Professor Pamela Karlan Testimony
Total Page：16
File Type：pdf, Size：1020Kb
Load more
Recommended publications
-
Full Article
087 OUELLETTE 2/28/2013 3:24 PM HEALTH REFORM AND THE SUPREME COURT: THE ACA SURVIVES THE BATTLE OF THE BROCCOLI AND FORTIFIES ITSELF AGAINST FUTURE FATAL ATTACK Alicia Ouellette* The single most important legal development in health law in 2012 was the Supreme Court‘s June 28 decision upholding the Patient Protection and Affordable Care Act (―ACA‖) against a surprisingly strong constitutional challenge.1 The decision in National Federation of Independent Business v. Sebelius (―NFIB‖)2 forever altered the scope of federal congressional power. Specifically, it diminished the authority of Congress under the Commerce and Spending Clauses and stretched its authority under the Taxing Clause.3 The implications of the decision with respect to both health reform, and congressional power more generally, will only be known with the passage of time.4 What the decision did * Associate Dean and Professor of Law, Albany Law School. Many thanks to Michelle Mallette for her excellent research and assistance in preparation of this article, and Kanika Johar, Mary D‘Agostino, and the rest of the Albany Law Review for their patience and editorial support. 1 The overwhelming majority of constitutional and health law scholars dismissed as without merit the Commerce and Spending Clause challenges brought against the law based on almost a hundred years of precedent. See Constitutionality of Health Care Law „Unambiguous,‟ Say More than 100 Leading Scholars, AM. CONST. SOC‘Y (Jan. 18, 2011) [hereinafter Constitutionality], http://www.acslaw.org/acsblog/constitutionality-of-health-care- law-‘unambiguous‘-say-more-than-100-leading-scholars (listing the almost one-hundred-thirty legal scholars supporting the constitutionality of the Affordable Care Act). -
Digital Shopping Malls and State Constitutions — a New Font of Free Speech Rights?
Harvard Journal of Law & Technology Volume 33, Number 1 Fall 2019 DIGITAL SHOPPING MALLS AND STATE CONSTITUTIONS — A NEW FONT OF FREE SPEECH RIGHTS? Andrei Gribakov Jaffe* TABLE OF CONTENTS I. INTRODUCTION .............................................................................. 269 II. APPLYING PRUNEYARD TO THE INTERNET .................................... 273 A. The Pruneyard Decision(s) ....................................................... 273 B. Evolution of the Pruneyard Doctrine ........................................ 274 C. Extending Pruneyard Beyond Shopping Malls ......................... 276 III. FEDERALISM BARRIERS TO APPLYING PRUNEYARD TO THE INTERNET ...................................................................................... 278 A. The Current Bulwark — CDA § 230 ........................................ 279 B. Dormant Commerce Clause ..................................................... 283 C. Federal Common Law — Is There a Dormant Speech Clause? .................................................................................. 286 IV. REVISITING PRUNEYARD TODAY: CORPORATE FIRST AMENDMENT RIGHTS AND REASONABLE RESTRICTIONS ............. 288 V. CONCLUSION ................................................................................ 291 I. INTRODUCTION In May 2019, Donald Trump tweeted that he is “continuing to monitor the censorship of AMERICAN CITIZENS on social media platforms” and declared that the government is “monitoring and watching[] closely.” 1 In response, Orin Kerr dryly noted, “[g]overnment -
Islam Symposium: an Introduction Robert A
University of St. Thomas Law Journal Volume 7 Article 1 Issue 3 Spring 2010 2010 Islam Symposium: An Introduction Robert A. Kahn University of St. Thomas School of Law, [email protected] Bluebook Citation Robert A. Kahn, Foreword, Islam Symposium: An Introduction, 7 U. St. Thomas L.J. vii (2010). This Foreword is brought to you for free and open access by UST Research Online and the University of St. Thomas Law Journal. For more information, please contact [email protected]. FOREWORD ISLAM SYMPOSIUM: AN INTRODUCTION ROBERT A. KAHN* I. ISLAM, CONSTITUTIONAL LIBERTIES, AND THE CURRENT POLITICAL CLIMATE In early 2009, the University of St. Thomas Law Journal decided to hold a symposium on “Islamic Law and Constitutional Liberty.” One moti- vation for the symposium was the hostile reception given to the Archbishop of Canterbury’s speech calling for the British legal system to take a more positive attitude toward Islamic Law.1 Another motivation arose in Ontario, where opponents of Sharia law outlawed its application in family law-based arbitration following a lengthy campaign.2 In addition to these develop- ments—which bore directly on Islamic law—came a rising tide of Euro- pean laws aimed at Muslim clothing, especially the headscarf and burqa.3 To address the growing assertion that Islam is somehow incompatible with liberal democratic norms, the symposium directed its attention to the challenges, opportunities, and tensions that might exist between Islamic law * Associate Professor of Law, University of St. Thomas School of Law. 1. See generally Doctor Rowan Williams, Archbishop of Canterbury, Archbishop’s Lecture - Civil and Religious Law in England: A Religious Perspective (Feb. -
