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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.
Is DOMA's Demise Imminent?
Posted on March 16, 2011The judicial finding that the Defense of Marriage Act is unconstitutional, preceded by DOJ's vigorous defense of DOMA in another case, some waffling, and then the announcement that the DOJ will not defend the constitutionality of DOMA, which some characterized...
Drake Symposium: Debating the Living Constitution
Posted on March 14, 2011The Drake Law School Constitutional Law Center recently announced its 2011 Symposium, "Debating the Living Constitution." The Symposium is Saturday, April 2, from 8:30 to 11:30 a.m. at Drake; more information, including a registration form, is here. Here's the line-up:...
Democracy and Workers Rights: West Virginia Weekend
Posted on March 13, 2011As the legislative battle in Wisconsin continued on Friday with the enactment of a bill which limited collective bargaining rights of most state employees, similar disputes are simmering across the country. Along with Wisconsin, Ohio, Iowa, and Idaho, among others,...
Pugliese on CIA Torture at Association for the Study of Law, Culture and the Humanities
Posted on March 12, 2011The keynote lecture Friday evening at this year's conference of the Association for the Study of Law, Culture and the Humanities was Anatomies of Torture: CIA Black Sites and Redacted Bodies, delivered by Joseph Pugliese (pictured) of Macquarie University in...
Happy Birthday Justice Scalia?
Posted on March 10, 2011Linda Greenhouse points out that Friday March 11 is Scalia's 75th birthday, but her wishes are not necessarily warm ones. Instead, Greenhouse discusses Scalia's "bullying" of his junior colleagues, notably the female ones. She focuses on Scalia's dissenting opinion in...
CFP: Secrecy, National Security, and the Vindication of Constitutional Law
Posted on March 10, 2011For a Conference in Milan, Italy on December 1-2, 2011, with proposals due April 24, 2011. In virtually every nation, assertions of the need for secrecy on matters of counterterrorism policy and practice have created tensions with efforts to ensure...
School District Ban on T-Shirt Violates First Amendment
Posted on March 07, 2011A three-judge panel of the Seventh Circuit ruled last week in Zamecnik v. Indian Prairie School District #204 that officials at Neuqua Valley High School in Naperville, Illinois, violated the First Amendment when they prohibited a student from sporting a...
President Orders Review of Guantanamo Detainees
Posted on March 07, 2011President Obama today issued an executive order providing for "periodic review of individuals detained at Guantanamo Bay Naval Station pursuant to the Authorization for Use of Military Force." The move suggests that the White House won't achieve its goal to...
International Women's Day, Women in Combat, and Military Leadership Diversity
Posted on March 07, 2011As the centenary of international women's day, March 8, approaches, the end of combat restrictions on women in the United States military also seems to be ending. In Rostker v. Goldberg, 1981, the United States Supreme Court upheld the Congressional....
Judge Vinson Stays Ruling Declaring Federal Health Care Reform Unconstitutional
Posted on March 04, 2011Judge Vinson (N.D. Fla.) on Thursday stayed his ruling that the Patient Protection and Affordable Health Care Act was unconstitutional. (Recall that Judge Vinson ruled in January that the individual health insurance mandate exceeded congressional authority and was unseverable from...
Libby Adler's Rights Critique, Law Reform, and Responses
Posted on March 03, 2011Harvard Civil Rights - Civil Liberties Journal has held an online forum on Professor Libby Adler?s piece (available on the forum) entitled ?Gay Rights and Lefts: Rights Critique and Distributive Analysis for Real Law Reform." Adler, author of The Gay...
Does the Obama DOJ's Position on DOMA Create a Constitutional Crisis? Redux
Posted on March 02, 2011The DOJ's decision not to defend the constitutionality of DOMA, but to continue to enforce DOMA, is being illustrated in a few examples, such as that of Karen Golinski, the lawyer who works for the Ninth Circuit Court of Appeals...
Right to Counsel in India
Posted on March 02, 2011The Supreme Court of India ruled last week in Ali v. State of Assam that a criminal defendant has a right to counsel under Article 21 of the Constitution of India. Article 21, Protection of life and personal liberty, provides:...
Court Rules First Amendment Protects Funeral Protesters
Posted on March 02, 2011The Supreme Court ruled today in Snyder v. Phelps that the First Amendment protected Reverend Fred Phelps's hateful and harmful speech at the funeral of Marine Lance Corporal Matthew Snyder against state tort claims of intentional infliction of emotional distress...
Events for March 2011
Posted on March 01, 2011March is always a busy month for conferences, lectures, events, and symposia. Here are a few that you might not want to miss. Food Fight, March 1, 6.30 pm, organized by the law review at City University of New York...
