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Constitutional Law

Constitutional Law Prof Blog

News, analysis, and commentary on constitutional law issues in the courts, the administration, Congress, and the states; and commentary and analysis on constitutional law scholarship.
By Steven D. Schwinn, Ruthann Robson, Nareissa L. Smith

Post Frequency: 3.1/day

Last Entry: November 04, 2020 at 10:04:25

Panel Presentations on Christian Legal Society v. Martinez

Posted on April 15, 2010
In anticipation of the oral arguments before the United States Supreme Court next Monday in Christian Legal Society v. Martinez, a case arising at Hastings Law School, both the Federalist Society and the American Constitution Society have held panels discussing...

President Obama Declares National Emergency to Deal with Somalia

Posted on April 14, 2010
President Obama issued an executive order today declaring a national emergency to deal wtih the "unusual and extraordinary threat to the national security and foreign policy of the United States" by "the deterioration of the security situation and the persistence...

Denny Chin (and other) Nominations for Federal Court Judgeships

Posted on April 14, 2010
Judge Denny Chin (pictured right), presently a United States District Judge for the Southern District of New York and well-known outside the district for presiding over the Bernie Madoff trial, was nominated for the Second Circuit by President Obama last...

AG Holder Before the Senate Judiciary Committee

Posted on April 13, 2010
The Senate Judiciary Committee will hold an oversight hearing on the Department of Justice tomorrow at 9:30 a.m. featuring testimony by AG Eric Holder. The hearing was rescheduled from March 23; it'll be webcast here. SDS

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Federal Income Tax and the Sixteenth Amendment

Posted on April 12, 2010
With April 15 nearly upon us, we thought we'd take a look at some of the rhetoric and initiatives challenging the federal government's authority to lay and collect income taxes. The Sixteenth Amendment, of course, authorizes Congress to impose an...

Hutchinson on Racial Inequality and Identities

Posted on April 12, 2010
Darren Hutchinson, ConLawProf at American University and author of the popular Dissenting Justice blog, will be speaking at CUNY School of Law, April 19, 2010 at 6pm. RSVP required: nyclr@mail.law.cuny.edu. RR

Gans and Kendall on Corporate Personhood in American Law

Posted on April 12, 2010
David Gans and Douglas Kendall of the Constitutional Accountability Center recently released the third narrative in the Center's series on Text and History, titled A Capitalist Joker: The Strange Origins, Disturbing Past and Uncertain Future of Corporate Personhood in American...

Johnsen Withdraws Her Nomination to Lead the OLC

Posted on April 10, 2010
Professor Dawn Johnsen (Indiana) on Friday withdrew her nomination to lead the Justice Department's Office of Legal Counsel. The NYT reports here. We've posted on Johnsen's nomination most recently here and here; we posted on her article What's a President...

The Constitution and the Long War

Posted on April 10, 2010
The Peter Jennings Project for Journalists and the Constitution at the National Constitution Center last month hosted a discussion titled "The Constitution and the Long War" between General Jack Keane, retired four-star general and former vice chief of staff of...

Stevens' Anomaly: Rethinking Equal Protection and Affirmative Action

Posted on April 09, 2010
With Justice Stevens' announced retirement, it is a fitting time to consider his contribution to constitutional law, doctrinally, theoretically, and pedagogically. One of Stevens' contributions in the equal protection area is his famous "anomaly." Dissenting in Adarand Constructors, Inc...

Stevens Announces Retirement

Posted on April 09, 2010
Justice Stevens' announcement of his retirement has been long anticipated. This morning, CJ Roberts announced the retirement at the end of the present term. As the NYT phrases it, the resignation of the "leader of the liberals" on the Court...

How Democratic is the Constitution?

Posted on April 08, 2010
Loyola University (Chicago) School of Law is organizing a constitutional law colloquium titled How Democratic is the Constitution? on Friday and Saturday, November 5 and 6, 2010, at the Philip H. Corboy Law Center in Chicago. Organizers Professors Alexander Tsesis...

Shesol on SCOTUSblog

Posted on April 08, 2010
Jeff Shesol will be on SCOTUSblog tomorrow (Friday, 4/9) at 2:00 p.m. Eastern for a half-hour live chat about his new book, Supreme Power: Franklin Roosevelt v. the Supreme Court. We posted on Shesol's book here; his web-site is here....

Hate Speech (Song) Controversy in South Africa

Posted on April 08, 2010
A song of struggle against Apartheid or a song inciting racial violence? That's the question being debated in the courts and in the press of South Africa. In late March, the South Gauteng High Court reportedly ruled that the famous...

