Con Law Center Articles and Publications

 

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Publications from 2022

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Appealable TROs, Bernadette Bollas Genetin

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Concrete Reliance on Stare Decisis in a Post-Dobbs World, Michael Gentithes

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Exigencies, Not Exceptions: How to Return Warrant Exceptions to Their Roots, Michael Gentithes

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Suspect Classifications, Immutability, and Moral Responsibility, Michael Gentithes

Publications from 2021

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Rulifying Reasonable Expectations: Why Judicial Tests, Not Originalism, Create a More Determinate Fourth Amendment, Michael Gentithes

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Reclaiming the Long History of the "Irrelevant" Nineteenth Amendment for Gender Equality, Tracy Thomas

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The Jurisprudence of the First Woman Judge, Florence Allen: Challenging the Myth of Women Judging Differently, Tracy Thomas

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The Long History of Feminist Legal Theory, Tracy Thomas

Publications from 2020

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App Permissions and the Third-Party Doctrine, Michael Gentithes

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Felony Disenfranchisement & the Nineteenth Amendment, Michael Gentithes

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Gobbledygook: Political Questions, Manageability, & Partisan Gerrymandering, Michael Gentithes

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Janus-Faced Judging: How the Supreme Court is Radically Weakening Stare Decisis, Michael Gentithes

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Pandemic Surveillance - The New Predictive Policing, Michael Gentithes

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Suspicionless Witness Stops: The New Racial Profiling, Michael Gentithes

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Book Review, Strange Bedfellows: Marriage in the Age of Women's Liberation, Tracy Thomas

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From Nineteenth Amendment to ERA: Constitutional Amendments for Women's Equality, Tracy Thomas

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More Than the Vote: The Nineteenth Amendment as Proxy for Gender Equality, Tracy Thomas

Publications from 2019

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The End of Miller's Time: How Sensitivity Can Categorize Third-Party Data After Carpenter, Michael Gentithes

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Leveling Down Gender Equality, Tracy Thomas

Publications from 2018

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After Suffrage Comes Equal Rights? ERA as the Next Logical Step, Tracy Thomas and Tracey Jean Boisseau

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After Suffrage Comes Equal Rights? ERA as the Next Logical Step, Tracy Thomas and Tracey Jean Boisseau

Publications from 2017

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Breaking the Cycle: Countering Voter Initiatives and the Underrepresentation of Racial Minorities in the Political Process, Kristen Barnes

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Legal Resources on the Trump Immigration Ban, Center for Constitutional Law

Publications from 2016

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Elizabeth Cady Stanton and the Feminist Foundations of Family Law, Tracy Thomas

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Reconsidering the Remedy of Gender Quotas, Tracy Thomas

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Reviewing Manhart, Tracy Thomas

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The Origins of Constitutional Gender Equality in the Nineteenth-Century Work of Elizabeth Cady Stanton, Tracy Thomas

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The "Radical Conscience" of Nineteenth-Century Feminism, Tracy Thomas

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The Reverberating Effects of Obergefell in Family Courts, Tracy Thomas

Publications from 2015

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Back to Class: Lessons from the Roberts Court Class Action Jurisprudence, Bernadette Bollas Genetin

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"Just a Bit Outside!": Proportionality in Federal Discovery and the Institutional Capacity of the Federal Courts, Bernadette Bollas Genetin

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The Supreme Court's New Approach to Personal Jurisdiction, Bernadette Bollas Genetin

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The Supreme Court's New Approach to Personal Jurisdiction, Bernadette Bollas Genetin

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Tying the Knot with a Surname? The Constitutionality of Japan's Law Requiring a Same Marital Name, Koji Higashikawa

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SCOTUS Summary: Separation of Powers in Zivotofsky v. Kerry, Wilson Huhn

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SCOTUS Summary: The Supreme Court's Decision in King v. Burwell on Healthcare, Wilson Huhn

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Tradition, Policy and the Establishment Clause: Justice Kennedy's Opinion in Town of Greece v. Galloway, Wilson Huhn

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An Introduction to the Women in Law Symposium, Tracy Thomas

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Forward, Women and the Law, Tracy Thomas

Publications from 2014

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THE INFLUENCE OF ABRAHAM LINCOLN ON THE SUPREME COURT’S INTERPRETATION OF THE CONSTITUTIONAL PRINCIPLES OF LIBERTY AND EQUALITY, Wilson Huhn

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Teaching Women's Legal History, Tracy Thomas

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Same-Sex Divorce, Tracy A. Thomas

Publications from 2013

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Realism Over Formalism and the Presumption of Constitutionality: Chief Justice Roberts’ Opinion Upholding the Individual Mandate, Wilson Huhn

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Slaves to Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn

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Supreme Court Update: 2012-2013 Term (Civil Cases in Constitutional Law), Wilson Huhn

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Supreme Court Review: Legalistic Argle-Bargle, Molly McBurney, Kristen Barnes, Bernadette Genetin, Wilson Huhn, William Jordan, Marge Koosed, Rich Lavoie, Brant Lee, Elizabeth Reilly, Bill Rich, Kalyani Robbins, Jeff Samuels, Tracy Thomas, and Katharine Van Tassel

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Teaching Remedies as Problem-Solving: Keeping it Real, Tracy Thomas

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Back to the Future of Abortion Regulation in the First Term, Tracy A. Thomas

