Life of a Law Student » Constitutional Law I http://www.lifeofalawstudent.com The Life of a Law Student project chronicles the material presented to and learned by law students across the country and around the world. The project was created by Neil Wehneman, an incoming transfer student at Indiana University at Indianapolis and led by Rob Wiltbank, a Criminal Justice undergrad at Delaware Tech and the University of Delaware. Feeds are segmented by course. Mon, 11 Aug 2008 15:05:02 +0000 http://wordpress.org/?v=2.6 en http://www.lifeofalawstudent.com http://www.lifeofalawstudent.com//wp-content/themes/fleur/img/fdl_icon.gif Life of a Law Student ©Rob Wiltbank and the LoaLS Team rob@lifeofalawstudent.com (Rob Wiltbank and the LoaLS Team) rob@lifeofalawstudent.com(Rob Wiltbank and the LoaLS Team) 1440 law school, law student, legal, law, court, school, constitution, criminal To make as much legal knowledge and information freely available, to as many people, in as many ways, as is possiblehellip; The Life of a Law Student project chronicles the material presented to and learned by law students across the country and around the world. The project was created by Neil Wehneman, an incoming transfer student at Indiana University at Indianapolis and led by Rob Wiltbank, a Criminal Justice undergrad at Delaware Tech and the University of Delaware. Feeds are segmented by course. Rob Wiltbank and the LoaLS Team Rob Wiltbank and the LoaLS Team rob@lifeofalawstudent.com No no http://www.lifeofalawstudent.com/images/podcast.jpg Life of a Law Student http://www.lifeofalawstudent.com 144 144 Constitutional Law (Samuel) #2: Mootness http://www.lifeofalawstudent.com/2007/02/21/constitutional-law-samuel-2-mootness/ http://www.lifeofalawstudent.com/2007/02/21/constitutional-law-samuel-2-mootness/#comments Thu, 22 Feb 2007 03:49:51 +0000 Samuel http://www.lifeofalawstudent.com/2007/02/21/constitutional-law-samuel-2-mootness/ In Samuel Berbano’s second of a series of podcasts on justiciability doctrines, we’ll analyze the question of Mootness as it relates to Federal Article III courts.  These courts are bound to take only cases which commentators call a “case or controversy” requirement.  This requirement exists to preserve the integrity of the adversarial system.

The second doctrine addressed is mootness.  An issue that Federal courts declare moot is not justiciable and cannot be decided.  An issue becomes moot when, in the course of litigation, events transpire which deprive one or both parties of a stake in the case.  Similar to playing the card game of Poker, one can’t hope to play a hand if (1) they don’t have money in the pot and a personal stake in the outcome and (2) they’ve folded their hand and don’t want to keep playing.

The DeFunis case shows how an issue can become moot in the course of litigation.  Roe, our second case, shows a case that would normally be considered moot, but falls under one of the four exceptions to the mootness doctrine:

1) “Continuing Harm to Plaintiff”

2) “Voluntary Cessation”

3) “Capable of Repetition, But Evading Review”

4) Class Action Lawsuits

DeFunis v. Odegaard, 416 U.S. 312 (1974)
Roe v. Wade, 410 U.S. 113 (1973)

]]> http://www.lifeofalawstudent.com/2007/02/21/constitutional-law-samuel-2-mootness/feed/ 14:58 In Samuel Berbano's second of a series of podcasts on justiciability doctrines, we'll analyze the question of Mootness as it relates to Federal Article III ... In Samuel Berbano's second of a series of podcasts on justiciability doctrines, we'll analyze the question of Mootness as it relates to Federal Article III courts.Acirc;nbsp; These courts are bound to take only cases which commentators call a "case or controversy" requirement.Acirc;nbsp; This requirement exists to preserve the integrity of the adversarial system. The second doctrine addressed is mootness.Acirc;nbsp; An issue that Federal courts declare moot is not justiciable and cannot be decided.Acirc;nbsp; An issue becomes moot when, in the course of litigation, events transpire which deprive one or both parties of a stake in the case.Acirc;nbsp; Similar to playing the card game of Poker, one can't hope to play a hand if (1) they don't have money in the pot and a personal stake in the outcome and (2) they've folded their hand and don't want to keep playing. The DeFunis case shows how an issue can become moot in the course of litigation.Acirc;nbsp; Roe, our second case, shows a case that would normally be considered moot, but falls under one of the four exceptions to the mootness doctrine: 1) "Continuing Harm to Plaintiff" 2) "Voluntary Cessation" 3) "Capable of Repetition, But Evading Review" 4) Class Action Lawsuits DeFunis v. Odegaard, 416 U.S. 312 (1974) Roe v. Wade, 410 U.S. 113 (1973) Constitutional,Law,,Constitutional,Law,I,,Iowa,State,University,,Samuel,Berbano Rob Wiltbank and the LoaLS Team no No Constitutional Law (Samuel) #1: Standing http://www.lifeofalawstudent.com/2007/01/28/constitutional-law-samuel-1-standing/ http://www.lifeofalawstudent.com/2007/01/28/constitutional-law-samuel-1-standing/#comments Sun, 28 Jan 2007 17:54:15 +0000 Samuel http://www.lifeofalawstudent.com/2007/01/28/constitutional-law-samuel-1-standing/ In Samuel Berbano’s first of a series of podcasts on justiciability doctrines, we’ll analyze the question of standing as it relates to Federal Article III courts. These courts are bound to take only cases containing what legal commentators call a “case or controversy” requirement. This requirement exists to preserve the integrity of the adversarial system.

