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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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Australia's High Court - transition
Posted on February 03, 2009In Australia, Justices on the nation's highest court - - - the High Court - - - face mandatory retirement at age 70. In the past few days, Justice Michael Kirby, seemingly the first gay man on a nation's highest...
Holder Signals Greater Openness with OLC, State Secrets
Posted on February 03, 2009AG Eric Holder--confirmed 75 to 21 last night and sworn in today--wrote that he would review "significant pending cases" in which the government asserted a state secrets privilege and that he would seek to minimize the use of that privilege,...
Proposition 8 in California Supreme Court
Posted on February 03, 2009We've blogged about the Proposition 8 litigation here (AALS panels) and here. According to the California Supreme Court website:The Supreme Court has announced that an oral argument will be held in the Prop. 8 cases on Thursday, March 5, 2009,...
LA Times: Put FISA Ruling in Perspective
Posted on February 02, 2009The LA Times ran an editorial today arguing that Bush administration defenders' jubilation over last week's FISA court ruling is unjustified. That decision upheld the Congressionally authorized surveillance program under the Protect America Act of 2007...
District of Columbia Voting Rights again . . .
Posted on February 02, 2009Last week, I wrote about the pending legislation that would give residents of the District of Columbia a vote in the House of Representatives. While I focused on the potential arguments in support of such a law to the exclusion...
How Far Left Will an Obama Appointment Push the Court?
Posted on February 02, 2009Adam Liptak asked the question in yesterday's NYT. Liptak: Should [Obama] appoint someone who by historical standards is a full-throated liberal, a lion like Justice William J. Brennan, Jr., or Justice Thurgood Marshall? Or should he follow the lead of...
Colombia Constitutional Court, Same-Sex Marriage, and Intersex Children: Saturday Evening Review
Posted on January 31, 2009This week, Colombia's Constitutional Court ruled that same-sex couples are constitutionally entitled to the same status as opposite-sex couples under Colombia's common law marriage scheme. The case was brought by the organization Colombia Diversa, and the opinion (in Spanish) is...
Heller, incorporation, the Second Circuit, and nunchaku
Posted on January 30, 2009In another opinion refusing to incorporate the Second Amendment to the states, the Second Circuit considered a challenge to a charge of possessing a chuka stick in violation of N.Y. Penal Law § 265.01(1). The New York statute defines a...
President Bush Re-Directs Rove, Miers Not to Appear Before Congress
Posted on January 30, 2009Counsel to former President Bush Fred Fielding wrote letters last week to counsel for Karl Rove and Harriet Miers directing them not to appear before, and not to provide information to, Congress in response to Congressional subpoena in the investigation...
Obama and Federalism
Posted on January 30, 2009Today's NYT contained an enlightening article on the Obama administration's view of federalism. The Times describes the approach as "progressive federalism" or "cooperative federalism." As support, the Times offers Obama's pledge earlier this week to allow states (California) to create...
John Yoo, torture, and the continuing saga
Posted on January 29, 2009John Yoo, formerly in the Justice Department from 2001-03, and now a law professor at the University of California, Berkeley and a visiting professor at Chapman Law School, has an op-ed in Washington Post entitled "Obama Made a Rash decision...
Indefinite Detention of Lawful U.S. Resident: Amici Weigh in on Al-Marri
Posted on January 29, 2009A spate of new amicus briefs came in yesterday in Al-Marri v. Spagone, including the constitutional law professors' brief on which I posted here. The case tests the President's authority to indefinitely detain a lawful U.S. resident in the United...
Flashback: Justice Brandeis nominated
Posted on January 28, 2009As Andrew Glass on politico.com reports: On this day in 1916, President Woodrow Wilson nominated Louis Brandeis for a seat on the Supreme Court. After a confirmation battle that lasted more than four months, Brandeis became the first Jewish justice...
ACLU Seeks OLC Memos
Posted on January 28, 2009The ACLU asked the Office of Legal Counsel today for Bush administration legal memorandums relating to interrogation, detention, rendition, and warrantless surveillance. The letter is here; Wired reports here. Meanwhile, Dan Nguyen and Christopher Weaver at ProPublica have put together...
Law Professors File Amicus Brief in Al-Marri
Posted on January 28, 2009A group of leading constitutional law professors filed an amicus brief today in Al-Marri v. Spagone, the case testing the President's authority to indefinitely detain, without trial, a lawful U.S. resident as an enemy combatant within the United States...
