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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.
Post Frequency: 3.1/day Last Entry: November 04, 2020 at 10:04:25 Recent Entries: 989
By Steven D. Schwinn, Ruthann Robson, Nareissa L. Smith
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Justice Kennedy and the Supreme Court
Posted on March 16, 2009As Court-watchers well know, Justice Anthony Kennedy has firmly taken Justice O'Connor's place as the Court's designated swing-vote. This week two stories place Justice Kennedy in the spotlight. First, an article in the Washington Post outlines Justice Kennedy's role on...
Heller's Impact on the Right to Bear Arms
Posted on March 16, 2009D.C. v. Heller, last term's Second Amendment case in which the Court held that the Second Amendment protects an individual right to keep and bear arms, is not giving a lot of traction to gun-rights advocates in the lower courts,...
Call for Papers - Fourteenth Annual LatCrit Conference
Posted on March 16, 2009This year's LatCrit conference will be held from October 1-4, 2009 at the American University Washington College of Law. The theme of this year's conference is "Outsiders Inside: Critical Outsider Theory and Praxis in the Policy Making of the New...
The Teaching Assistant
Posted on March 15, 2009It's time for another edition of the Teaching Assistant. While I generally like to include a mix of stories involving the judiciary, the Congress, and the executive, there have been several equal protection and fundamental rights stories that merit your...
Rosenthal on the Original Understanding of Privileges or Immunities and Incorporation
Posted on March 15, 2009Professor Lawrence Rosenthal (Chapman) just posted The New Originalism Meets the Fourteenth Amendment: Original Public Meaning and the Problem of Incorporation on ssrn. The piece is forthcoming in the Journal of Contemporary Legal Issues as part of a recent symposium...
SCOTUS opening?
Posted on March 14, 2009In the Huffington Post here: Ginsburg, who spoke at New England Law's annual "Law Day," said the nine justices only take pictures together when a new member is added. "We haven't had any of those for some time, but surely...
Class and Due Process - Saturday Evening Review
Posted on March 14, 2009In a provocative essay on State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), Martha McCluskey of State University at Buffalo Law School argues that the case demonstrates that the "real action on issues of class in...
Administration Refines Position on Detention at Guantanamo Bay
Posted on March 13, 2009The Obama administration today filed a long anticipated memo in federal court outlining its "refined" position on its authority to detain individuals at Guantanamo Bay. AG Holder also filed a declaration stating the status of the administration's review of detention...
Obama Issues Signing Statement with Constitutional Objections
Posted on March 12, 2009President Obama yesterday issued a statement upon signing H.R. 1105, the Omnibus Appropriations Act of 2009, claiming that certain portions of the Act unconstitutionally infringe upon his executive authority and stating that his administration will interpret those sections consistent with...
Finkelman to Deliver Nathan I. Huggins Lectures
Posted on March 12, 2009Professor Paul Finkelman (Albany) will deliver the Nathan I. Huggins Lectures next week at the W.E.B. Du Bois Institute for African and African American Research at Harvard on the theme "The Supreme Court and the Peculiar Institution: Marshall, Story, Taney,...
Marriage Abolition - Infringing on a Constitutional Right?
Posted on March 11, 2009Is marriage a fundamental right? Anyone who has read (or taught) the last paragraph of Loving v. Virginia has struggled with this issue. Certainly the same-sex marriage cases do not support a viable argument that marriage is a recognized fundamental....
CFP: Interpretation & Construction in Constitutional Law
Posted on March 11, 2009Steven G. Gey Call for Papers At the 2010 Annual Meeting of the AALS, the Section on Constitutional Law will host a panel exploring the distinction between ?interpretation? and ?construction? in constitutional law. One paper from an untenured, non-adjunct, faculty...
S.C. Governor Rejects Stimulus As Is, Seeks Waiver
Posted on March 11, 2009South Carolina Governor Mark Sanford yesterday wrote to members of Congress detailing his objections to the federal stimulus act, stating his intent to reject portions of the federal money for ongoing state needs, and indicating that he'll seek a waiver...
Follow-up on Standing to Enforce Qualifications of Elected Officials
Posted on March 10, 2009In a recent decision, the District Court for the District of Columbia dismissed yet another suit challenging Barack Obama's qualifications to serve as the 44th President. However, this case was noteworthy as it was dismissed as frivolous. Further analysis of...
