Category Archives: Constitutional Law

Constitutional law news articles, reiews, notes and blog examples.

The Sacredness, and the Uniqueness, of Brotherly Love

The ethnic slaughter in so many parts of the world – Kenya, Myanmar, Rwanda, Sudan, the former Yugoslavia, the “troubles” in Ireland, Ukraine, the blood shed at the separation of Pakistan and India – make the uniqueness of American anti-discrimination rules stand out both for their moral high ground and for their protection of human life. They provided a way to live together in peace, even if getting there has been difficult. They provided a beacon, a light to the world, on living together. Conceived in part as a city on a hill; America was to light the world with our example. Indeed it has. That strong belief in the equality of mankind and the welcome to people from all across the globe has always been attractive. The Enlightenment in Europe was largely about the idea of equality and learning to live with people despite differences in religion and diverse origins. America was founded on that Enlightenment ideal and, while never quite satisfying its own….. To continue reading this legal news please click Read full information...

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Petitions of the week

This week, the Supreme Court has been presented with petitions involving issues such as whether the establishment clause requires the removal or destruction of a 93-year-old memorial to American servicemen who died in World War I solely because the memorial bears the shape of a cross; and whether public school teachers and coaches retain any First Amendment rights when at work and “in the general presence of” students. The petitions of the week are: Honeywell International Inc. v. Mexichem Fluor Inc. 17-1703 Issue: Whether, under the “safe alternatives policy” of Section 612 of the Clean Air Act, the Environmental Protection Agency lacks authority to prohibit the use of a less-safe substitute for an ozone-depleting substance in favor of a safer alternative, just because a company has already begun using the less-safe substitute. Natural Resources Defense Council v. Mexichem Fluor Inc. 18-2 Issue: Whether the Environmental Protection….. To continue reading this legal news please click Read full information...

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[Eugene Volokh] Court Feels "Compelled to Express … Dismay at [SUNY Buffalo's] Cavalier Attitude Toward Petitioner's Due Process Rights"

The opinion in Hill v. SUNY Buffalo, decided a week ago by a New York appellate court: Petitioner, an undergraduate student at respondent State University of New York at Buffalo, commenced … [this] proceeding to annul respondent[ SUNY Buffalo's] determination that he possessed weapons and engaged in harassment. Respondent sanctioned petitioner with 50 hours of community service, two years of disciplinary probation, and exclusion from on-campus housing. We agree with petitioner that the record is devoid of any evidence, much less substantial evidence, to support respondent's determination. Instead, respondent's determination rests exclusively on a "seriously controverted" hearsay statement, and that does not, as a matter of law, constitute substantial evidence. We therefore annul the determination, grant the petition, and direct respondent to expunge all references to this matter from petitioner's school record. We decline respondent's….. To continue reading this legal news please click Read full information...

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The Supreme Court’s Disingenuous Funeral Ceremony for Korematsu

Instead of truly putting Korematsu to rest, the Muslim ban decision revived that shameful decision under another name. Over Independence Day weekend, I joined hundreds of fellow Japanese-Americans at the Tule Lake Pilgrimage. Held on the site of the Tule Lake Segregation Center, this pilgrimage offers a chance to remember how the U.S. government imprisoned our families without trial during World War II. President Franklin D. Roosevelt provided the legal authority for this incarceration by signing Executive Order 9066, which directed military officials to “prescribe military areas . . . from which any or all persons may be excluded.” The language of the order was facially neutral, in that it named no particular ethnic groups. However, everyone involved in its drafting and implementation knew it would target people of Japanese ancestry, both U.S.-born citizens and noncitizen immigrants. In the ensuing weeks and months, Lt. General John L. DeWitt — an avowed….. To continue reading this legal news please click Read full information...

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Stop-and-Frisk Settlement in Milwaukee Lawsuit Is a Wakeup Call for Police Nationwide

Police must institute reforms to end biased policing and unlawful stops and frisks. In a banner day for police reform, the city of Milwaukee has entered into a settlement agreement to end practices amounting to a decade-long stop-and-frisk program that resulted in hundreds of thousands of baseless stops as well as racial and ethnic profiling of Black and Latino people citywide. The agreement provides a roadmap for how the Milwaukee Police Department and Fire and Police Commission must reform to protect the constitutional rights of the people they serve. The reforms are local, but the implications are national. This settlement sends a signal to police departments across the country about how to remedy stop-and-frisk practices that wrongfully criminalize people of color. The reforms in Milwaukee are the result of the settlement of Collins v. City of Milwaukee, a 2017 lawsuit brought by the ACLU and the law firm of Covington & Burling LLP on behalf of Black and Latino people,….. To continue reading this legal news please click Read full information...

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