THE FALL and RISE of the ISLAMIC STATE a Project on U.S
THE FALL AND RISE OF THE ISLAMIC STATE A Project on U.S. Relations with the Islamic World Policy Luncheon with Noah Feldman Professor of Law Harvard University Lama Abu-Odeh Professor of Law Georgetown University Moderated by: Stephen R. Grand Fellow and Director Project on U.S. Relations with the Islamic World Saban Center at Brookings Thursday, May 29th, 2008 12:30-2:00 p.m., Stein Room The Brookings Institution 1775 Massachusetts Ave. NW Washington, D.C. 20036 * * * * * 2 PROCEEDINGS MR. GRAND: Let me welcome everyone here today. My name is Steve Grand. I am Director of the Project on U.S. Relations with the Islamic World housed within the Saban Center for Middle East Policy at Brookings. We are extremely pleased today to have with us Professor Noah Feldman for discussion of his new book "The Fall and Rise of the Islamic State." We are also pleased to have with him as a commentator today Professor Lama Abu-Odeh. I believe you have in your materials bios on both of the speakers, so I will just briefly introduce them and turn to Noah to speak briefly about the book and then Professor Abu-Odeh to offer some comments on the book. Then we will open it to a more general discussion. For those who do not know Professor Noah Feldman, he is a professor of law just recently moved to Boston where he is at Harvard Law School, previously at Yale University. He's also an Adjunct Senior Fellow at the Council on Foreign Relations. In addition to being a former Rhodes Scholar and Carnegie Scholar, in 2003 he served as Senior Constitutional Adviser to the Coalition Provisional Authority in Iraq and played an important role in advising the Iraq Governing Council on the drafting of the Interim Constitution. -
Impeachment, Donald Trump and the Attempted Extortion of Ukraine
Pace Law Review Volume 40 Issue 2 Article 4 July 2020 IMPEACHMENT, DONALD TRUMP AND THE ATTEMPTED EXTORTION OF UKRAINE Lawrence J. Trautman [email protected] Follow this and additional works at: https://digitalcommons.pace.edu/plr Part of the Law Commons Recommended Citation Lawrence J. Trautman, IMPEACHMENT, DONALD TRUMP AND THE ATTEMPTED EXTORTION OF UKRAINE, 40 Pace L. Rev. 141 (2020) Available at: https://digitalcommons.pace.edu/plr/vol40/iss2/4 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. IMPEACHMENT, DONALD TRUMP AND THE ATTEMPTED EXTORTION OF UKRAINE Lawrence J. Trautman1 TABLE OF CONTENTS I. INTRODUCTION ............................................................... 143 II. THE CONSTITUTIONAL PROVISION FOR IMPEACHMENT ....................................................................... 144 A. Treason ......................................................................... 145 B. Bribery .......................................................................... 145 C. Other High Crimes and Misdemeanors ..................... 145 D. Impeachment Is An Emergency Measure .................. 146 III. HISTORY OF U.S. PRESIDENTIAL IMPEACHMENT PROCEEDINGS ........................................................................ 148 A. President Andrew Johnson ......................................... 149 -
The Fall and Rise of the Islamic State by Noah Feldman, Princeton University Press, 2008, 200 Pp
The Fall and Rise of the Islamic State by Noah Feldman, Princeton University Press, 2008, 200 pp. Samuel Helfont Noah Feldman is one of the most prolific public intellectuals in the United States today. Fluent in Arabic, with a law degree from Yale and a D.Phil in Islamic thought from Oxford, he is a uniquely qualified participant in the battle of ideas surrounding Islam and the Middle East. Indeed, he is one of the few academics who had the courage to go beyond intellectual debates and offer to help solve America’s Middle Eastern woes. At the outset of the Iraq War in 2003, many academics with considerable knowledge and ability refused to have anything to do with the war or its practitioners. They preferred to remain comfortably on the sidelines, offering criticisms but very seldom solutions. There were a handful, however, who recognised that whatever their qualms with the war, they had an obligation to help alleviate the suffering, if not of the American administration, then at least of the Iraqi people. Noah Feldman was one such academic. He worked for the Coalition Provisional Authority in Baghdad and he had an advisory role in the development of Iraq’s post-war constitution. Feldman’s return to academia after such an endeavour should be heartening to those who argue that supporting American foreign policy is incompatible with the leftist atmosphere on many university campuses. In an incident that should (but almost certainly will not) help to quell the indignation of some parts of the American right, Feldman’s return to the halls of academia after serving in Iraq was not met with protests or black-listing. -
