Constitutional Law: Cases, Comments and Questions

CO-AUTHORS Jesse H. Choper, Michael C. Dorf, and Richard H., Fallon Jr.

PUBLISHER

West Academic

DATE

2019

UVA Law Faculty Affiliations

Frederick Schauer

Jesse H. Choper et al., Constitutional Law: Cases, Comments and Questions, West Academic (2019 ed. 2019).

Solidarity Federalism
Ruth Mason
Studies of federalism, especially in the United States, have mostly centered on state autonomy and the vertical relationship between the states and... MORE
Models of Judicial Review
Mila Versteeg
Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating... MORE
FOSTA's Mess
Danielle K. Citron
In 2018, Congress rightly highlighted the problem of sex trafficking, which is a moral abomination and vicious scourge. It condemned sites like... MORE

Bad Faith Prosecution
Ann Woolhandler

Michael G. Collins
In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more... MORE
Vaccine Passports as a Constitutional Right
Kevin Cope
Does the U.S. Constitution guarantee a right to a vaccine passport? In the United States and elsewhere, vaccine passports have existed for over a... MORE
Procuring Algorithmic Transparency
Elizabeth A. Rowe
Artificial intelligence tools (“AI”) have great potential to improve government functions and efficiency. These algorithmic tools, protected by trade... MORE

Is the Biggest Supreme Court Case This Term About Bacon?
Ruth Mason
Last month, the U.S. Supreme Court heard oral arguments in National Pork Producers Council v. Ross, a Ninth Circuit case out of California dismissing... MORE
A Common Good Constitutionalist Feminism?
Julia D. Mahoney
In “A Constitution for the Common Good?” James Stoner argues that common good constitutionalism “deserves serious attention” as “a way of thinking... MORE
The City in the Future of Federalism
Richard C. Schragger
Cities have been largely absent from the theory and doctrine of federalism, especially in the US, where federalism discourse is invariably... MORE

Is it Legal to Travel for Abortion After Dobbs?
Naomi R. Cahn
When the Supreme Court recently returned the issue of abortion to the states, Justice Brett Kavanaugh indicated in his concurrence that interstate... MORE
Big 10: Constitutional law experts on what's next for Supreme Court
Bertrall Ross
"As a constitutional matter, Dobbs provides a clear opening for overturning Obergefell and returning the regulation of marriage to the democratic... MORE
Dobbs and the Relevance of Experience
Charles Barzun
Without question the most important thing about the Dobbs decision is its dramatic impact on the availability of abortion access for women in huge... MORE

Reactions to the Biden administration’s proposed Title IX changes from education law scholars
Kimberly J. Robinson
On June 23, 1972, President Nixon signed the Education Amendments Act of 1972. Title IX of the Act has become one of the most important, yet... MORE
Do Local Governments Really Have Too Much Power? Understanding the National League of Cities’ Principles of Home Rule for the 21st Century
Richard C. Schragger
This Article is an explanation and defense of the National League of Cities’ (NLC) Principles of Home Rule for the Twenty-First Century, which the... MORE
Judging Progress: Roe, Casey and the idea of social change
Charles Barzun
Ever since the recent leak of Supreme Court Justice Samuel Alito’s draft opinion in the Dobbs v. Jackson Women’s Health Organization case, the media’... MORE

The Effect of Constitutional Gender Equality Clauses
Mila Versteeg
In the past decades, clauses guaranteeing gender equality have become a common feature of national constitutions. During that time, de facto gender... MORE
Migrant-Family Separation and the Diverging Normative Force of Higher-Order Laws
Kevin Cope
A growing experimental literature suggests that international law appears to have a larger impact on public opinion than constitutional law. Because... MORE
Privacy Injunctions
Danielle K. Citron
Violations of intimate privacy can be never ending. As long as nonconsensual pornography and deepfake sex videos remain online, privacy violations... MORE