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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
Go to Constitutional Law Prof Blog, find other Constitutional Law blogs, or browse all law blogs.
Perry v. Schwarzenegger, Prop 8 Trial: The Re-enactment
Posted on January 31, 2010The United States Supreme Court may have blocked the actual broadcast of the Proposition 8 trial, but the enterprising folks behind www.marriagetrial.com are re-enacting the trial, using the transcripts and the reports from bloggers and tweeters. The "episodes" will be...
Tribune Profiles Second Amendment McDonald
Posted on January 31, 2010The Chicago Tribune today profiled Otis McDonald, the lead plaintiff in McDonald v. City of Chicago, the Second Amendment incorporation case now before the Supreme Court. We've posted on the case, here, here, here, here, here, and here. It's scheduled...
Patricia Williams on Citizens United and Corporate Personhood
Posted on January 30, 2010Professor Patricia J Williams, author of the groundbreaking essay "On Being the Object of Property," has a few things to say about corporations as persons in Citizens United v. FEC. In a column forthcoming in The Nation, she provides this...
Perry v. Schwarzenegger, Prop 8 Trial RECAP
Posted on January 29, 2010Easy access in chronological order to our posts on the Proposition 8 trial is available: A Primer (January 11, 2010): The well-publicized trial on the constitutionality of California?s Proposition 8 banning same-sex marriage begins today before Judge Vaughn Walker in...
Perry v. Schwarzenegger, Prop 8 Trial Evidence Ends
Posted on January 28, 2010The trial proceedings of the Proposition 8 trial ended with the judge's compliments, familiar to anyone who has ever been involved in a federal trial, if slightly modified in this situation: THE COURT: Well, I want to extend my congratulations...
Sandra Day O'Connor on Judicial Campaign Spending
Posted on January 27, 2010The Caperton v. Massey saga is cause for retired Justice O'Connor's concern over the Court's recent decision in Citizens United v. FEC. According to a report in the Washington Post this evening by Robert Barnes, O'Connor told law students at...
Justice Bertha Wilson
Posted on January 26, 2010Bertha Wilson was the first woman appointed to the Supreme Court of Canada, sworn in on March 30, 1982, less than three weeks before the Charter of Rights and Freedoms became a centerpiece of Canadian Constitutional law. Wilson's career on...
Perry v. Schwarzenegger, Prop 8 Trial Resumes Today
Posted on January 25, 2010The challengers to the constitutionality of California's Proposition 8 are expected to rest their case today after almost two weeks of trial. (Our last post, with previous trackbacks including a primer, is here). Transcripts of the first nine days are...
Schwinn in Jordan
Posted on January 24, 2010ConLawProf Blog's own Steven Schwinn is in Amman, Jordan this week with his colleague Mark Wojcik, both from John Marshall School of Law. As Legal Writing Prof Blog notes, they'll be leading a one-week ABA Workshop on Teaching Essential Legal...
Reproductive and Sexual Rights Conference: NYU February 12
Posted on January 23, 2010A one-day Symposium gathering scholars and practitioners involved in reproductive and sexual rights will be held by the NYU Review of Law and Social Change on February 12, 2010. Registration and other information here. RR
Symposium: Civil Legal Representation and Access to Justice
Posted on January 21, 2010The Fred T. Korematsu Center for Law and Equality at Seattle University School of Law, the University of Washington School of Law, and Gonzaga University School of Law are co-sponsoring a symposium and CLE on Friday, February 19, at Seattle...
Government Releases Names of Bagram Detainees
Posted on January 19, 2010The government on Friday released the names of the detainees at Bagram Airbase in Afghanistan in response to a FOIA lawsuit by the ACLU. According to the list, there are 645 detainees at Bagram. The government redacted information about their...
Law as Sport: SCOTUS Fantasy League
Posted on January 17, 2010It had to happen - - - and in case you haven't heard, it has: SCOTUS Fantasy League. For those who will bet on anything that moves (or doesn't) and for those who feel envious (and perhaps perplexed) about football/hockey/baseball/cricket...
Perry v. Schwarzenegger, "The Proposition 8 Trial": teaching opportunities
Posted on January 16, 2010The first week of trial testimony has concluded in the first federal trial on the constitutionality of same-sex marriage bans. Our primer of the case is here, a Q&A for CUNY School of Law here, and our previous discussions of...
NRA Scholars' Conference on Second Amendment Incorporation
Posted on January 15, 2010The National Rifle Association Civil Rights Defense Fund hosted a Scholars' Conference on January 10 on incorporation of the Second Amendment via the Fourteenth Amendment Privileges or Immunities Clause. The discussion features Ilya Shapiro (Cato), Dave Hardy (Arms & the...
