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Why The Late Justice Scalia Was Wrong: The Fallacies Of Constitutional Textualism, Ken Levy 2017 Louisiana State University Law Center

Why The Late Justice Scalia Was Wrong: The Fallacies Of Constitutional Textualism, Ken Levy

Journal Articles

No abstract provided.


Returning To Roe: The Renewed Promise Of Whole Woman's Health, Cristina Salcedo 2017 Loyola Law School, Los Angeles

Returning To Roe: The Renewed Promise Of Whole Woman's Health, Cristina Salcedo

Loyola of Los Angeles Law Review

No abstract provided.


Why Some Religious Accommodations For Mandatory Vaccinations Violate The Establishment Clause, Hillel Y. Levin 2017 University of Georgia School of Law

Why Some Religious Accommodations For Mandatory Vaccinations Violate The Establishment Clause, Hillel Y. Levin

Scholarly Works

All states require parents to inoculate their children against deadly diseases prior to enrolling them in public schools, but the vast majority of states also allow parents to opt out on religious grounds. This religious accommodation imposes potentially grave costs on the children of non-vaccinating parents and on those who cannot be immunized. The Establishment Clause prohibits religious accommodations that impose such costs on third parties in some cases, but not in all. This presents a difficult line-drawing problem. The Supreme Court has offered little guidance, and scholars are divided.

This Article addresses the problem of religious accommodations that impose …


Voting Realism, Gilda R. Daniels 2017 University of Baltimore School of Law

Voting Realism, Gilda R. Daniels

All Faculty Scholarship

Since Shelby County v. Holder, the country has grown accustomed to life without the full strength of the Voting Rights Act. Efforts to restore Section 4 have been met with calls to ignore race conscious remedies and employ race neutral remedies for modern day voting rights violations. In this new normal, the country should adopt “voting realism” as the new approach to ensuring that law and reality work to address these new millennium methods of voter discrimination.


An Equal Rights Amendment For The Twenty-First Century: Bringing Global Constitutionalism Home, Julie C. Suk 2017 Benjamin N. Cardozo School of Law

An Equal Rights Amendment For The Twenty-First Century: Bringing Global Constitutionalism Home, Julie C. Suk

Articles

The last few years have seen a renewed push to constitutionalize sex equality in the United States. A generation after the federal Equal Rights Amendment (ERA) failed to be ratified by the requisite number of states, the ERA is on the platform of the 2017 Women's March on Washington. Oregon added a sex equality guarantee to its state constitution in 2014, joining 22 state constitutions and most constitutions around the world. Feminist coalitions, Hollywood celebrities, and members of Congress are vocally endorsing an ERA revival. Why is an ERA desired now, when judges have interpreted the Fourteenth Amendment to prohibit …


Take The Fifth... Please!: The Original Insignificance Of The Fifth Amendment's Due Process Of Law Clause, Gary S. Lawson 2017 Boston Univeristy School of Law

Take The Fifth... Please!: The Original Insignificance Of The Fifth Amendment's Due Process Of Law Clause, Gary S. Lawson

Faculty Scholarship

The Fifth Amendment’s Due Process of Law Clause adds nothing to the Constitution’s original meaning. Every principle for limiting federal executive, judicial, and even legislative powers that can plausibly be attributed to the idea of “due process of law” – from the principle of legality forbidding executive or judicial action in the absence of law to the requirement of notice before valid judicial judgments to a limitation on arbitrary governmental action that today goes under the heading of “substantive due process” – is already contained in the text and structure of the Constitution of 1788. The Fifth Amendment Due Process …


The Due Process Bona Fides Of Executive Self-Pardons And Blanket Pardons, Peter Brandon Bayer 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Due Process Bona Fides Of Executive Self-Pardons And Blanket Pardons, Peter Brandon Bayer

Scholarly Works

Contrary to much commentary and possibly some seemingly settled law, this essay argues that an American President (or a similarly situated state officer or office) may issue individual and "blanket"-or mass-clemency benefiting classes of named or unnamed individuals, and in addition may pardon himself, but only if doing so comports with the principles of fundamental fairness that define due process of law under the Constitution's Fifth and Fourteenth Amendments. Accordingly, the Constitution permits acts of clemency to foster mercy, compassion, and forgiveness, or to promote the purported best interests of the nation, or even to further an executive's political advantages, …


Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann 2016 Indiana Tech Law School

Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


The Bad, The Ugly, And The Uglier: How Fear And Misconceptions Are Flushing Away Equal Rights And Treatment For Transgender People, Laura Falco 2016 Texas A&M University School of Law

The Bad, The Ugly, And The Uglier: How Fear And Misconceptions Are Flushing Away Equal Rights And Treatment For Transgender People, Laura Falco

Tennessee Journal of Race, Gender, & Social Justice

Our country has gone through multiple social changes over the years, and now we find ourselves in the middle of another change—one involving the transgender community. This community is and has been continuously fighting for equal rights and treatment. It is 2016 and the fight for equal rights in our country is at a tipping point. A tip in one direction would constitute a huge step in the fight for equal rights, but a tip in the other direction could result in unprecedented effects on transgender individuals and the rest of the LGBTQ community. The LGBTQ community just wants the …


Thompson V. Shapiro: Residence Requirements And The Right To Life, 2016 St. John's University School of Law

Thompson V. Shapiro: Residence Requirements And The Right To Life

The Catholic Lawyer

No abstract provided.


