Constitutional Law Prof Blog: Constitutional Law

Home -> Law Blog Directory -> Constitutional Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

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

Maryland Atty General Opinion on Recognition of Out-of-State Same-sex Marriages

Posted on February 27, 2010
In a word: yes. In a few words: a qualified yes. In the concluding words of the 53 page opinion of the Maryland Attorney General, Md. Op. Att'y 3 (download here): While the matter is not free from all doubt,...

Aspiring Court Cartoon Captioners - Deadline Imminent

Posted on February 27, 2010
The New Yorker has a regular feature that provides a cartoon drawing requiring a caption; the March 1, 2010 contest (#229) with its drawing by Paul Noth might inspire some contributions from ConLaw buffs. Enter at New Yorker website here....

Larry Tribe, Legal Services for the Poor, and Sharon Browne

Posted on February 26, 2010
ConLaw Prof Larry Tribe (pictured left) of Harvard Law School "will join the Justice Department next week as a senior and counselor focusing on expanding poor people's access to legal services" according to the Washington Post and announced by Harvard...

Gormley on Starr and Clinton

Posted on February 26, 2010
ConLawProf (and Interim Dean) Ken Gormley (pictured right) of Duquesne University Law School has just published THE DEATH OF AMERICAN VIRTUE: Clinton vs. Starr. The review in the NYT notes that "unlike some other commentators, Gormley allows for the possibility...

To access this complete feed in the blog feed reader login or register for free.

Betting on Bush v. Gore?

Posted on February 25, 2010
From a new article in the ABA Journal, we learn one of our Supreme Court Justices had a "financial stake" in Bush v. Gore - - a stake the Justice quickly acted to obliterate: Dear Obie and Betty Nan: It...

States and Guns

Posted on February 24, 2010
The New York Times reports today that fear of tighter gun regulations by the Obama administration has driven several states to loosen firearm regulations. (We posted earlier this week on the Washington State Supreme Court's ruling incorporating the Second Amendment...

Oral Argument in Holder v. Humanitarian Law Project

Posted on February 24, 2010
The Supreme Court today heard oral arguments in Holder v. Humanitarian Law Project, the case testing the constitutionality of a portion of the Anti-Terrorism and Effective Death Penalty Act. (We previously posted on the case here.) The relevant section, 18...

The Senate's Catch XXII and the Constitutional Option

Posted on February 24, 2010
The Senate can do away with its cloture requirement by a mere majority vote, writes Yale Law Journal articles editor Aaron Zelinsky today on the Huffington Post. Zelinsky argues that Senate Majority Leader Harry Reid has unnecessarily assumed that this...

Washington Supreme Court Incorporates Second Amendment

Posted on February 22, 2010
The Washington Supreme Court ruled late last week in State of Washington v. Sieyes that the Second Amendment applies against the State of Washington by way of the Fourteenth Amendment Due Process Clause. The decision came down less than two...

ACS 2010 National Convention

Posted on February 22, 2010
The American Constitution Society will host its Eighth Annual National Convention in Washington, D.C., June 17-19, 2010. Click here for more information and registration. SDS

Pondering Iqbal

Posted on February 21, 2010
The Lewis & Clark Law Review just published its terrific symposium issue titled Pondering Iqbal--a reference to Ashcroft v. Iqbal, the Supreme Court's decision last term that heightened the pleading standard and resulted in countless dismissals, spawning an effort in...

Yoo's, Bybee's Torture Memos "Flawed," but no Misconduct

Posted on February 19, 2010
John Yoo's and Jay Bybee's memoranda as lawyers in the Justice Department's Office of Legal Counsel providing the legal basis for certain interrogation techniques--the torture memos--were "flawed," but reflected no professional misconduct, according to a memo released today from David...

Obama Establishes Bi-Partisan Commission on Fiscal Responsibility and Reform

Posted on February 19, 2010
President Obama signed an executive order yesterday establishing a bi-partisan commission to address federal spending and the federal debt. The move comes after the Senate rejected bi-partisan legislation to create a similar commission. Under the EO, President Obama will appoint...

Woods on Nullification, "State Resistance to Federal Tyranny"

Posted on February 18, 2010
Dr. Thomas Woods spoke today on "Nullification and State Resistance to Federal Tyranny" at the Conservative Political Action Conference, or CPAC, at the Marriott Wardman Park Hotel in Washington, D.C. Woods is the author most recently of Meldown; he also...

