Constitutional Law Prof Blogtag:typepad.com,2003:weblog-17318182009-11-13T23:58:00-05:00A Member of the Law Professor Blogs NetworkTypePadConstitutionalLawProfBloghttp://feedburner.google.comTaking Private Property for Private Abandonment?: An Update on Kelotag:typepad.com,2003:post-6a00d8341bfae553ef0128759a24f4970c2009-11-13T23:58:00-05:002009-11-14T13:16:14-05:00The "takings clause" of the Fifth Amendment provides "nor shall private property be taken for public use without just compensation.” Much of the constitutional controversy has revolved around "taking," especially when the "taking" is through regulation rather than physical appropriation....constitutional lawbloggerGovernment to Try Five Guantanamo Detainees in Federal Courttag:typepad.com,2003:post-6a00d8341bfae553ef0120a698c9cd970b2009-11-13T17:35:46-05:002009-11-13T17:35:46-05:00Attorney General Eric Holder announced today that the government will transfer ten Guantanamo detainees to the U.S. for trial. The government will try five Guantanamo detainees in the regular federal courts for their roles in the 9/11 attacks, and five...constitutional lawbloggerCato, Barnett Weigh in on Extended Civil Commitment of "Sexually Dangerous" Personstag:typepad.com,2003:post-6a00d8341bfae553ef0120a68d93e3970b2009-11-12T17:03:29-05:002009-11-12T17:03:29-05:00The Cato Institute and Professor Randy Barnett (Georgetown) filed an amicus brief in U.S. v. Comstock, the case involving Title III of the Adam Walsh Child Protection Act, 18 U.S.C. Sec. 4248, which authorizes the Attorney General to place in...constitutional lawbloggerCivil Rights in the Obama Era: Conference tag:typepad.com,2003:post-6a00d8341bfae553ef0128757b019b970c2009-11-11T11:25:42-05:002009-11-11T11:26:16-05:00The relationships between civil rights and constitutionalism will be explored this Friday, November 13, in a day long conference at Valparaiso University School of Law organized by Professor Penelope Andrews. Professor Frank I. Michelman, Harvard Law School, will kick-off the...constitutional lawbloggerIs an Individual Health Insurance Mandate Constitutional?tag:typepad.com,2003:post-6a00d8341bfae553ef012875786fbf970c2009-11-10T20:30:46-05:002009-11-10T22:51:26-05:00Dean Erwin Chemerinsky (Irvine) and David B. Rivkin (Baker & Hostetler) are debating the constitutionality of an individual health insurance mandate as part of the federal healthcare overhaul in the Federalist Society Online Debate Series. The issue--whether Congress has authority...constitutional lawbloggerA Constitutional Play at the AALS Annual Meetingtag:typepad.com,2003:post-6a00d8341bfae553ef0128756e0d07970c2009-11-09T23:27:09-05:002009-11-09T23:27:09-05:00Actor, playwright, and Con Law Prof Paul Baier (LSU) has organized a preview production of his new play, "Father Chief Justice": Edward Douglass White and the Constitution during the AALS Annual Meeting in January. Con Law Profs attending the Annual...constitutional lawbloggerFrench and American Constitutionalism: Panel Discussiontag:typepad.com,2003:post-6a00d8341bfae553ef012875612084970c2009-11-06T12:36:00-05:002009-11-07T12:38:10-05:00On November 11, 2009, at 6pm, in New York City, Cardozo School of Law is sponsoring a discussion comparing how the United States and France cope with globalization and internationalization of law. The discussion is sponsored by Carozo's Floersheimer Center...constitutional lawbloggerRacial and Economic Integration of K-12 Schools: Conferencetag:typepad.com,2003:post-6a00d8341bfae553ef0120a6a9ade0970c2009-11-04T17:37:51-05:002009-11-04T17:59:21-05:00Reaffirming the Role of School Integration in K-12 Public Education Policy: A Conversation Among Policymakers, Advocates and Educators is the title of a conference to be held at Howard University School of Law Washington, D.C. on Friday, November 13, 2009....constitutional lawbloggerHealth Care Constitutionality Revisitedtag:typepad.com,2003:post-6a00d8341bfae553ef0120a64cbb55970b2009-11-02T20:34:53-05:002009-11-02T20:36:24-05:00Recently, this blog discussed an article considering the constitutionality of the current health care proposals. More developments have occurred since that writing. As promised, here is an update. In a column for politico.com, Erwin Chemerinsky, noted Con Law scholar and...constitutional lawbloggerWho is Lady Brenda Hale?tag:typepad.com,2003:post-6a00d8341bfae553ef0120a64c6d34970b2009-11-02T19:27:57-05:002009-11-02T19:37:14-05:00"A home maker as well as a judge, she thoroughly enjoyed helping the artists and architects create