The first justiciability addressed is standing. Plaintiffs have standing when the court finds that there is (I) an legally-recognised harm to the plaintiff, (II) a reasonable causal connexion between the injury to the plaintiff and the complained-of conduct of the defendant, and (III) a likelihood that an affirmative ruling will vindicate the rights of the plaintiff.

Cases include issues of what constitutes a harm, when third parties suffer harm, questions of taxpayer standing, and a hypothetical about punching one’s younger brother in the face. No little brothers were harmed in the making of this podcast.

Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992)
Warth v. Seldin, 422 U.S. 490 (1975)
Com. of Massachusetts v. Mellon, 262 U.S. 447 (1923)
Flast v. Cohen, 392 U.S. 83 (1968)

]]> http://www.lifeofalawstudent.com/2007/01/28/constitutional-law-samuel-1-standing/feed/ 25:02 In Samuel Berbano's first of a series of podcasts on justiciability doctrines, we'll analyze the question of standing as it relates to Federal Article III ... In Samuel Berbano's first of a series of podcasts on justiciability doctrines, we'll analyze the question of standing as it relates to Federal Article III courts. These courts are bound to take only cases containing what legal commentators call a "case or controversy" requirement. This requirement exists to preserve the integrity of the adversarial system. The first justiciability addressed is standing. Plaintiffs have standing when the court finds that there is (I) an legally-recognised harm to the plaintiff, (II) a reasonable causal connexion between the injury to the plaintiff and the complained-of conduct of the defendant, and (III) a likelihood that an affirmative ruling will vindicate the rights of the plaintiff. Cases include issues of what constitutes a harm, when third parties suffer harm, questions of taxpayer standing, and a hypothetical about punching one's younger brother in the face. No little brothers were harmed in the making of this podcast. Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) Warth v. Seldin, 422 U.S. 490 (1975) Com. of Massachusetts v. Mellon, 262 U.S. 447 (1923) Flast v. Cohen, 392 U.S. 83 (1968) 1L,,Constitutional,Law,,Constitutional,Law,I,,Iowa,State,University,,Samuel,Berbano Rob Wiltbank and the LoaLS Team no No Constitutional Law I #42: Closing Out http://www.lifeofalawstudent.com/2006/01/11/constitutional-law-i-42-closing-out/ http://www.lifeofalawstudent.com/2006/01/11/constitutional-law-i-42-closing-out/#comments Thu, 12 Jan 2006 00:17:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=260 In this episode I close out the course and explain what’s ahead for Constitutional Law.

]]> http://www.lifeofalawstudent.com/2006/01/11/constitutional-law-i-42-closing-out/feed/ 2:35 In this episode I close out the course and explain what's ahead for Constitutional Law. In this episode I close out the course and explain what's ahead for Constitutional Law. 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #41: Sexual Orientation http://www.lifeofalawstudent.com/2006/01/06/constitutional-law-i-41-sexual-orientation/ http://www.lifeofalawstudent.com/2006/01/06/constitutional-law-i-41-sexual-orientation/#comments Fri, 06 Jan 2006 23:32:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=261 One of the developing areas of constitutional law concerns the protection granted to sexual orientation. We will discuss in depth a case striking an “equal rights, not special rights” state constitutional amendment. Additionally, we will compare sexual orientation to existing suspect classes.

Romer v. Evans

]]> http://www.lifeofalawstudent.com/2006/01/06/constitutional-law-i-41-sexual-orientation/feed/ 23:54 One of the developing areas of constitutional law concerns the protection granted to sexual orientation. We will discuss in depth a case striking an ... One of the developing areas of constitutional law concerns the protection granted to sexual orientation. We will discuss in depth a case striking an "equal rights, not special rights" state constitutional amendment. Additionally, we will compare sexual orientation to existing suspect classes. Romer v. Evans 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #40: Gender Discrimination III http://www.lifeofalawstudent.com/2006/01/06/constitutional-law-i-40-gender-discrimination-iii/ http://www.lifeofalawstudent.com/2006/01/06/constitutional-law-i-40-gender-discrimination-iii/#comments Fri, 06 Jan 2006 23:30:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=262 We will conclude our discussion of gender discrimination by examining military policies, legislation intended to be beneficial to women, and a case involving the unique circumstances that are pregnancy.

Califano v. Goldfarb
Califano v. Webster
Nguyen v. Immigration and Naturalization Service

]]> http://www.lifeofalawstudent.com/2006/01/06/constitutional-law-i-40-gender-discrimination-iii/feed/ 26:05 We will conclude our discussion of gender discrimination by examining military policies, legislation intended to be beneficial to women, and a case involving the unique ... We will conclude our discussion of gender discrimination by examining military policies, legislation intended to be beneficial to women, and a case involving the unique circumstances that are pregnancy. Califano v. Goldfarb Califano v. Webster Nguyen v. Immigration and Naturalization Service 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #39: Gender Discrimination II http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-39-gender-discrimination-ii/ http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-39-gender-discrimination-ii/#comments Mon, 05 Dec 2005 12:58:19 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=263 Race and sex are similar in many respects, yet are different in other respects. We will compare and contrast the two protected statuses, then walk through a recent Supreme Court case concerning the Virginia Military Institute. That case will solidify (and possibly heighten) the quasi-suspect / intermediate standard of review.