The Collision of Social Media and Social Unrest: Why Shutting Down Social Media Is the Wrong Response, 11 Nw
Northwestern Journal of Technology and Intellectual Property Volume 11 | Issue 7 Article 7 Fall 2013 The olC lision of Social Media and Social Unrest: Why Shutting Down Social Media is the Wrong Response Mirae Yang Recommended Citation Mirae Yang, The Collision of Social Media and Social Unrest: Why Shutting Down Social Media is the Wrong Response, 11 Nw. J. Tech. & Intell. Prop. 707 (2013). https://scholarlycommons.law.northwestern.edu/njtip/vol11/iss7/7 This Comment is brought to you for free and open access by Northwestern Pritzker School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Technology and Intellectual Property by an authorized editor of Northwestern Pritzker School of Law Scholarly Commons. NORTHWESTERN JOURNAL OF TECHNOLOGY AND INTELLECTUAL PROPERTY The Collision of Social Media and Social Unrest: Why Shutting Down Social Media is the Wrong Response Mirae Yang September 2013 VOL. 11, NO. 7 © 2013 by Northwestern University School of Law Northwestern Journal of Technology and Intellectual Property Copyright 2013 by Northwestern University School of Law Volume 11, Number 7 (September 2013) Northwestern Journal of Technology and Intellectual Property The Collision of Social Media and Social Unrest: Why Shutting Down Social Media is the Wrong Response By Mirae Yang∗ I. INTRODUCTION .............................................................................................. 708 II. THE RECENT HISTORY OF SOCIAL MEDIA'S EFFECT ON SOCIAL UPRISINGS ACROSS THE WORLD AND THE GOVERNMENT’S SUBSEQUENT -
Michael Gerhardt & Richard Painter
“EXTRAORDINARY CIRCUMSTANCES:” The Legacy of the Gang of 14 and a Proposal for Judicial Nominations Reform Michael Gerhardt & Richard Painter November 2011 REVISED All expressions of opinion are those of the author or authors. The American Constitution Society (ACS) takes no position on specific legal or policy initiatives. “EXTRAORDINARY CIRCUMSTANCES:” The Legacy of the Gang of 14 and a Proposal for Judicial Nominations Reform Michael Gerhardt & Richard Painter On May 23, 2005, seven Republican and seven Democratic senators banded together to block a movement that would have changed the Senate forever. Because the Senate at that moment was otherwise almost evenly divided over a radical plan to revise the rules of the Senate to bar judicial filibusters without following the Senate’s rules for making such a revision, the Gang of 14,1 as the senators became known, controlled the future of judicial filibusters. They each agreed not to support a filibuster of a judicial nomination unless there were “extraordinary circumstances.” For the remainder of George W. Bush’s presidency, the agreement held, and there were no filibusters of judicial nominations. But, in the past two and a half years, several developments have threatened the continued viability of the agreement of the Gang of 14: Five members of the Gang are no longer in the Senate;2 Democrats took control of both the House and the Senate in 2006 and managed to hold onto a majority of seats in the Senate, albeit by a thinner margin, in 2010; and delays and obstruction of judicial nominations re-intensified after President Obama came into office. -
1 Laura Kalman Court Packing As History and Memory Open Any U.S
Laura Kalman Court Packing as History and Memory Open any U.S. history textbook and you will find some version of the following story. During Franklin Roosevelt’s first term, a liberal President and Congress confronted the “nine old men” of the Supreme Court, a majority of whom waged war against the New Deal’s push to end the reign of conservative laissez-faire. The “reactionary” elderly justices in the majority struck down statute after statute, often by razor-thin margins. Then in November 1936, FDR won the greatest electoral college and popular victory ever. Flush with success, he introduced a bill the following February that would reorganize the judiciary and help out the “overworked” Court by adding a new justice for every member who remained on the Court for more than six months past his seventieth birthday, up to a total of fifteen justices. That rationalization hid Roosevelt’s real motivation for the proposal. During his first term in office, he had not had a single vacancy on the Court, where six justices over seventy sat, five of whom he believed were staying on to the bench to thwart his program of economic recovery and social reform. His Court Bill ignited a firestorm that made the battle over the League of Nations look tame. Horrified Republicans and even some Democrats accused the President of “packing” the Court for ideological gain. When the Court stunned the Administration by handing down decisions favoring it in the spring, some maintained that Roosevelt should back off because the justices had bent to his will. -
Domestic Applications of Sharia and the Exercise of Ordered Liberty
