Constitutional Law

/Constitutional Law
14 Oct, 2014

A Visit From Erwin Chemerinsky

2019-03-18T18:47:33-05:00October 14th, 2014|

Last Thursday, my wife and I had the special privilege of attending the keynote presentation by Erwin Chemerinsky at the Nebraska State Bar Association Annual Meeting. For many years I have known Dean Chemerinsky through the brief preparation services we provide for him. While he is recognized around the world as an elite legal scholar [...]

5 Oct, 2013

Conversations About the Law Series: Josh Blackman

2019-03-18T18:47:41-05:00October 5th, 2013|Tags: , , , |

Over the next couple of months, the CockleBur will provide a series of conversations about the law with a number of prominent legal journalists, practitioners, scholars, policy makers, and social justice advocates. I chose these particular people because I think they can bring a unique perspective about topics such as advocacy, legal [...]

15 Jun, 2013

The Voting Rights Act Is Living On Borrowed Time

2019-03-18T18:47:41-05:00June 15th, 2013|Tags: , , , |

On Monday, the Supreme Court will announce some opinions, one of which could be Shelby County v. Holder, the case questioning whether the Voting Rights Act is constitutional. This is not a case that I paid great attention to, until I enrolled in a Supreme Court decisionmaking class at my law school. In class I sat [...]

14 Mar, 2013

The Long Life and Now Death of the Virginia Sodomy Statute

2019-03-18T18:47:42-05:00March 14th, 2013|Tags: , , , , , , |

Even though the Supreme Court invalidated this country’s sodomy laws ten years ago in Lawrence v. Texas, the State of Virginia has continued to press forward with prosecuting a few people for consensual sex acts. That is until yesterday, when a panel of the Fourth Circuit held the Virginia statue is unconstitutional [...]

16 Feb, 2013

Yale Kamisar’s Interactive Article on Miranda

2019-03-18T18:47:43-05:00February 16th, 2013|

The Washington Law Review recently published an interactive article written by Professor Yale Kamisar entitled, The Rise, Decline, and Fall (?) of Miranda. The article provides hyperlinks to source documents, including key cases, memoranda, and recordings of Supreme Court oral arguments. You can find the article here. For those of you unfamiliar with Kamisar's work, he is widely [...]

19 Jun, 2012

Road to Washington

2019-03-18T18:47:44-05:00June 19th, 2012|Tags: , , |

To quote my Constitutional Law professor, G. Michael Fenner, “it’s about power.” Last month, Cockle Printing filed two petitions for writ of certiorari in the U.S. Supreme Court: Wyoming v. USDA, et al., and Colorado Mining Association v. USDA, et al. [The Court has vided these cases at: 11-1378 and 11-1384, respectively]. Petitioners asked whether [...]

15 May, 2012

Does Tasering a Pregnant Woman Over a Speeding Ticket Violate the Fourth Amendment?

2019-03-18T18:47:45-05:00May 15th, 2012|

Adam Liptak at the New York Times has this great piece about a petition for certiorari asking the Court to grant a case involving some Seattle police officers, who tasered a pregnant woman because she refused to sign a speeding ticket. The police officers won on qualified immunity grounds in a divided en banc decision from the [...]

13 May, 2012

Rosen: pay no attention to the Constitution behind the curtain!

2019-03-18T18:47:45-05:00May 13th, 2012|

In an article for The New Republic, Jeffrey Rosen writes that the recent decision in the Hettinga case has “unmasked” the continuing machinations of Rosen’s “Constitution in Exile” conspiracy. I say his conspiracy because in Rosen’s eyes, the widening circle of lawyers, judges, and law professors who are drawing attention to the many [...]

8 May, 2012

Seventh Circuit Throws Out Ban On Audio Recording Police Officers

2019-03-18T18:47:45-05:00May 8th, 2012|Tags: , , |

Illinois has one of the strictest laws in the country when it comes to people audio recording police officers in public. But then again, Illinois is also known for a long history of police corruption, and maybe the State thought it could prevent a few civil rights settlements by banning people from recording their interactions with police. Whatever the motivation behind the law, it doesn't [...]

20 Feb, 2012

UCLA Law Professors Duel at the Supreme Court

2012-02-20T06:34:03-06:00February 20th, 2012|Tags: , , , , |

On Wednesday, the Supreme Court will hear arguments in United States v. Alvarez. At issue in this case is whether the Stolen Valor Act, 18 U.S.C. § 704(b)--which makes it a crime to falsely represent that you have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States--is [...]