioned the true effects of the Court's broad language. The Court's opinion relies heavily on the adverse practical effect the ban had on homosexual persons. But what exactly did Texas' unconstitutional law really target? Was it homosexuals as a group, was it …

Routine Body Scanning In Airports: A Fourth Amendment Analysis Focused On Health Effects, Rebekka Murphy

UC Law Constitutional Quarterly

In the beginning of 2011, the United States Transportation and Security Administration ("TSA") gave notice that it would begin using Advanced Imaging Technology ("AIT") to screen all passengers travelling in airports. While the TSA has an unquestionably important function of detecting on-body explosives and thereby augments flight safety, the use of AIT has been controversial and has raised health concerns. This Note analyzes the special needs doctrine and argues TSA officials must have a reasonable suspicion before scanning passengers so long as AIT health effects are not properly understood. Until independent scientific research can establish that advanced imaging technologies do …

Under The Lens Of The Constitution: The Ndaa's Detainee Provisions And The Fifth Amendment's Guarantee Of Equal Protection, Stephen Consuegra

St. Thomas Law Review

The crux of this article discusses Congress's passage of the unequal detainee provisions under the NDAA and its equal protection issues under the Fifth Amendment to the Constitution. Part II begins with a discussion on the impetus for congressional passage of the Authorization for Use of Military Force ("AUMF") and its development under the laws of war. Next, Part III analyzes United States Supreme Court precedent that previously interpreted the scope of presidential power under the AUMF and explores its implications for purposes of understanding the NDAA's detainee provisions. Part IV follows with a discussion on the NDAA's detainee provisions, …

Requiring The State To Justify Supermax Confinement For Mentally Iii Prisoners: A Disability Discrimination Approach, Brittany Glidden, Laura L. Rovner

Sturm College of Law: Faculty Scholarship

The Eighth Amendment has long served as the traditional legal vehicle for challenging prison conditions, including long-term isolation or “supermax” confinement. As described by Hafemeister and George in their article, The Ninth Circle of Hell: An Eighth Amendment Analysis of Imposing Prolonged Supermax Solitary Confinement on Inmates with a Mental Illness, some prisoners with mental illness have prevailed in Eighth Amendment challenges to prolonged isolation. Yet an equal or greater number of these claims have been unsuccessful. This Essay considers why some of these cases fail, and suggests that one reason is that Eighth Amendment jurisprudence does not contain a …

Michael S. Greve's The Upside-Down Constitution (Book Review), James A. Gardner

Book Reviews

No abstract provided.

Facing The Fear: A Free Market Approach For Economic Expression, Nancy J. Whitmore

Scholarship and Professional Work - Communication

Commentators differ on whether a diminished constitutional status for profit-driven speech is consistent with free speech theory. Most recently, the Supreme Court of the United States in Citizens United v. Federal Election Commission largely embraced an unfettered marketplace approach for political speech financed by corporate treasuries. Given the harm a free market approach is said to have produced in the economic realm, is this approach useful for structuring the constitutional protection economic expression receives? This article discusses the placement of economic expression within First Amendment theory and contends that restrictions on economic speech should be aimed at combating deceptive economic …

Sorrell V. Ims Health And The End Of The Constitutional Double Standard, Ernest A. Young

Faculty Scholarship

No abstract provided.

Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts, 45 J. Marshall L. Rev. 601 (2012), John D. Blum, Gayland O. Hethcoat Ii

UIC Law Review

No abstract provided.

Medical Provider Claims: Standing, Assignments, And Erisa Preemption, 45 J. Marshall L. Rev. 861 (2012), Kevin Wiggins

UIC Law Review

No abstract provided.

Mommy, Where Is Home: Imputing Parental Immigration Status And Residency For Undocumented Immigrant Children, 45 J. Marshall L. Rev. 991 (2012), Johanna K.P. Dennis

UIC Law Review

No abstract provided.

Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), 45 J. Marshall L. Rev. 1023 (2012), Susan Bendlin

UIC Law Review

No abstract provided.

Guy Fawkes's Dangerous Remedy: The Unconstitutionality Of Government-Ordered Assassination Against U.S. Citizens And Its Implications For Due Process In America, 45 J. Marshall L. Rev. 1121 (2012), Emily Kendall

UIC Law Review

No abstract provided.

Lotteries And Public Policy In American Law, 46 J. Marshall L. Rev. 37 (2012), Stephen Leacock

UIC Law Review

No abstract provided.

Fair For Whom? Amazon Kindles The Fight Over Internet Sales Tax, 46 J. Marshall L. Rev. 357 (2012), Matthew Martin

UIC Law Review

No abstract provided.