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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

Perry v. Schwarzenegger, Prop 8 Trial: The Re-enactment

Posted on January 31, 2010
The 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, 2010
The 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, 2010
Professor 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, 2010
Easy 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...

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Perry v. Schwarzenegger, Prop 8 Trial Evidence Ends

Posted on January 28, 2010
The 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, 2010
The 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, 2010
Bertha 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, 2010
The 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, 2010
ConLawProf 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, 2010
A 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, 2010
The 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, 2010
The 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, 2010
It 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, 2010
The 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, 2010
The 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, 2010
Professor 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, 2010
The 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, 2010
The 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, 2010
The 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, 2010
The 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, 2010
The 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, 2010
Constitutional 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, 2010
Simon 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, 2010
The 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, 2010
Lee 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, 2010
The 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, 2010
The 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, 2010
The 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, 2010
The 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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