United States v. Virginia

]]> http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-39-gender-discrimination-ii/feed/ 22:59 Race and sex are similar in many respects, yet are different in other respects. We will compare and contrast the two protected statuses, then ... Race and sex are similar in many respects, yet are different in other respects. We will compare and contrast the two protected statuses, then walk through a recent Supreme Court case concerning the Virginia Military Institute. That case will solidify (and possibly heighten) the quasi-suspect / intermediate standard of review. United States v. Virginia 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #38: Gender Discrimination I http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-38-gender-discrimination-i/ http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-38-gender-discrimination-i/#comments Mon, 05 Dec 2005 12:56:12 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=264 We now transition from race to gender. We will begin by looking at the history and intent of the 14th Amendment as it relates to gender. We will then examine the beginning of a heightened standard of review in regards to gender discrimination.

Bradwell v. Illinois
Reed v. Reed
Frontiero v. Richardson

]]> http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-38-gender-discrimination-i/feed/ 13:16 We now transition from race to gender. We will begin by looking at the history and intent of the 14th Amendment as it relates ... We now transition from race to gender. We will begin by looking at the history and intent of the 14th Amendment as it relates to gender. We will then examine the beginning of a heightened standard of review in regards to gender discrimination. Bradwell v. Illinois Reed v. Reed Frontiero v. Richardson 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #37: Affirmative Action II http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-37-affirmative-action-ii/ http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-37-affirmative-action-ii/#comments Mon, 05 Dec 2005 12:55:01 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=265 We now return to Grutter v. Bollinger, the University of Michigan Law School affirmative action case. (Please see News and Views #3 for additional treatment of the case.) Along the way we will discuss formal vs. substantive equality, as well as group rights vs.individual rights.

Grutter v. Bollinger

]]> http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-37-affirmative-action-ii/feed/ 18:30 We now return to Grutter v. Bollinger, the University of Michigan Law School affirmative action case. (Please see News and Views #3 for additional ... We now return to Grutter v. Bollinger, the University of Michigan Law School affirmative action case. (Please see News and Views #3 for additional treatment of the case.) Along the way we will discuss formal vs. substantive equality, as well as group rights vs.individual rights. Grutter v. Bollinger 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #36: Affirmative Action I http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-36-affirmative-action-i/ http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-36-affirmative-action-i/#comments Mon, 05 Dec 2005 12:53:44 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=266 We now begin our discussion of affirmative action. We will discuss the differences between policy and law, remedial measures, and a Supreme Court case that attempts to harmonize the 5th and 14th Amendments.

City of Richmond v. Croson
Adarand Constructors, Inc. v. Pena

]]> http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-36-affirmative-action-i/feed/ 16:05 We now begin our discussion of affirmative action. We will discuss the differences between policy and law, remedial measures, and a Supreme Court case ... We now begin our discussion of affirmative action. We will discuss the differences between policy and law, remedial measures, and a Supreme Court case that attempts to harmonize the 5th and 14th Amendments. City of Richmond v. Croson Adarand Constructors, Inc. v. Pena 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #35: Race-Based Regulation II http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-35-race-based-regulation-ii/ http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-35-race-based-regulation-ii/#comments Mon, 05 Dec 2005 12:52:23 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=267 We continue our discussion of race-based regulation. A statute banning inter-racial marriage will be struck, a race-preferring custody law will meet a similar fate, while a facially neutral test with disproportionate effects will survive. Note that the first two cases have significant applicability to the current debates regarding homosexuality.

Loving v. Virginia
Palmore v. Sidoti
Washington v. Davis

]]> http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-35-race-based-regulation-ii/feed/ 17:59 We continue our discussion of race-based regulation. A statute banning inter-racial marriage will be struck, a race-preferring custody law will meet a similar fate, ... We continue our discussion of race-based regulation. A statute banning inter-racial marriage will be struck, a race-preferring custody law will meet a similar fate, while a facially neutral test with disproportionate effects will survive. Note that the first two cases have significant applicability to the current debates regarding homosexuality. Loving v. Virginia Palmore v. Sidoti Washington v. Davis 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #34: Race-Based Regulation I http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-34-race-based-regulation-i/ http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-34-race-based-regulation-i/#comments Mon, 05 Dec 2005 12:51:19 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=268 We will begin our discussion of strict scrutiny-inducing race-based regulation by looking at cases that did not have the benefit of the contemporary formulation of the same. White-only juries will be struck, while Japanese-American detentions will be upheld.

Strauder v. West Virginia
Korematsu v. United States

]]> http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-34-race-based-regulation-i/feed/ 15:29 We will begin our discussion of strict scrutiny-inducing race-based regulation by looking at cases that did not have the benefit of the contemporary formulation of ... We will begin our discussion of strict scrutiny-inducing race-based regulation by looking at cases that did not have the benefit of the contemporary formulation of the same. White-only juries will be struck, while Japanese-American detentions will be upheld. Strauder v. West Virginia Korematsu v. United States 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #33: Rational Basis Review http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-33-rational-basis-review/ http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-33-rational-basis-review/#comments Mon, 05 Dec 2005 12:49:42 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=269 We now begin our in-depth examination of equal protection under the 14th Amendment. There are three standards currently employed by the Supreme Court, and rational basis review is the most lenient of these standards.

NY City Transit Authority v. Beazer
City of Cleburne v. Cleburne Living Center
Minnesota v. Clover Leaf Creamery Co.
United States v. Carolene Products Co.