Brief For Amici Curiae Legal Historians In Support Of Petitioners, Hernandez V. Mesa, No. 15-118 (U.S. Dec. 12, 2016), Richard L. Aynes, Michael Kent Curtis, Paul Finkelman, Stephen E. Gottlieb, Wilson R. Huhn, Rebecca E. Zietlow 2016 University of Akron School of Law

Brief For Amici Curiae Legal Historians In Support Of Petitioners, Hernandez V. Mesa, No. 15-118 (U.S. Dec. 12, 2016), Richard L. Aynes, Michael Kent Curtis, Paul Finkelman, Stephen E. Gottlieb, Wilson R. Huhn, Rebecca E. Zietlow

Con Law Center Amicus Briefs

This case is about cross-border responsibilities of U.S. government agents. Accordingly your amici seek to explain the history and meaning of the Due Process Clauses as they apply to any “person.”

The meaning of any person affects whether there is legal responsibility for the intentional cross-border killing of a fifteen-year old boy by a government agent who had “no reason to suspect. . . had committed any crime or engaged in any conduct that justify the use of force, let alone deadly, force,” and for whose death there was “no apparent justification,” Hernandez v. United States, 785 F.3d 117, …


Statute Requiring Period Of Residency For Receipt Of Welfare Benefits Held Violative Of The Equal Protection Clause, 2016 St. John's University School of Law

Statute Requiring Period Of Residency For Receipt Of Welfare Benefits Held Violative Of The Equal Protection Clause

The Catholic Lawyer

No abstract provided.


Sit-In Conduct Held Constitutionally Protected, 2016 St. John's University School of Law

Sit-In Conduct Held Constitutionally Protected

The Catholic Lawyer

No abstract provided.


Payment Of A Fee As An "Electoral Standard" Held Violative Of Fourteenth Amendment, 2016 St. John's University School of Law

Payment Of A Fee As An "Electoral Standard" Held Violative Of Fourteenth Amendment

The Catholic Lawyer

No abstract provided.


The Constitutionality Of Prison Privatization: An Analysis Of Prison Privatization In The United States And Israel, Stacey Jacovetti 2016 Cleveland-Marshall College of Law

The Constitutionality Of Prison Privatization: An Analysis Of Prison Privatization In The United States And Israel, Stacey Jacovetti

Global Business Law Review

This note analyzes the constitutionality of the current state of prison privatization in the United States under the non-delegation doctrine and the due process clause. Furthermore, this note analyzes the Israeli Supreme Court's ruling holding prison privatization as unconstitutional under the Basic Law of the Right to Human Dignity and Liberty. Subsequently, an argument is made that the current authority for the utilization of private prisons in the United States is insufficient to establish the use of private prisons as constitutional. As such, this note argues that the overall scheme of privatization should provide for more detailed contracts--similar to those …


The Constitutionality Of Racially Integrative Purpose, Elise C. Boddie 2016 Rutgers Law School

The Constitutionality Of Racially Integrative Purpose, Elise C. Boddie

Cardozo Law Review

The article explores the constitutionality of policies that are race-neutral on their face but are designed to include historically marginalized racial groups, arguing that such policies are presumptively constitutional. The author suggests that the Supreme Court, influenced by Justice Kennedy's opinions, is increasingly accepting these policies as constitutional if they promote racial integration without using race-specific means.


State Not Required To Provide Counsel On Appeal To Supreme Court, 2016 St. John's University School of Law

State Not Required To Provide Counsel On Appeal To Supreme Court

The Catholic Lawyer

No abstract provided.


Beware The Friends You Keep And The Places You Sleep: The Fourth Amendments Limited Protection Over Visitors And Their Belongings, Alysha C. Preston 2016 St. John's University School of Law

Beware The Friends You Keep And The Places You Sleep: The Fourth Amendments Limited Protection Over Visitors And Their Belongings, Alysha C. Preston

St. John's Law Review

(Excerpt)

This Note concludes that the Arizona Supreme Court correctly applied the possession test and strongly urges the Supreme Court to address the issue and follow in Arizona’s footsteps. The possession test not only provides the best guidance for both officers and courts, but also provides the most precision and clarity. More importantly, this approach aligns with current Supreme Court case law and conforms to established Fourth Amendment principles. Holding otherwise would gravely undermine policy, disregard current precedents, and undervalue the sole purpose for the Fourth Amendment’s existence: to protect one’s reasonable expectation of privacy. Part I examines the scope …


De Jure Integration In Education, Bernard E. Gegan 2016 St. John's University School of Law

De Jure Integration In Education, Bernard E. Gegan

The Catholic Lawyer

No abstract provided.


The Proposed Prayer And Bible-Reading Amendments: Contrasting Views, William J. Kenealy, S.J., William B. Ball 2016 St. John's University School of Law

The Proposed Prayer And Bible-Reading Amendments: Contrasting Views, William J. Kenealy, S.J., William B. Ball

The Catholic Lawyer

No abstract provided.


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