Publications from 2012

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Riding Into the Sunset in a "Post-Racial" World: Lessons in Equal Educational Opportunity and College Admissions Schemes in France and the United States, Kristen Barnes

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Excerpts from Chief Justice Roberts' Opinion in NFIB v. Sebelius, Wilson Huhn

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Same-Sex Marriage Litigation Update - September 17, 2012, Wilson Huhn

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The 2011-2012 Supreme Court Term: Decisions in Constitutional Law, Wilson Huhn

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The Civil Rights Movement and the Constitution, Wilson Huhn

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The Constitutionality of the Patient Protection and Affordable Care Act, Wilson Huhn

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The Decision of the Supreme Court on the Constitutionality of the PPACA, Wilson Huhn

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THE FUTURE INTERPRETATION OF THE CONSTITUTION, Wilson Huhn

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THE FUTURE INTERPRETATION OF THE CONSTITUTION AS A RESULT OF THE REELECTION OF PRESIDENT BARACK OBAMA, Wilson Huhn

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The Growing Acceptance and Legal Recognition of Same-Sex Marriage in America Constitutes a Victory for Reality-Based Thinking, Wilson Huhn

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Book Review, Barbara Babcock's Woman Lawyer: The Trials of Clara Foltz, Tracy Thomas

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Forward: "War on Women" in Women and the Law, Tracy Thomas

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Switching to Prophylactic Injunctions, Tracy Thomas

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The Struggle for Gender Equality in the Northern District of Ohio, Tracy Thomas

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Misappropriating Women's History in the Law and Politics of Abortion, Tracy A. Thomas

Publications from 2011

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McDonald v. Chicago, Self-Defense, the Right to Bear Arms, and the Future, Richard Aynes

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Electing our Judges and Judicial Independence: the Supreme Court's "Triple Whammy", Martin Belsky

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Reassessing the Avoidance Canon in Erie Cases, Bernadette Bollas Genetin

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A Higher Law: Abraham Lincoln's Use of Biblical Imagery, Wilson Huhn

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Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law, Wilson Huhn

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Constitutionality of the Patient Protection and Affordable Care Act Under the Commerce Clause and the Necessary and Proper Clause, Wilson Huhn

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Biological Metaphors for Whiteness: Beyond Merit and Malice, Brant T. Lee

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Infinite Hope and Finite Disappointment: The Story of the First Interpreters of the Fourteenth Amendment, Elizabeth Reilly

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Book Review, Tracy Thomas

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Elizabeth Cady Stanton and the Notion of a Legal Class of Gender, Tracy A. Thomas

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Law, History, and Feminism, Tracy A. Thomas

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Feminist Legal History: Essays on Women and Law, Tracy Thomas and Tracey Jean Boisseau

Publications from 2010

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Enforcing the Bill of Rights Against the States: The History and the Future, Richard Aynes

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Kate Chase, the "Sphere of Women's Work," and Her Influence Upon Her Father's Dissent in Bradwell v. Illinois, Richard Aynes

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McDonald v. Chicago, the Fourteenth Amendment, the Right to Bear Arms and the Right of Self-Defense, Richard L. Aynes

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Summary Judgment and the Influence of Federal Rulemaking, Bernadette Bollas Genetin

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Sex v. Race, Again, Tracy A. Thomas

Publications from 2009

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39th Congress (1865-1867) and the 14th Amendment: Some Preliminary Perspectives, Richard Aynes

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Ink Blot or Not: the Meaning of Privileges And/Or Immunities, Richard Aynes

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140th Anniversary Symposium: Fourteenth Amendment Citizenship and the Reconstruction-Era Black Public Sphere, James Fox

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Cross Burning a Hate Speech Under the First Amendment to the United States Constitution, Wilson Huhn

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Legacy of Slaughterhouse. Bradwell, and Cruikshank in Constitutional Interpretation, Wilson Huhn

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Ten Questions on Gay Rights and Freedom of Religion, Wilson Huhn

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Reforming Eyewitness Identification Law and Practices to Protect the Innocent, Margery Koosed

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Empathy and Pragmatism in the Choice of Constitutional Norms for Religious Land Use Disputes, Elizabeth Reilly

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Infinite Hope-- Introduction to the Symposium: the 140th Anniversary of the Fourteenth Amendment, Elizabeth Reilly

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The Union as it Wasn't and the Constitution as it Isn't: Section Five and Altering the Balance of Power, Elizabeth Reilly

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Remedies: Public and Private, Tracy Thomas

Publications from 2008

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Self-Defense, the 2nd Amendment, and the U.S. Supreme Court, Richard Aynes

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Waterboarding is Illegal, Wilson R. Huhn

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Book Review of Thomas J. Davis, Race Relations in America: A Reference Guide with Primary Documents, Brant T. Lee

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eBay RX, Tracy Thomas

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Women's Suffrage, Tracy Thomas

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The New Face of Women's Legal History: An Introduction to the Symposium, Tracy A. Thomas

Publications from 2007

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The Religion Clauses and the “Really New” Federalism, Martin H. Belsky

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Congress Has the Power to Enforce the Bill of Rights Against the Federal Government: Therefore FISA is Constitutional and the President's Terrorist Surveillance Program is Illegal, Wilson R. Huhn

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In Defense of the Roosevelt Court, Wilson R. Huhn