Sex Crimes Blog on Comstock
Posted on January 15, 2010Professor Corey Yung (John Marshall, Chicago), editor of the Sex Crimes Blog, has a round-up of commentary on the Comstock oral arguments here and here. (U.S. v. Comstock, argued at the Supreme Court on Tuesday, tests whether Congress can authorize...
Constitutional Law Professors as Difficult to "Nail" with "Witticisms": John Yoo and Jon Stewart
Posted on January 15, 2010The consensus seems to be that John Yoo bested Jon Stewart in Yoo's appearance on The Daily Show; even Stewart seemed to think so. As Christopher Beam says on Slate today, although Stewart may have apologized for not "nailing" Yoo,...
Court Hears Arguments in Comstock
Posted on January 13, 2010The Supreme Court on Tuesday heard oral arguments in U.S. v. Comstock, the case testing Congress's power under the Necessary and Proper Clause to authorize indefinite civil commitment of "sexually dangerous" persons beyond their prison term. We've reviewed the case...
Perry v. Schwarzenegger, ?The Proposition 8 Trial?: Day Three
Posted on January 13, 2010The Court declined to allow the broadcast of the trial, reaffirming its stay issued Monday. Today's Order begins:We are asked to stay the broadcast of a federal trial. We resolve that question without expressing any view on whether such trials...
Perry v. Schwarzenegger, ?The Proposition 8 Trial?: DAY TWO
Posted on January 12, 2010The ongoing "Prop 8" trial in California, see our "primer" here, has just completed its second day. For day one coverage and tweets, see the post with a list from our colleague Steve Saunders on the Sexual Orientation Law blog...
Perry v. Schwarzenegger, ?The Proposition 8 Trial?: A Primer
Posted on January 11, 2010The well-publicized trial on the constitutionality of California?s Proposition 8 banning same-sex marriage begins today before Judge Vaughn Walker in the United States District Court for the Northern District of California (court website for case here)...
Environmental and Constitutional Law Conference at Georgetown
Posted on January 10, 2010Constitutional Law as the "crucible" for environmental law and policy: Conference at Georgetown, more information here, flyer below.
More on the Constitutionality of Health Care Reform
Posted on January 08, 2010Simon Lazarus, Public Policy Counsel to the National Senior Law Center, published an Issue Brief with the American Constitution Society last month taking on the various claims that a health insurance mandate (in the Senate version of health care reform)...
Second Amendment Symposium at Santa Clara Law School
Posted on January 07, 2010"Bearing Arms: Policy, Policing, and Incorporation After Heller" is the title of a Symposium sponsored by Santa Clara Law Review, to be held at the law school January 22. Registration and more information here. RR
Federalist Society Debates Civilian Trial for KSM
Posted on January 07, 2010The Federalist Society is hosting an on-line debate on the legal and policy implications of the administration's decision to try Khalid Sheikh Mohammed and others in regular Article III courts, while trying some Guantanamo detainees in military commissions...
Supreme Court Database
Posted on January 07, 2010Lee Epstein's presentation this morning on the panel "American Constitutional Law and the New Supreme Court" at the AALS Annual Meeting in New Orleans highlighted the Supreme Court Database, now available online. The database has an excellent tutorial which enhances...
D.C. Circuit Affirms Denial of Guantanamo Detainee Habeas Petition
Posted on January 06, 2010The D.C. Circuit today affirmed the district court's denial of Ghaleb Nassar Al-Bihani's habeas petition. Al-Bihani is a Yemeni citizen detained at Guantanamo Bay since 2002 as a member of the 55th Arab Brigade, a paramilitary group allied with the...
Habeas at Bagram, Round 2
Posted on January 06, 2010The D.C. Circuit will hear oral arguments tomorrow in Al-Maqaleh v. Gates, the case testing whether habeas corpus, established for detainees at Guantanamo Bay in Boumediene v. Bush, extends to detainees at Bagram Airfield in Afghanistan. We analyzed the lower...
Agencies Fail to Submit New Rules to Congress, GAO
Posted on January 06, 2010The Congressional Research Service issued a report last week that concluded that agencies failed between 1999 and 2009 to submit over a thousand new substantive final rules to Congress and the Government Accountability Office ("GAO") as required by the Congressional...
Health Care "Nullification" Map
Posted on January 04, 2010The Tenth Amendment Center tracks state health care "nullification" efforts on an interactive map, with useful links to legislation and proposed state constitutional amendments. We posted most recently on state constitutional arguments against federal health care reform here and here...
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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....

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....