Citations to "Foreign" Law on Constitutional Matters

Posted on February 18, 2010
Should United States courts cite to non-US constitutional (or other) decisions? To many judges in national courts, faced with cases for decision involving the meaning of their own constitutional charters of rights, it has often seemed appropriate and useful, over...

Poll Reveals Strong Bi-Partisan Opposition to Citizens United

Posted on February 17, 2010
An ABC-Washington Post news poll (questions 35 and 36) released today revealed strong bi-partisan opposition to the Court's recent ruling in Citizens United v. FEC (striking down under the First Amendment federal regulations prohibiting corporations and labor unions from using...

OSCAR Nominations: ConLaw Perspectives

Posted on February 17, 2010
Have a constitutional law perspective on the best-picture nominee and blockbuster Avatar? Consider this CFP from The Journal for the Study of Religion, Nature and Culture. (H/T Feminist Philosophers). And among the Academy Award nominees for documentary film is The...

Web-Sites Track White House Activity, Appointments

Posted on February 16, 2010
The Washington Post has two useful tools to track White House activity and the status of presidential nominations. POTUS Tracker analyzes how the President spends his time--by issue, by events, by speeches--and provides the President's daily schedule...

Court Orders Briefing on Kiyemba, Uighurs' Case

Posted on February 14, 2010
The Supreme Court on Friday ordered new briefing in Kiyemba v. Obama, the case testing the government's ability to detail the remaining Chinese Muslims, or Uighurs, at Guantanamo Bay even after everyone agreed--and a federal district court ruled on habeas--that...

Times Profiles Fertig, of Holder v. Humanitarian Law Project

Posted on February 11, 2010
Adam Liptak in today's NYT profiled Ralph Fertig, the president of the Humanitarian Law Project and the moving force behind Holder v. Humanitarian Law Project, the case challenging portions of the Anti-Terrorism and Effective Death Penalty Act under the First...

State Secrets, UK Style

Posted on February 10, 2010
A three-judge panel of the British Court of Appeal today ordered the release of a seven-paragraph summary of U.S. intelligence information about the treatment of Binyam Mohamed, the detainee who was subject to extraordinary rendition, torture, and detention at Guantanamo...

Competing Claims for Second Amendment Incorporation

Posted on February 09, 2010
Robert Barnes reported yesterday in the Washington Post on the competing claims for Second Amendment incorporation in McDonald v. City of Chicago, the Second Amendment case now before the Court (and scheduled for argument on March 2). The article is....

Mayer on KSM's Trial

Posted on February 08, 2010
Jane Mayer, author of The Dark Side: The Inside Story of How the War on Terror Turned into a War on American Ideals, wrote an excellent piece in the New Yorker detailing Attorney General Eric Holder's decision to try Khalid...

Rumors of SCOTUS Retirements and Nominations

Posted on February 05, 2010
The speculation regarding the retirements of Justices Ruth Bader Ginsburg and John Paul Stevens continues. "That can't be news," Stevens reportedly said, "I'm not exactly a kid." Ginsberg has seemingly not commented. Following closely on any rumor of retirement is...

AG Holder Defends Criminal Justice System for Terrorist Suspect

Posted on February 04, 2010
Attorney General Eric Holder today wrote to Senator Mitch McConnell defending the Justice Department's use of the regular criminal justice system--and not military tribunals--to arrest, detain, charge, and try Umar Farouk Abdulmutallab in connection with his attempted bombing of Northwest...

California Marriage Bill: Civil Marriage and Religious Protection

Posted on February 04, 2010
The legal definition of "marriage" is at the core of the Proposition 8 trial in California federal court: A new Bill introduced in the California Senate, SB 906, would alter that definition and clarify some of the constitutional issues surrounding...

Chicago Programs on Guantanamo Lawyering, Rights and National Security

Posted on February 02, 2010
Chicago chapters of the American Constitution Society and the Federalist Society have (coincidentally) scheduled two exciting and related, but independent, programs this week and next, both related to detention and treatment of "enemy combatants." On Thursday the Chicago Lawyers Chapter...

California Constitution: Conference and CFP

Posted on February 02, 2010
More information and Call for Papers here. RR

Arar Files Cert. Petition in Detention, Access, Torture Case

Posted on February 02, 2010
The Center for Constitutional Rights yesterday filed a cert. petition in the U.S. Supreme Court on behalf of Maher Arar, the Canadian citizen detained by U.S. authorities, denied access to the courts, and delivered to Syria for torture, seeking review...

Could this be from one of your students?

Posted on February 01, 2010
A bit of humor, or perhaps not: RR

Previous | Next

Related Law Bulletins

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...