O'Neill on Constitutional Argument
Posted on February 28, 2011Professor Tim O'Neill (John Marshall, Chicago) recently posted on SSRN his eclectic and highly engaging article Constitutional Argument as Jeremiad--an argument about the structure of constitutional rhetoric. O'Neill treats us to more than familiar legal and philosophical fare; instead, he...
Local Government and Constitutional Funding: West Virginia Weekend
Posted on February 27, 2011With the new "austerity" budgets as well as efforts to ban collective bargaining by government employees, local governments are considering their options. In Ohio, The Local Government Fund Coalition launched this week. The state legislatures of Wyoming, Nevada, South Dakota,...
Iowa Supreme Court Update
Posted on February 25, 2011The Governor of Iowa did not choose Professor Angela Onwuachi-Willig to fill one of the three vacancies on the Iowa Supreme Court resulting from last November's election, a possibility we last discussed here. The process of selecting Iowa's judges is...
The Obama DOJ's Position on DOMA: Constitutional Crisis or Constitutional Opportunity?
Posted on February 25, 2011The Obama DOJ's announcement that it will no longer defend the constitutionality of the Defense of Marriage Act has provoked a range of reactions. New Gingrinch, in the video below (via) states that the president "is not a one-person Supreme...
District Court Upholds Health Insurance Mandate
Posted on February 24, 2011Judge Gladys Kessler (D.D.C.) on Tuesday upheld the individual health insurance mandate in the federal health reform package, the Affordable Care Act. Judge Kessler granted the government's motion to dismiss the case, Mead v. Holder, handing the government its third...
Obama DOJ: Holder Announces DOMA will Not be Defended because it is Unconstitutional
Posted on February 23, 2011Eric Holder, Attorney General of the United States, informed Congress today that "After careful consideration, including review of a recommendation from me, the President of the United States has made the determination that Section 3 of the Defense of Marriage...
Libya's "Constitution"
Posted on February 22, 2011One of Libyan leader Moammar Gadhafi's sons, Saif al-Islam Gadhafi, delivered a speech on Monday that blamed protests on everyone from criminals to Islamic extremists, warned of civil war if the protests continue, and said his father would fight to...
The Tenth Amendment, Standing, and Criminal Conviction: Bond v. US Oral Argument
Posted on February 22, 2011The Court heard oral argument today in Bond v. United States which involves the criminal conviction of Carol Ann Bond for a violation of 18 U.S.C. § 229(a), enacted by Congress to implement the United States? treaty obligations under an...
Presidents' Day: Where Are the Women?
Posted on February 21, 2011"Where Are the Women?" is a query that is not limited to the category of United States Presidents. Consider Lynn E. Ford's work on women and politics, especially their complete absence in South Carolina elected office; or the lack of...
Voter Identification Laws and the Discourse of "Free and Fair Elections": West Virginia Weekend Spotlight on Atiba Ellis
Posted on February 20, 2011A cornerstone of democracy is the "free and fair election." Recent events in Egypt and less dramatic ones in West Virginia have demonstrated the importance of the ballot box. Moreover, some argue that the acts of the Wisconsin governor should...
Can Congress Regulate Supreme Court Ethics?
Posted on February 19, 2011At least one representative thinks so. Chris Murphy is suggesting legislation that would: apply the Judicial Conference's Code of Conduct, which applies to all other federal judges, to Supreme Court justices. This would allow the public to access more timely...
Ediberto Roman on Citizenship's Constitutional Dimensions
Posted on February 18, 2011In Citizenship and its Exclusions: A Classical, Constitutional, and Critical Race Critique, Professor Ediberto Roman offers a highly readable and trenchant discussion of historical and contemporary citizenship. Roman begins by discussing the cases of three "terrorists": John Walker Lindh, Yaser...
Lawrence in Louisiana: Lawsuit Challenges Sex Offender Registration Scheme
Posted on February 17, 2011In the landmark case of Lawrence v. Texas, the United States Supreme Court held a statute criminalizing sodomy violated due process as guaranteed by the Fourteenth Amendment. The opinion specifically noted that the case did not involve commercial sex...
New York Chief Judge Calls for Equal Access, Civil Counsel
Posted on February 16, 2011New York Chief Judge Lippman today delivered the State of the Judiciary address--a speech dominated by calls for open courts and access to justice. (Click on the link for the 2011 State of the Judiciary web-cast.) Chief Judge Lippman focused...
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Case Law Development: Constitutional Challenge to Paternity Laws Dismissed For Failure to State Claim
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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....