The Privilege to Decline Habeas
Posted on March 10, 2009Judge Emmet Sullivan (D.D.C.) today dismissed a Guantanamo detainee's habeas petition, at the detainee's request. Judge Sullivan's order dismissing Ghassan al Sharbi's petition is here; al Sharbi's hand-written motion, filed on August 8, 2008, is here...
A Constitutional Amendment Concerning Senate Vacancies
Posted on March 10, 2009The Senate Judiciary Committee will hold a hearing tomorrow, 10:00 am EDT, on a proposed amendment to the constitution to require an election, not gubernatorial appointment, to fill a vacant Senate seat. The Senate Joint Resolution is here; the Senate...
CFP: Conceptualizing Substantive Justice
Posted on March 09, 2009Call for Papers CONCEPTUALIZING SUBSTANTIVE JUSTICE Sturm College of Law, University of Denver April 17-18, 2009 Keynote speaker: Professor Adrien WingAssoc. Dean for Faculty Devel. & Bessie Dutton Murray Prof. of Law, Univ. of Iowa ?Conceptualizing Substantive Justice: The South...
Bush Lawyers' OLC Memos: How Bad is Too Bad?
Posted on March 09, 2009Charlie Savage and Scott Shane in today's NYT take a look at this question: "What is a government lawyer's responsibility if legal advice he gives turns out to be, in the view of many authorities, grievously flawed?" The question arises...
Zelinsky on Davis's Quiet Dormant Commerce Clause Revolution
Posted on March 09, 2009Professor Edward Zelinsky (Cardozo) just posted on ssrn his very thoughtful take on the Supreme Court's recent turn in its Dormant Commerce Clause jurisprudence, The False Modesty of Department of Revenue v. Davis: Disrupting the Dormant Commerce Clause Through the...
Obama's E.O. on Stem Cell Research
Posted on March 09, 2009The Executive Order on stem cell research is here with the Memorandum For The Heads Of Executive Departments And Agencies (SUBJECT: Scientific Integrity) here . The press from the White House, with photo is from here: As we restore our...
Obama Cautions Agencies on Reliance on Bush Signing Statements
Posted on March 09, 2009President Obama ordered executive officials to check with AG Eric Holder before relying upon Bush signing statements to disregard federal law, Charlie Savage reports in today's on-line NYT. Here's President Obama's statement. President Bush issued an unprecedented number of signing...
Court Vacates Fourth Circuit, Orders Dismissal in Al-Marri
Posted on March 07, 2009The Supreme Court on Friday vacated the Fourth Circuit opinion in Al-Marri v. Spagone and remanded the case with instructions to dismiss the appeal as moot after the government indicted al-Marri last week in federal court. Recall that the Fourth...
Judicial Recusal and Judicial Bias: Saturday Evening Review
Posted on March 07, 2009As noted previously, on Tuesday SCOTUS heard oral arguments in Caperton v. A.T. Massey Coal Co., on the question of whether the refusal of Justice Benjamin of the Supreme Court of Appeals of West Virginia to recuse himself from the...
The Teaching Assistant
Posted on March 06, 2009Hello all! After a brief hiatus, we are back with a number of stories on Equal Protection and Fundamental Rights, plus one bonus story. Here are this week's equal protection/fundamental rights stories: The ACLU blog contains a first hand account...
Line-Item Veto Legislation in House, Senate
Posted on March 06, 2009Senator Russ Feingold (D-WI), Senator John McCain (R-AZ), and Representative Paul Ryan (R-WI) have introduced line-item veto legislation that purports to solve the constitutional problems in the 1996 Line Item Veto Act overturned in Clinton v. New York...
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New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...
The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...
Case Law Development: Constitutional Challenge to Paternity Laws Dismissed For Failure to State Claim
A three-judge panel of the 6th U.S. Circuit Court of Appeals uphel...
If a person defames me and threatens me to pay a bill that they made and it is posted to others besides myself, can I sue ?
The documentation of your actions in this case pretty much preclude any legal ac...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....
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AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
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Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
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Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
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Are the abortion ultrasound laws headed for the Supreme Court?
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If a person defames me and threatens me to pay a bill that they made and it is posted to others besides myself, can I sue ?
The documentation of your actions in this case pretty much preclude any legal ac...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....
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