Women and the Supreme Court Bar: Panel at Georgetown

Posted on April 08, 2010
Justice Ginsburg, Pamela Karlan (widely mentioned as a potential SCOTUS nominee and pictured right), Patricia Millett and Virginia Seitz will discuss Supreme Court practice and "take on the issue of gender diversity in the Supreme Court Bar, addressing obstacles to...

The State Constitutionality of Med Mal Damage Caps

Posted on April 07, 2010
The Georgia Supreme Court last month in Atlanta Oculoplastic Surgery v. Nestlehutt overturned the state medical malpractice noneconomic damage cap provision under the state constitutional right to trial by jury. The provision limited noneconomic damages to $350,000...

Presidential Succession Conference at Fordham Law

Posted on April 06, 2010
"The Adequacy of the Presidential Succession System in the 21st Century: Filling the Gaps and Clarifying the Ambiguities in Constitutional and Extraconstitutional Arrangements" is the title of a Conference to be held at Fordham Law on April 16 and 17,...

Right To Intimate Association in Eleventh Circuit

Posted on April 06, 2010
Senior Judge Phyllis Kravitch (pictured left) authored a unanimous opinion for a panel of the Eleventh Circuit Court of Appeals (h/t How Appealing) affirming summary judgment against a claim of a firefighter who was demoted because of his extramarital affair...

Shapiro Offers to Debate Healthcare Anytime, Anywhere

Posted on April 05, 2010
Ilya Shaprio (Cato Institute) offers to debate the constitutionality of health care reform anytime, anywhere--just pay his travel expenses: Shaprio claims to make his offer because he's heard that some groups have had a hard time finding anyone to make...

Just Books at the Brennan Center and Wills's Bomb Power

Posted on April 05, 2010
The Brennan Center for Justice at NYU Law launched a new feature called Just Books. The site contains book reviews of books related to constitutional law, author interviews, links, and the like. One of the author interviews now on the...

A Second Chance at Equal Access to Justice

Posted on April 03, 2010
The Supreme Court has a second opportunity this term to rule on the right to counsel for indigents in civil cases, sometimes called ?Civil Gideon,? with a cert. petition filed last week by an indigent state prisoner who brought a...

The Tenth Amendment in Transylvania

Posted on April 03, 2010
When we think of so-called "states' rights" or the Tenth Amendment, we think of the current 50 states, or perhaps if we are more historically-minded, we think of the past, including the "original" 13 colonies/states. But what about the "other"...

SALT: The Society of American Law Teachers New Blog

Posted on April 02, 2010
SALTLAW is the new blog of SALT, Society of American Law Teachers, self-described as a "community of progressive law teachers working for justice, diversity and academic excellence." SALT is known for its teaching conferences, its activism on behalf of social...

Constitutional Law Exam Possibilities

Posted on April 01, 2010
A popular pattern in constitutional law exam questions is a recently passed legislative act. This semester The Patient Protection and Affordable Care Act, Public Law No: 111-148, available as HR 359, is sure to be a favorite. Our analysis of...

Court Rejects Government's State Secrets Assertion in TSP Case

Posted on March 31, 2010
Judge Vaughn Walker (N.D. Cal.) today denied the government's motion for summary judgment based on its claim that the state secrets privilege prevented plaintiff al-Haramain Islamic Foundation from showing that the government's terrorist surveillance program (TSP) violated the Foreign Intelligence...

Railway Express v New York: Illustration

Posted on March 30, 2010
The pros and cons of powerpoint in the classroom are hotly debated, but for ConLawProfs who like a good illustration to enliven their classrooms with a bit a humor, the below image of a Dutch bus from copyranter via Above...

The Reach of Citizens United

Posted on March 30, 2010
The en banc D.C. Circuit ruled on Friday that the logic of Citizens United v. FEC, the Supreme Court's January 21 ruling striking down limits on independent campaign expenditures, also applied to independent campaign contributions. The case, SpeechNow...

Justices Scalia, Breyer on Constitutional Interpretation

Posted on March 29, 2010
Justices Scalia and Breyer made their latest appearance together in their popular road-show debating constitutional interpretation at the Supreme Court Historical Society last week. The one-hour program was broadcast on C-SPAN last night and is available here...

State Constitutional Law Reference Guides

Posted on March 29, 2010
Ann Lousin (John Marshall, Chicago) recently published The Illinois State Constitution: A Reference Guide, the Illinois contribution to Greenwood/Praeger's series on reference guides to state constitutions. Lousin's book, like others in the series, is an oustanding treatise on state constitutional...

The Administration's Divide Over Presidential Authority Post 9/11

Posted on March 29, 2010
Charlie Savage wrote a piece in today's New York Times detailing the divide in the Obama administration over presidential counterterrorism authority, including detention authority and power to order drone strikes. Savage outlines some of the debates within the administration over...

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