Dec 1, 2020 | Article, Clay Calvert, Constitutional Law, Feature, First Amendment
By Clay Calvert Abstract The United States Supreme Court’s 2010 opinion in the crush-video case of United States v. Stevens made it extremely difficult to declare new varieties of low-value speech unprotected by the First Amendment. Five years later, the Court’s...
Sep 1, 2020 | Comment, Constitutional Law, Criminal, Fourth Amendment, Morgan Smith
By Morgan Smith Abstract Under current Supreme Court precedent, the “sniff” of a trained drug detection dog generally does not constitute a search within the meaning of the Fourth Amendment because of the dog’s unique ability to detect contraband items without...
Sep 1, 2020 | Article, Civil Rights and Discrimination, Constitutional Law, Edward A. Hartnett
By Edward A. Hartnett Abstract We live in troubled times, with competing political camps acting like opposing tribes. We live in separate enclaves, get our information from separate sources, and remain inside our own information bubbles. We should bear these divisions...
Sep 1, 2019 | 100th Anniversary of Schenck and Abrams, Article, Constitutional Law, First Amendment, Ronald J. Krotoszynski, Jr., Supreme Court of the United States, Symposium
By Ronald J. Krotoszynski, Jr. Abstract Justice Oliver Wendell Holmes pioneered the clear and present danger test as the constitutional yardstick for determining when the government could punish speech that might cause social harms. The Supreme Court’s decision...
Sep 1, 2019 | 100th Anniversary of Schenck and Abrams, Article, Christopher Wolfe, Constitutional Law, First Amendment, Supreme Court of the United States, Symposium
By Christopher Wolfe Abstract In this brief Article, I would like to offer some reflections on the First Amendment freedom of speech and press guarantee from an originalist perspective. This area seems to me to be one that is particularly difficult for originalists,...
Dec 1, 2018 | Chelsea Till, Comment, Constitutional Law, Disaster Law
By Chelsea Till Abstract Natural disasters are on the rise and religious organizations, the same organizations that came to victims’ rescue in the wake of the last natural disaster, are often left in the path of destruction. Under President Trump’s administration,...
Mar 1, 2012 | Article, Constitutional Law, Richard Albert
By Richard Albert Abstract The very first words of the very first amendment to the United States Constitution continue to frustrate the quest for constitutional clarity. The Bill of Rights’ Establishment Clause commands in plain terms that “Congress shall...
Jun 1, 2011 | Article, Constitutional Law, Health Law and Policy, Joshua Hinckley Porter, Thomas L. Hafemeister
By Thomas L. Hafemeister and Joshua Hinckley Porter Abstract Currently, there are a series of legal challenges to the Patient Protection and Affordable Care Act (PPACA) winding their way through the courts, driven primarily by elected Republican officials from various...
