Articles Posted in Constitutional Law

Cornell University law professor Sherry Colb discusses a case in which the U.S. Supreme Court recently granted review to decide whether a Los Angeles municipal code violates the Fourth Amendment right against unreasonable searches and seizures. Colb argues that, much like general warrants of old, the provision in question empowers police to perform unreasonable searches in blatant violation of the Fourth Amendment.

U.C. Davis law professor Vikram David Amar discusses how Arizona’s Proposition 122 addresses not only federalism concerns but also serves as an intra-state reorganization of power.

Cornell University law professor Michael Dorf analogizes the authority of the government to enact quarantine measures to its authority (as established under Supreme Court precedents) to detain unlawful enemy combatants. Dorf argues that while courts are likely to reject the most outrageous detention policies, they are unlikely to reject policies simply for being misguided or unwise.

Cardozo Law professor Marci Hamilton explains how extreme religious liberty undermines the ability of the government to quarantine individuals with Ebola or other highly infectious diseases.

UC Davis law professor Vikram David Amar discusses a case the U.S. Supreme Court will decide this Term regarding the so-called nondelegation doctrine. Amar argues that the Court should uphold the delegation of power in this case and that related concerns about conflicts of interest and anti-competition that may arise from some delegations to market actors are better handled under a due process analysis.

Chapman University law professor Ronald Rotunda critiques the U.S. Government’s asserted power to prosecute alleged war criminal in military commissions.

Cornell University law professor Michael Dorf highlights similarities and differences between the U.S. Supreme Court’s inaction during the Civil Rights Era and presently, with regard to the issue of same-sex marriage.

Cardozo law professor Marci Hamilton describes and praises Washington State’s solution to nullify the discriminatory effect of the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby Stores, Inc..

Cornell University law professor Sherry Colb discusses a case the U.S. Supreme Court will decide this Term regarding the meaning of the Sixth Amendment’s Confrontation Clause. Colb argues that the Court may properly see fit to revisit its current approach to hearsay and the Confrontation Clause.

Cardozo Law professor Marci Hamilton discusses the implications of a child (Malala Yousafzai) and an advocate of child protection (Kailash Satyarthi) winning the Nobel Peace Prize this year.

U.C. Davis law professors Vikram David Amar and Alan E. Brownstein discuss a case the U.S. Supreme Court that will be argued in the coming months, which presents the issue how courts should define “true threats” that fall outside First Amendment protection and thus are subject to punishment.

Cornell University law professor Michael Dorf discusses the constitutional basis for, and limitations on, the quarantine of individuals for public health purposes, such as to prevent the spread of Ebola.

Former counsel to the president John Dean favorably reviews Erwin Chemerinsky’s new book The Case Against the U.S. Supreme Court. Dean praises Chemerinsky for expressing thoughtful and well-founded criticism in a way that few others have done.

Cardozo Law professor Marci Hamilton discusses a case for which the U.S. Supreme Court will hear arguments next week, in which a Muslim inmate in an Arkansas prison is arguing for the right under the Religious Land Use and Institutionalized Persons Act (RLUIPA) to have a beard, despite the prison’s rule prohibiting beards.

Hofstra University law professor Joanna Grossman and Stanford University law professor Lawrence Friedman comment on a recent decision by the Texas Court of Criminal Appeals striking down that state’s law against “improper photography.” Grossman and Friedman describe other similar laws in other states and discuss the challenges legislatures have faced in crafting such laws to include highly inappropriate violations of privacy without running afoul of the First Amendment.

Chapman University law professor Ronald Rotunda discusses the need for the Attorney General to appoint Special Counsel to investigate IRS misconduct. Rotunda argues that by appointing Special Counsel, the Attorney General can restore America’s faith in the nonpartisanship of the Internal Revenue Service.

George Washington University law professor and economist Neil Buchanan discusses a recent ruling by a California superior court judge striking down that state’s tenure system for public school teachers. Buchanan explains why the ruling lacks adequate basis and argues that tenure is actually an essential part of attracting and retaining talented teachers.

U.C. Davis School of Law professor Vikram David Amar describes a recent incursion by the U.S. Court of Appeals for the Ninth Circuit into California’s direct democracy system. Amar explains the U.S. Supreme Court precedents that led the Ninth Circuit to its conclusion, and he calls upon the Court to cut back or overrule its prior erroneous decisions to avoid future injuries to state direct democracy systems.

John Dean, former counsel to the president, comments on a recent case between two private parties in which the U.S. Attorney General intervened and sought dismissal, citing the “state-secrets privilege.” Dean explains the questionable history of this privilege and explains why blind adherence to it can be dangerous.

Cardozo Law professor Marci Hamilton argues that the Islamic State is, in fact, a religion, despite how President Obama characterized it in his recent address to the nation. Hamilton calls upon the President to speak out against all actors who, in the name of their religion, commit crimes or terrorism.