Articles Posted in Constitutional Law

Cornell University law professor Sherry Colb discusses a case currently before the U.S. Supreme Court, Elonis v. United States, in which the Court will consider what constitutes a “true threat.” Specifically, Colb considers whether the First Amendment right of free speech prevents criminalization of threatening speech only if the speaker intended to bring about fear of bodily harm or death, or if it is enough that a reasonable person uttering those words would have anticipated they would be interpreted as such a threat.

Hofstra University law professor describes the recent clarification by the Department of Education’s Office for Civil Rights of its prior guidance on the legality of single-sex classes in public schools. Grossman explains why this clarification was needed and what issues it seeks to address.

U.C. Davis law professor Vikram David Amar continues his discussion on how federalism cuts against the challengers to the Obamacare statute in King v. Burwell. In this second of a two-part series, Amar addresses some counterarguments to his thesis that federalism principles bolster the federal government’s position in that case.

Cornell University law professor Michael Dorf comments on the scope and limits of prosecutorial discretion, as it relates both to President Obama’s executive action on immigration and the Michael Brown case.

Former counsel to the president John W. Dean critiques the GOP for using extortion tactics to get what they want politically. Dean argues that President Obama should openly and frequently denounce Republicans on their abuses of the confirmation process, or else see his presidency end with a whimper.

Cornell University law professor Michael Dorf discusses some of the issues that will likely arise when the U.S. Supreme Court considers the statutory challenge to the Patient Protection and Affordable Care Act, or Obamacare, in the upcoming case King v. Burwell.

Cardozo law professor Marci Hamilton comments on the ways the Internet has helped promote transparency and correct misinformation, particularly in religious organizations.

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.