]]> http://www.lifeofalawstudent.com/2005/12/05/constitutional-law-i-33-rational-basis-review/feed/ 24:09 We now begin our in-depth examination of equal protection under the 14th Amendment. There are three standards currently employed by the Supreme Court, and ... We now begin our in-depth examination of equal protection under the 14th Amendment. There are three standards currently employed by the Supreme Court, and rational basis review is the most lenient of these standards. NY City Transit Authority v. Beazer City of Cleburne v. Cleburne Living Center Minnesota v. Clover Leaf Creamery Co. United States v. Carolene Products Co. 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #32: Enforcing Brown http://www.lifeofalawstudent.com/2005/11/30/constitutional-law-i-32-enforcing-brown/ http://www.lifeofalawstudent.com/2005/11/30/constitutional-law-i-32-enforcing-brown/#comments Wed, 30 Nov 2005 11:48:01 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=270 It is one thing to hand down a Supreme Court opinion. It is quite another thing to have that opinion enforced. We will look at Brown II and a string of other cases showing the multi-decade struggle that was educational integration.

Brown v. Topeka Board of Education (Brown II)
Green v. County School Board
Swann v. Charlotte-Mecklenburg Board of Education
Keyes v. School District No. 1
Milliken v. Bradley

]]> http://www.lifeofalawstudent.com/2005/11/30/constitutional-law-i-32-enforcing-brown/feed/ 24:43 It is one thing to hand down a Supreme Court opinion. It is quite another thing to have that opinion enforced. We will ... It is one thing to hand down a Supreme Court opinion. It is quite another thing to have that opinion enforced. We will look at Brown II and a string of other cases showing the multi-decade struggle that was educational integration. Brown v. Topeka Board of Education (Brown II) Green v. County School Board Swann v. Charlotte-Mecklenburg Board of Education Keyes v. School District No. 1 Milliken v. Bradley 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #31: Brown v. Topeka Board of Education http://www.lifeofalawstudent.com/2005/11/30/constitutional-law-i-31-brown-v-topeka-board-of-education/ http://www.lifeofalawstudent.com/2005/11/30/constitutional-law-i-31-brown-v-topeka-board-of-education/#comments Wed, 30 Nov 2005 11:45:42 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=271 After six decades Plessy falls by the Supreme Court banning separate but equal education. What was the rationale and environment that created Brown, and did it actually overrule Plessy?

Brown v. Topeka Board of Education
Bolling v. Sharpe

]]> http://www.lifeofalawstudent.com/2005/11/30/constitutional-law-i-31-brown-v-topeka-board-of-education/feed/ 18:03 After six decades Plessy falls by the Supreme Court banning separate but equal education. What was the rationale and environment that created Brown, and ... After six decades Plessy falls by the Supreme Court banning separate but equal education. What was the rationale and environment that created Brown, and did it actually overrule Plessy? Brown v. Topeka Board of Education Bolling v. Sharpe 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #30: Plessy v. Ferguson http://www.lifeofalawstudent.com/2005/11/07/constitutional-law-i-30-plessy-v-ferguson/ http://www.lifeofalawstudent.com/2005/11/07/constitutional-law-i-30-plessy-v-ferguson/#comments Mon, 07 Nov 2005 05:49:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=272 One of the more famous cases of all time, Plessy v. Ferguson, gives us the phrase “separate but equal.” We will explain the precursor cases to Plessy, the case itself, as well as spend a little time understanding the historical setting thereof.

The 13th Amendment to the Constitution
The 14th Amendment to the Constitution
The 15th Amendment to the Constitution
The Civil Rights Cases
Plessy v. Ferguson
Cummings v. Board of Education of Richmond County

]]> http://www.lifeofalawstudent.com/2005/11/07/constitutional-law-i-30-plessy-v-ferguson/feed/ 18:15 One of the more famous cases of all time, Plessy v. Ferguson, gives us the phrase "separate but equal." We will explain the precursor ... One of the more famous cases of all time, Plessy v. Ferguson, gives us the phrase "separate but equal." We will explain the precursor cases to Plessy, the case itself, as well as spend a little time understanding the historical setting thereof. The 13th Amendment to the Constitution The 14th Amendment to the Constitution The 15th Amendment to the Constitution The Civil Rights Cases Plessy v. Ferguson Cummings v. Board of Education of Richmond County 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #29: Independent Prosecutors http://www.lifeofalawstudent.com/2005/11/07/constitutional-law-i-29-independent-prosecutors/ http://www.lifeofalawstudent.com/2005/11/07/constitutional-law-i-29-independent-prosecutors/#comments Mon, 07 Nov 2005 05:44:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=273 An independent prosecutor reports to the Attorney General and is without question an Executive officer. But he is not removable at will by the President, within whom the entire Executive power is vested. Is this constitutional?

Morrison v. Olson

]]> http://www.lifeofalawstudent.com/2005/11/07/constitutional-law-i-29-independent-prosecutors/feed/ 16:42 An independent prosecutor reports to the Attorney General and is without question an Executive officer. But he is not removable at will by the ... An independent prosecutor reports to the Attorney General and is without question an Executive officer. But he is not removable at will by the President, within whom the entire Executive power is vested. Is this constitutional? Morrison v. Olson 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #28: Removal of Officers http://www.lifeofalawstudent.com/2005/11/07/constitutional-law-i-28-removal-of-officers/ http://www.lifeofalawstudent.com/2005/11/07/constitutional-law-i-28-removal-of-officers/#comments Mon, 07 Nov 2005 05:38:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=274 Who can the President fire at will? Can Congress put limits on this removal power when they create an office? A postmaster and an FTC commissioner give us an answer.

