Constitutional Law Commons^™

Taking Responsibilities As Well As Rights Seriously, James E. Fleming

Faculty Scholarship

In his first book, Ronald Dworkin famously called for “taking rights seriously” by treating them as “trumps” over considerations of utility or the general welfare.1 Taking Rights Seriously (along with other works) provoked calls for taking responsibilities as well as (or instead of) rights seriously, or for engaging in “responsibility talk,” not just “rights talk.”2 In Life’s Dominion, Dworkin himself got on the responsibility bandwagon in justifying the right to procreative autonomy and the right to die.3 He countenanced that government may encourage women to take the decision whether to have an abortion responsibly, so long as it does not …

The Legitimacy Of The Juridical: Constituent Power, Democracy, And The Limits Of Constitutional Reform, Joel Colon-Rios

Osgoode Hall Law Journal

This article asks and answers the question of what conditions must be met for a constitutional regime to enjoy democratic legitimacy. It argues that the democratic legitimacy of a constitutional regime depends on its susceptibility to democratic re-constitution. In other words, it argues that a constitution must provide an opening, a means of egress for constituent power to manifest from time to time. In developing this argument, the article advances a distinction between ordinary constitutional reform -- understood as subject to certain limits -- and the exercise of constituent power through which a society produces novel juridical forms without being …

Towards Equal Footing: Responding To The Perceived Constitutional, Legal And Practical Impediments To Statehood For The District Of Columbia, Johnny Barnes

University of the District of Columbia Law Review

No abstract provided.

Bringing Home The Bacon: A Two-Pronged Approach To Transparent And Effective Congressional Earmarking, Kimberly S. Pulick

University of the District of Columbia Law Review

Earmarks signify the process of Congressional allocation of Treasury funds to selected projects or persons by individual Congress members without oversight, without any merit-based allocation process, and often, anonymously. It is a process authorized by the United States Constitution which requires Congress to supervise and direct all appropriations of money from the U.S. Treasury.1 Although a large proportion of funds are allocated to federal agencies, the remainder is available to members of Congress for special projects or persons as earmarks. Because members of Congress have had the power to earmark projects and persons without supervision and without attaching their names …

The Intersection Of Constitutional Law And Civil Procedure: Review Of Wholesale Justice—Constitutional Democracy And The Problem Of The Class Action Lawsuit, Douglas G. Smith

NULR Online

Much ink has been spilled over the class action device. Commentators have thoroughly analyzed both the plain language and intent behind the federal rules authorizing the aggregation of claims in a single lawsuit as well as the policy implications of the class action in both theory and practice. Seldom does a work break new ground in a field that has been plowed as often as that of class actions. Martin Redish’s Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit is the rare exception.

In Wholesale Justice, Professor Redish provides a thorough analysis of the constitutional …

March 29, 2010: The New Neo-Hasidism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The New Neo-Hasidism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 26, 2010: The New Neo-Hasidism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The New Neo-Hasidism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 24, 2010: The Legal Attack On Healthcare Reform, Bruce Ledewitz

Hallowed Secularism

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

March 21, 2010: The Pledge Of Allegiance Debate, Bruce Ledewitz

Hallowed Secularism

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

March 19, 2010: Why Fight About The Pledge Of Allegiance?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why fight about the Pledge of Allegiance?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Laying Privileges Or Immunities To Rest: Mcdonald V. City Of Chicago, B. Aubrey Smith

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Jerusalem Open House For Gay Pride V. Jerusalem Municipality, Isaac Amit, Esther Hayut, Hanan Melcer

Translated Opinions

Facts: The Jerusalem municipality (the respondent) provides financial support to various institutions throughout the city. Institutions requesting funding are required to apply to the different municipality departments that distribute the funds, in accordance with prescribed criteria. The appellant is a registered charity that works for the gay community in the city; it operates a community center in Jerusalem for the gay community, and conducts a series of annual gay pride events in the city, including the annual gay pride parade. During the years 2005 through 2008, the appellant requested financial support from the respondent by filing applications with the …

Constitutionalism: A Skeptical View, Jeremy Waldron, Georgetown University Law Center

Philip A. Hart Memorial Lecture

On March 17, 2010, Professor Waldron, University Professor and Professor of Law at New York University, Chichele Chair of Social and Political Theory at All Souls College, Oxford delivered the Georgetown Law Center’s thirtith annual Philip A. Hart Lecture: “ Constitutionalism: A Skeptical View.”

Professor Waldron teaches legal and political philosophy at New York University School of Law. He was previously University Professor in the School of Law at Columbia University. He holds his NYU position conjointly with his position as Chichele Professor of Social and Political Theory at the University of Oxford (All Souls College). For 2011-2013, he is …

March 16, 2010: The Dems Had Better Pass Healthcare Reform, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Dems Had Better Pass Healthcare Reform“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

American Needle, Inc. V. Nfl: Professional Sports Leagues And “Single-Entity” Antitrust Exemption, M. Scott Leblanc

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

March 14, 2010: The Cascade Of Nontheistic Religion, Bruce Ledewitz

Hallowed Secularism

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

March 12, 2010: “In God We Trust” Upheld By The Ninth Circuit, Bruce Ledewitz

Hallowed Secularism

Blog post, “ “In God We Trust” Upheld by the Ninth Circuit“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 10, 2010: Sticking With The Bible At The Tikkun Phone-In, Bruce Ledewitz

Hallowed Secularism

Blog post, “Sticking with the Bible at the Tikkun phone-in“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 6, 2010: Calling All Secularists Monday Night, Bruce Ledewitz

Hallowed Secularism

Blog post, “Calling all secularists Monday night“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 4, 2010: “Under God” As Identity Politics, Bruce Ledewitz

Hallowed Secularism

Blog post, ““under God” as Identity Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.