a new home for The Supreme Court." The Supreme Court in question is the new Supreme Court of the United Kingdom. Brenda Hale,...constitutional lawbloggerJustice Scalia, Originalism, and Life in the 21st Centurytag:typepad.com,2003:post-6a00d8341bfae553ef0120a643641d970b2009-10-31T02:09:56-04:002009-11-02T20:08:28-05:00Earlier this week, Justice Scalia and Justice Breyer debated methods of constitutional interpretation before an audience in Tuscon, Arizona. During the event, Justice Scalia accused some of his colleagues of "making up rights." Justice Breyer, for his part, said that...constitutional lawbloggerTranslating Equalitytag:typepad.com,2003:post-6a00d8341bfae553ef0120a6406291970b2009-10-30T16:15:36-04:002009-10-30T16:16:47-04:00Third Annual Distinguished Conversation at CUNY School of Law TRANSLATING EQUALITY: LANGUAGE, LAW & POETRY A conversation between Professors Jenny Rivera & Kimiko Hahn Moderated by Professor Ruthann Robson Friday, November 6, 2009 at 11 am City University of New...constitutional lawbloggerFull Ninth Circuit to Review Jeppesen, State Secrets rulingtag:typepad.com,2003:post-6a00d8341bfae553ef0120a631a998970b2009-10-28T20:49:46-04:002009-10-28T20:50:21-04:00A majority of participating judges on the Ninth Circuit voted yesterday to grant en banc review to Mohamed v. Jeppesen Dataplan, the three-judge panel ruling that rejected the Bush and Obama administrations' state secrets claim. Six judges, including Judge Bybee,...constitutional lawbloggerAmicus Metzger Talks About Free Enterprise Fundtag:typepad.com,2003:post-6a00d8341bfae553ef0120a624feb9970b2009-10-27T13:29:47-04:002009-10-27T13:32:03-04:00I spoke yesterday with Professor Gillian Metzger (Columbia) about her amicus brief in Free Enterprise Fund v. Public Co. Accounting Oversight Board, the case challenging Sarbanes-Oxley's new PCAOB, a body within the SEC, on Appointments Clause and separation of powers...constitutional lawbloggerMetzger on Internal and External Separation of Powerstag:typepad.com,2003:post-6a00d8341bfae553ef0120a676a24f970c2009-10-26T00:49:41-04:002009-10-26T09:10:40-04:00Professor Gillian Metzger (Columbia) recently posted her thoughtful piece, The Interdependent Relationship Between Internal and External Separation of Powers, on SSRN. The article explores the relationships between internal and external checks on the executive and starts an important conversation on...constitutional lawbloggerMore listening and more diversity needed on SCOTUS, says Justice Thomastag:typepad.com,2003:post-6a00d8341bfae553ef0120a67344bb970c2009-10-24T20:19:00-04:002009-10-24T20:19:00-04:00Justice Clarence Thomas, in a talk at the University of Alabama School of Law, yesterday reportedly said that the Justices already know where they stand before oral argument, and asked, "So why do you beat up on people if you...constitutional lawbloggerInterracial Marriages as Children's Rights: Robson's Saturday Evening Reviewtag:typepad.com,2003:post-6a00d8341bfae553ef0120a672fdef970c2009-10-24T16:59:15-04:002009-10-24T16:59:15-04:00There was startling news last week of a Louisiana justice of the peace who said he refused to issue a marriage license to an interracial couple out of concern for any children the couple might have. As one of my...constitutional lawbloggerHot Off the Presses tag:typepad.com,2003:post-6a00d8341bfae553ef0120a61ad076970b2009-10-24T10:45:31-04:002009-10-24T10:45:31-04:00Hello. This installment of Hot off the Presses will consider two articles that explore different facets of the same problem - racial intergration of our public schools. 1. A New Strategy for Pursuing Racial and Ethnic Equality in Public Schools...constitutional lawbloggerReproductive Rights Rounduptag:typepad.com,2003:post-6a00d8341bfae553ef0120a6718762970c2009-10-24T01:20:24-04:002009-10-24T01:27:15-04:00There are a number of reproductive rights issues in the news this week. Here is a summary of the relevant stories. ARIZONA The ACLU is once again battling Joe Arpaio, the Sheriff of Maricopa County, Arizona, in court. Previous litigation...constitutional lawbloggerOf Marriage, Monopolies, and Federalismtag:typepad.com,2003:post-6a00d8341bfae553ef0120a6171af1970b2009-10-23T08:12:04-04:002009-10-23T08:13:06-04:00Do the states have a marriage monopoly? That's the intriguing question posed by Adam Candeub and Mae Kuykendall, of Michigan State University College of Law, in their new article, E-Marriage: Breaking the Marriage Monopoly. They argue: States inadvertently have created...constitutional lawblogger