Myers v. United States
Humphrey’s Executor v. United States

]]> http://www.lifeofalawstudent.com/2005/11/07/constitutional-law-i-28-removal-of-officers/feed/ 13:20 Who can the President fire at will? Can Congress put limits on this removal power when they create an office? A postmaster and ... Who can the President fire at will? Can Congress put limits on this removal power when they create an office? A postmaster and an FTC commissioner give us an answer. Myers v. United States Humphrey's Executor v. United States 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #27: Are You a Tool of Congress? http://www.lifeofalawstudent.com/2005/11/07/constitutional-law-i-27-are-you-a-tool-of-congress/ http://www.lifeofalawstudent.com/2005/11/07/constitutional-law-i-27-are-you-a-tool-of-congress/#comments Mon, 07 Nov 2005 05:33:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=275 Are you a tool of Congress? If you are in fact such a tool, what constitutional limits are upon you? Do I enjoy saying the word “tool” far too much? We’ll find out in this episode.

Bowsher v. Synar

]]> http://www.lifeofalawstudent.com/2005/11/07/constitutional-law-i-27-are-you-a-tool-of-congress/feed/ 11:34 Are you a tool of Congress? If you are in fact such a tool, what constitutional limits are upon you? Do I enjoy ... Are you a tool of Congress? If you are in fact such a tool, what constitutional limits are upon you? Do I enjoy saying the word "tool" far too much? We'll find out in this episode. Bowsher v. Synar 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #26: Legislative Vetoes http://www.lifeofalawstudent.com/2005/11/07/constitutional-law-i-26-legislative-vetoes/ http://www.lifeofalawstudent.com/2005/11/07/constitutional-law-i-26-legislative-vetoes/#comments Mon, 07 Nov 2005 05:30:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=276 Can Congress delegate power? If it does delegate power, can Congress maintain a veto over that delegated power through a single House resolution?

INS v. Chadha

]]> http://www.lifeofalawstudent.com/2005/11/07/constitutional-law-i-26-legislative-vetoes/feed/ 17:47 Can Congress delegate power? If it does delegate power, can Congress maintain a veto over that delegated power through a single House resolution? INS v. ... Can Congress delegate power? If it does delegate power, can Congress maintain a veto over that delegated power through a single House resolution? INS v. Chadha 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #25: Impeachment and Executive Privilege http://www.lifeofalawstudent.com/2005/10/31/constitutional-law-i-25-impeachment-and-executive-privilege/ http://www.lifeofalawstudent.com/2005/10/31/constitutional-law-i-25-impeachment-and-executive-privilege/#comments Mon, 31 Oct 2005 22:36:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=277 In situations of impeachment and formal court cases regarding the President the question of executive privilege is often raised. What are the countours of this privilege, and when can it (successfully) be raised? We will also look at the history of impeachment in general.

United States v. Nixon
Nixon v. Fitzgerald
Clinton v. Jones
Nixon v. United States

]]> http://www.lifeofalawstudent.com/2005/10/31/constitutional-law-i-25-impeachment-and-executive-privilege/feed/ 22:45 In situations of impeachment and formal court cases regarding the President the question of executive privilege is often raised. What are the countours of ... In situations of impeachment and formal court cases regarding the President the question of executive privilege is often raised. What are the countours of this privilege, and when can it (successfully) be raised? We will also look at the history of impeachment in general. United States v. Nixon Nixon v. Fitzgerald Clinton v. Jones Nixon v. United States 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #24: The War Powers Resolution http://www.lifeofalawstudent.com/2005/10/20/constitutional-law-i-24-the-war-powers-resolution/ http://www.lifeofalawstudent.com/2005/10/20/constitutional-law-i-24-the-war-powers-resolution/#comments Fri, 21 Oct 2005 03:21:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=278 Congress gets to declare war, and the President gets to execute war. But what exactly do those terms mean? And how have they been modified and / or codified by the War Powers Resolution? Can the President in fact wage war at will so long as he does it quickly?

The War Powers Resolution

]]> http://www.lifeofalawstudent.com/2005/10/20/constitutional-law-i-24-the-war-powers-resolution/feed/ 28:01 Congress gets to declare war, and the President gets to execute war. But what exactly do those terms mean? And how have they ... Congress gets to declare war, and the President gets to execute war. But what exactly do those terms mean? And how have they been modified and / or codified by the War Powers Resolution? Can the President in fact wage war at will so long as he does it quickly? The War Powers Resolution 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #23: Hamdi v. Rumsfeld http://www.lifeofalawstudent.com/2005/10/20/constitutional-law-i-23-hamdi-v-rumsfeld/ http://www.lifeofalawstudent.com/2005/10/20/constitutional-law-i-23-hamdi-v-rumsfeld/#comments Fri, 21 Oct 2005 03:17:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=279 In a very recent case, the ability of the Executive to capture individuals from the battlefield, and to hold them indefinitely, was challenged. A divided Court gave a partial victory to the “battlefield detainee”, while still allowing a “properly authorized” military tribunal to decide his fate.