House Judiciary Committee Chair Conyers Subpeonas Karl Rove
Posted on January 28, 2009Rep. John Conyers, Chair of the House Judiciary Committee, issued a subpoena last week to Karl Rove requiring him to testify before the Committee in its investigation of the Bush administration's politicization of the Justice Department, including the firing of...
New Congress brings hope of change to D.C. . . . literally
Posted on January 28, 2009Readers have no doubt been keeping abreast of the stories outlining the numerous ways in which the change spurred by the new administration is playing out in the legal arena. Residents (and former residents, and friends and family of residents)...
What to do with Detainees in Bagram, Afghanistan
Posted on January 27, 2009The NYT reported today on President Obama's decision about what to do with 600 prisoners at the U.S. airbase in Bagram, Afghanistan. The report: President Obama must now decide whether and how to continue holding the men at Bagram, most...
Inaguration Double Post, Part II
Posted on January 26, 2009While I was in Washington, I had the great fortune to spend some time in the Smithsonian's National Museum of American History. While the exhibits there showcase all kinds of Americana, the exhibit on The American Presidency (online exhibit here)...
Inauguration Double Post
Posted on January 26, 2009Hello all! Last week, I did not post, as I was in Washington, DC for the Inauguration Festivities. It was something to behold. As a citizen, it was remarkable to reflect on this peaceful change of power. At the beginning...
House Bailout for Illinois Conditioned Upon Blagojevich Removal
Posted on January 26, 2009The House bailout plan--H.R. 1--contains an extraordinary provision apparently designed to deny funds to Illinois as long as embattled Governor Rod Blagojevich has any control over them (!). Read here: None of the funds provided by this Act may be...
Seventeenth Amendment & Senators
Posted on January 25, 2009Much in the news these days is the Seventeenth Amendment: The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote....
Popular Constitutionalism?
Posted on January 25, 2009In a provocative piece in the Jan/Feb issue of The ATLANTIC, entitled The Founders' Great Mistake, ConLaw Prof Garrett Epps of University of Baltimore School of Law says, as Bush leaves the White House, it?s worth asking why he was...
Franklin on Facial Challenges and the Roberts Court
Posted on January 25, 2009Professor David Franklin (DePaul Law) recently posted his excellent article Looking Through Both Ends of the Telescope: Facial Challenges and the Roberts Court on ssrn; it is also forthcoming in the Hastings Constitutional Law Quarterly. In it Franklin explores facial...
Uighurs Seeks Release from Obama Administration
Posted on January 24, 2009Seventeen Chinese Uighurs, still held at Guantanamo Bay while their case is on appeal, have asked the Obama Justice and Defense Departments to release them, according to Lyle Denniston at SCOTUSblog. I previously posted (with links) on the Uighur case...
Global Gag Rule Scholarship - Saturday Evening Review
Posted on January 24, 2009President Obama's decision in his first days to reverse the so-called "global gag rule" or "Mexico City policy" barring international aid connected to abortion led me back to some of the excellent scholarship that has occurred in this area. For...
Letter to Obama Administration Urging Uighur Release
Posted on January 24, 2009I posted here yesterday that attorneys for the 17 Chinese Uighurs held at Guantanamo Bay, and whose habeas case is now on appeal to the D.C. Circuit, asked President Obama to release them into the United States, consistent with District...
Obama's Torture Ban
Posted on January 23, 2009President Obama issued an Executive Order yesterday banning torture and providing for treatment of individuals in U.S. custody consistent with Common Article 3 of the Geneva Conventions, the Federal Torture Statute, and the Convention Against Torture...
Obama's Review Orders for Guantanamo, al-Marri
Posted on January 23, 2009I posted yesterday that President Obama ordered a review of al-Marri's case, now before the Supreme Court. Here's the memo. There's nothing surprising here; just the administration trying to work out what to do with al-Marri. President Obama also ordered...
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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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On 08-25 at 15:46PM
Acute perpendicular parking #NYPD #NYFD
On 08-18 at 22:18PM
Parallel parking gone bad. Too much gas UES NYC
On 08-18 at 21:41PM
UES NYC
On 08-18 at 21:25PM
Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
On 07-30 at 17:57PM
Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
On 06-08 at 22:44PM
Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
On 05-31 at 10:08AM
Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
On 05-31 at 07:47AM
Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
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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