SONNE (DO NOT DELETE) 6/22/2015 5:03 PM Domestic Applications of Sharia and the Exercise of Ordered Liberty James A. Sonne* I. INTRODUCTION ......................................................................... 718 II. CONFLICTS, COMITY, AND RELIGION ....................................... 723 III. SHARIA AND ITS DOMESTIC APPLICATIONS ............................ 728 A. Sharia Generally ........................................................ 729 B. Marriage and Family .................................................. 730 C. Estate Planning .......................................................... 735 D. Alternative Dispute Resolution ................................. 737 IV. SHARIA’S (DOMESTIC) DISCONTENTS .................................... 741 A. Sharia-Specific Bans................................................... 744 B. No Religious Codes ................................................... 746 C. Foreign-Law Limitations ........................................... 747 V. SHARIA AND RELIGIOUS LIBERTY ............................................. 752 VI. CONCLUSION .......................................................................... 759 Sharia. Religion scholars may dispute the precise meaning of the term, but it invariably provokes immediate and conflicting reactions among the American public. To believers, it is a series of sacred precepts ordained by God to help foster a holy life. To critics, it is an oppressive and theocratic menace that must be stopped at all costs. But whatever the meaning or merits of sharia as -
The Epistemic Function of Fusing Equal Protection and Due Process
William & Mary Bill of Rights Journal Volume 28 (2019-2020) Issue 2 Constitutional Rights: Intersections, Article 6 Synergies, and Conflicts December 2019 The Epistemic Function of Fusing Equal Protection and Due Process Deborah Hellman Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, Fourteenth Amendment Commons, and the Law and Philosophy Commons Repository Citation Deborah Hellman, The Epistemic Function of Fusing Equal Protection and Due Process, 28 Wm. & Mary Bill Rts. J. 383 (2019), https://scholarship.law.wm.edu/wmborj/vol28/iss2/6 Copyright c 2020 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj THE EPISTEMIC FUNCTION OF FUSING EQUAL PROTECTION AND DUE PROCESS Deborah Hellman* ABSTRACT The fusion of equal protection and due process has attracted significant attention with scholars offering varied accounts of its purpose and function. Some see the com- bination as productive, creating a constitutional violation that neither clause would generate alone. Others see the combination as merely strategic, offered to make a claim acceptable at a particular historical moment but not genuinely necessary. This Article offers a third alternative. Judges have and should bring both equal protection and due process together to learn what each clause independently requires. On this Epistemic vision of constitutional fusion, a focus on equality helps judges learn what rights are truly fundamental, and a focus on who lacks fundamental liberties helps judges learn which groups need the special protection of heightened review under the Equal Protection Clause. -
Michael Gerhardt Is Burton Craig Distinguished Professor Of
Michael Gerhardt is Burton Craig Distinguished Professor of Jurisprudence at the University of North Carolina at Chapel Hill and inaugural Richard Beeman Scholar in Residence at the National Constitution Center and the University of Pennsylvania Law School. The principal focus of Professor Gerhardt’s scholarship and public service has been the constitutional conflicts between presidents and Congress. Throughout his career, Professor Gerhardt’s scholarship and public service have complemented each other. Besides authoring or co-authoring more than 100 law review articles and dozens of op eds in major newspapers, Professor Gerhardt has authored six books, each of which is considered to be the leading treatise on its subject. These books are Impeachment: What Everyone Needs to Know (Oxford University Press 2018); The Federal Impeachment Process: A Constitutional and Historical Analysis (University of Chicago Press 2019); The Power of Precedent (Oxford University Press 2008); and The Federal Appointments Process: A Constitutional and Historical Analysis (Duke University Press rev. edition 2000). The Financial Times named his book, The Forgotten Presidents: Their Forgotten Constitutional Legacy (Oxford University Press), as one of the best non-fiction books published in 2013. Professor Gerhardt is the co-author of casebooks on constitutional theory and the legislative process. Professor Gerhardt’s extent of service to Congress as an expert and special counsel is unusually extensive. In 1998, he was the only joint witness to testify before the House of Representatives during President Clinton’s impeachment; and he was the only legal scholar invited to meet with the entire House behind closed doors to discuss the impeachment process.