Hamdi v. Rumsfeld

]]> http://www.lifeofalawstudent.com/2005/10/20/constitutional-law-i-23-hamdi-v-rumsfeld/feed/ 20:04 In a very recent case, the ability of the Executive to capture individuals from the battlefield, and to hold them indefinitely, was challenged. A ... In a very recent case, the ability of the Executive to capture individuals from the battlefield, and to hold them indefinitely, was challenged. A divided Court gave a partial victory to the "battlefield detainee", while still allowing a "properly authorized" military tribunal to decide his fate. Hamdi v. Rumsfeld 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #22: Differentiating Foreign and Domestic Power http://www.lifeofalawstudent.com/2005/10/20/constitutional-law-i-22-differentiating-foreign-and-domestic-power/ http://www.lifeofalawstudent.com/2005/10/20/constitutional-law-i-22-differentiating-foreign-and-domestic-power/#comments Fri, 21 Oct 2005 03:10:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=280 Are there different rules that constrain the President when he (or she) is handling foreign affairs as opposed to domestic affairs? And where do the powers within the Constitution flow from anyway? And what do gun sales to Bolivia have to do with any of this?

United States v. Curtiss-Wright Corp.

]]> http://www.lifeofalawstudent.com/2005/10/20/constitutional-law-i-22-differentiating-foreign-and-domestic-power/feed/ 9:45 Are there different rules that constrain the President when he (or she) is handling foreign affairs as opposed to domestic affairs? And where do ... Are there different rules that constrain the President when he (or she) is handling foreign affairs as opposed to domestic affairs? And where do the powers within the Constitution flow from anyway? And what do gun sales to Bolivia have to do with any of this? United States v. Curtiss-Wright Corp. 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #21: Iranian Dispute Settlement http://www.lifeofalawstudent.com/2005/10/20/constitutional-law-i-21-iranian-dispute-settlement/ http://www.lifeofalawstudent.com/2005/10/20/constitutional-law-i-21-iranian-dispute-settlement/#comments Fri, 21 Oct 2005 03:06:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=281 In order to bring about the release of the Iranian hostages, President Carter froze all Iranian assets in the United States and dismissed legal claims against them. These claims would now have to be arbitrated in an international court. Does the President have Constitutional authority to do this?

Dames & Moore v. Regan

]]> http://www.lifeofalawstudent.com/2005/10/20/constitutional-law-i-21-iranian-dispute-settlement/feed/ 14:42 In order to bring about the release of the Iranian hostages, President Carter froze all Iranian assets in the United States and dismissed legal claims ... In order to bring about the release of the Iranian hostages, President Carter froze all Iranian assets in the United States and dismissed legal claims against them. These claims would now have to be arbitrated in an international court. Does the President have Constitutional authority to do this? Dames Moore v. Regan 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #20: The Youngstown Steel Seizure Case http://www.lifeofalawstudent.com/2005/10/20/constitutional-law-i-20-the-youngstown-steel-seizure-case/ http://www.lifeofalawstudent.com/2005/10/20/constitutional-law-i-20-the-youngstown-steel-seizure-case/#comments Fri, 21 Oct 2005 03:01:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=282 What power does the President have to seize private property in a purported emergency? The Supreme Court answers that question, with Justice Jackson’s concurrence creating a framework that will be re-used in later issues of executive authority.

Youngstown Co. v. Sawyer

]]> http://www.lifeofalawstudent.com/2005/10/20/constitutional-law-i-20-the-youngstown-steel-seizure-case/feed/ 19:01 What power does the President have to seize private property in a purported emergency? The Supreme Court answers that question, with Justice Jackson's concurrence ... What power does the President have to seize private property in a purported emergency? The Supreme Court answers that question, with Justice Jackson's concurrence creating a framework that will be re-used in later issues of executive authority. Youngstown Co. v. Sawyer 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #19: 10th Amendment Recap http://www.lifeofalawstudent.com/2005/10/06/constitutional-law-i-19-10th-amendment-recap/ http://www.lifeofalawstudent.com/2005/10/06/constitutional-law-i-19-10th-amendment-recap/#comments Thu, 06 Oct 2005 07:38:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=283 Now that we’ve talked about the 10th Amendment for several episodes, what should we do with it moving forward? We’ll look at several theories and how they have fared over the years.

Reno v. Condon

]]> http://www.lifeofalawstudent.com/2005/10/06/constitutional-law-i-19-10th-amendment-recap/feed/ 14:08 Now that we've talked about the 10th Amendment for several episodes, what should we do with it moving forward? We'll look at several theories ... Now that we've talked about the 10th Amendment for several episodes, what should we do with it moving forward? We'll look at several theories and how they have fared over the years. Reno v. Condon 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #18: Toxic Waste and the 10th Amendment http://www.lifeofalawstudent.com/2005/10/06/constitutional-law-i-18-toxic-waste-and-the-10th-amendment/ http://www.lifeofalawstudent.com/2005/10/06/constitutional-law-i-18-toxic-waste-and-the-10th-amendment/#comments Thu, 06 Oct 2005 07:23:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=284 If toxic waste exists in a state, and no one can figure out what to do with it, can Congress step in and force action? The clear answer from the Supreme Court is: maybe.

New York v. United States
National League of Cities v. Usery
Printz v. United States

]]> http://www.lifeofalawstudent.com/2005/10/06/constitutional-law-i-18-toxic-waste-and-the-10th-amendment/feed/ 18:16 If toxic waste exists in a state, and no one can figure out what to do with it, can Congress step in and force action? ... If toxic waste exists in a state, and no one can figure out what to do with it, can Congress step in and force action? The clear answer from the Supreme Court is: maybe. New York v. United States National League of Cities v. Usery Printz v. United States 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #17: Treaties and the 10th Amendment http://www.lifeofalawstudent.com/2005/10/06/constitutional-law-i-17-treaties-and-the-10th-amendment/ http://www.lifeofalawstudent.com/2005/10/06/constitutional-law-i-17-treaties-and-the-10th-amendment/#comments Thu, 06 Oct 2005 07:19:18 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=285 What checks exist on Congress’ power to enter into treaties? What, if anything, does the 10th Amendment tell us about this treaty power? And what do migratory birds have to do with any of this?

Note: I slightly mispoke in this episode, not recognizing that in 1918 Great Britian handled Canada’s foreign affairs.

Missouri v. Holland

]]> http://www.lifeofalawstudent.com/2005/10/06/constitutional-law-i-17-treaties-and-the-10th-amendment/feed/ 8:48 What checks exist on Congress' power to enter into treaties? What, if anything, does the 10th Amendment tell us about this treaty power? ... What checks exist on Congress' power to enter into treaties? What, if anything, does the 10th Amendment tell us about this treaty power? And what do migratory birds have to do with any of this? Note: I slightly mispoke in this episode, not recognizing that in 1918 Great Britian handled Canada's foreign affairs. Missouri v. Holland 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #16: City of Boerne v. Flores http://www.lifeofalawstudent.com/2005/10/06/constitutional-law-i-16-city-of-boerne-v-flores/ http://www.lifeofalawstudent.com/2005/10/06/constitutional-law-i-16-city-of-boerne-v-flores/#comments Thu, 06 Oct 2005 07:11:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=286 Who gets to decide the scope of Constitutional protections? Is it Congress or the Courts? Or does the answer change depending on the circumstances? We get some insight in City of Boerne v. Flores.

Employment Division, Oregon Department of Human Resources v. Smith
City of Boerne v. Flores

]]> http://www.lifeofalawstudent.com/2005/10/06/constitutional-law-i-16-city-of-boerne-v-flores/feed/ 12:04 Who gets to decide the scope of Constitutional protections? Is it Congress or the Courts? Or does the answer change depending on the ... Who gets to decide the scope of Constitutional protections? Is it Congress or the Courts? Or does the answer change depending on the circumstances? We get some insight in City of Boerne v. Flores. Employment Division, Oregon Department of Human Resources v. Smith City of Boerne v. Flores 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #15: Butler Redux, Katzenbach http://www.lifeofalawstudent.com/2005/10/06/constitutional-law-i-15-butler-redux-katzenbach/ http://www.lifeofalawstudent.com/2005/10/06/constitutional-law-i-15-butler-redux-katzenbach/#comments Thu, 06 Oct 2005 07:01:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=287 We finish out our discussion of what the federal government can and cannot do with federal funds influencing state decisions, and transition into the equal protection aspects of the 14th Amendment. We also look at an interesting question of the interplay between Congress and the Court on the 14th Amendment’s text.

United States v. Butler
South Dakota v. Dole
Katzenbach v. Morgan

]]> http://www.lifeofalawstudent.com/2005/10/06/constitutional-law-i-15-butler-redux-katzenbach/feed/ 15:07 We finish out our discussion of what the federal government can and cannot do with federal funds influencing state decisions, and transition into the equal ... We finish out our discussion of what the federal government can and cannot do with federal funds influencing state decisions, and transition into the equal protection aspects of the 14th Amendment. We also look at an interesting question of the interplay between Congress and the Court on the 14th Amendment's text. United States v. Butler South Dakota v. Dole Katzenbach v. Morgan 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #14: The Taxing Power http://www.lifeofalawstudent.com/2005/09/26/constitutional-law-i-14-the-taxing-power/ http://www.lifeofalawstudent.com/2005/09/26/constitutional-law-i-14-the-taxing-power/#comments Mon, 26 Sep 2005 23:36:22 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=288 If Commerce Clause power fails to allow Congress to regulate an activity, what can Congress fall back on? Why the taxing power, of course! We will briefly examine how the Taxing Power clause has been interpreted over the years.

United States v. Doremus (no link available)
Bailey v. Drexel Furniture
U.S. v. Butler
Wickard v. Filburn

]]> http://www.lifeofalawstudent.com/2005/09/26/constitutional-law-i-14-the-taxing-power/feed/ 19:31 If Commerce Clause power fails to allow Congress to regulate an activity, what can Congress fall back on? Why the taxing power, of course! ... If Commerce Clause power fails to allow Congress to regulate an activity, what can Congress fall back on? Why the taxing power, of course! We will briefly examine how the Taxing Power clause has been interpreted over the years. United States v. Doremus (no link available) Bailey v. Drexel Furniture U.S. v. Butler Wickard v. Filburn 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #13: Commerce Clause Wrap-Up http://www.lifeofalawstudent.com/2005/09/26/constitutional-law-i-13-commerce-clause-wrap-up/ http://www.lifeofalawstudent.com/2005/09/26/constitutional-law-i-13-commerce-clause-wrap-up/#comments Mon, 26 Sep 2005 23:29:05 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=289 In this episode we will finish substantively discussing Commerce Clause questions. We will take and apply the framework from Lopez to Morrison and Raich. I will conclude by giving my personal belief in how we should interpret the Commerce Clause so as to not allow one clause to overshadow Constitutional structures.

United States v. Lopez
United States v. Morrison
Gonzales v. Raich
Partial Birth Abortion Ban Act of 2003 (search for “interstate commerce”)

]]> http://www.lifeofalawstudent.com/2005/09/26/constitutional-law-i-13-commerce-clause-wrap-up/feed/ 22:32 In this episode we will finish substantively discussing Commerce Clause questions. We will take and apply the framework from Lopez to Morrison and Raich. ... In this episode we will finish substantively discussing Commerce Clause questions. We will take and apply the framework from Lopez to Morrison and Raich. I will conclude by giving my personal belief in how we should interpret the Commerce Clause so as to not allow one clause to overshadow Constitutional structures. United States v. Lopez United States v. Morrison Gonzales v. Raich Partial Birth Abortion Ban Act of 2003 (search for "interstate commerce") 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman Rob Wiltbank and the LoaLS Team no No Constitutional Law I #12: United States v. Lopez http://www.lifeofalawstudent.com/2005/09/18/constitutional-law-i-12-united-states-v-lopez/ http://www.lifeofalawstudent.com/2005/09/18/constitutional-law-i-12-united-states-v-lopez/#comments Mon, 19 Sep 2005 03:25:14 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=290 Can Congress regulate the carrying of guns near schools? According to a 5-4 split Court the answer is no. A federalism-saving decision (or so the majority would say) shakes up the near-limitless power Congress had been claiming under the Commerce Clause.

United States v. Lopez
United States v. Morrison

]]> http://www.lifeofalawstudent.com/2005/09/18/constitutional-law-i-12-united-states-v-lopez/feed/ 23:21 Can Congress regulate the carrying of guns near schools? According to a 5-4 split Court the answer is no. A federalism-saving decision (or ... Can Congress regulate the carrying of guns near schools? According to a 5-4 split Court the answer is no. A federalism-saving decision (or so the majority would say) shakes up the near-limitless power Congress had been claiming under the Commerce Clause. United States v. Lopez United States v. Morrison 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #11: New Deal Part Two http://www.lifeofalawstudent.com/2005/09/18/constitutional-law-i-11-new-deal-part-two/ http://www.lifeofalawstudent.com/2005/09/18/constitutional-law-i-11-new-deal-part-two/#comments Mon, 19 Sep 2005 03:09:17 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=291 With a change in the makeup of the Supreme Court comes an easier time for FDR’s New Deal legislation. We’ll see former tests and cases thrown out as a new way of viewing the Commerce Clause evolves.

NLRB v. Jones and Laughlin Steel Corp.
U.S. v. Darby
Wickard v. Filburn

]]> http://www.lifeofalawstudent.com/2005/09/18/constitutional-law-i-11-new-deal-part-two/feed/ 29:43 With a change in the makeup of the Supreme Court comes an easier time for FDR's New Deal legislation. We'll see former tests and ... With a change in the makeup of the Supreme Court comes an easier time for FDR's New Deal legislation. We'll see former tests and cases thrown out as a new way of viewing the Commerce Clause evolves. NLRB v. Jones and Laughlin Steel Corp. U.S. v. Darby Wickard v. Filburn 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #10: New Deal Commerce Clause http://www.lifeofalawstudent.com/2005/09/18/constitutional-law-i-10-new-deal-commerce-clause/ http://www.lifeofalawstudent.com/2005/09/18/constitutional-law-i-10-new-deal-commerce-clause/#comments Mon, 19 Sep 2005 03:00:52 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=292 With the Great Depression comes the New Deal, and with New Deal legislation comes Supreme Court review. We’ll see three New Deal era cases (and one from 1918 dealing with child labor) that show the Court’s unwillingness to give Congress broad new Commerce Clause powers.

Hammer v. Dagenhart (the Child Labor case)
Railroad Retirement Board v. Alton Railroad Co.
A.L.A. Schechter Poultry Corp v. United States (the Sick Chicken case)
Carter v. Carter Coal Co.

]]> http://www.lifeofalawstudent.com/2005/09/18/constitutional-law-i-10-new-deal-commerce-clause/feed/ 24:15 With the Great Depression comes the New Deal, and with New Deal legislation comes Supreme Court review. We'll see three New Deal era cases ... With the Great Depression comes the New Deal, and with New Deal legislation comes Supreme Court review. We'll see three New Deal era cases (and one from 1918 dealing with child labor) that show the Court's unwillingness to give Congress broad new Commerce Clause powers. Hammer v. Dagenhart (the Child Labor case) Railroad Retirement Board v. Alton Railroad Co. A.L.A. Schechter Poultry Corp v. United States (the Sick Chicken case) Carter v. Carter Coal Co. 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #9: Trio of Commerce Clause Cases http://www.lifeofalawstudent.com/2005/09/11/constitutional-law-i-9-trio-of-commerce-clause-cases/ http://www.lifeofalawstudent.com/2005/09/11/constitutional-law-i-9-trio-of-commerce-clause-cases/#comments Mon, 12 Sep 2005 02:56:49 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=293 In this episode we look at a trio of Commerce Clause cases. We look at whether the Supreme Court has allowed Congress to regulate sugar manufacturing monopolies, intrastate shipping rates, and transporation of foreign lottery tickets.

U.S. v. E.C. Knight Co.
Houston, E. & W. T. R. Co. v. United States (Shreveport Rate case)
Champion v. Ames

]]> http://www.lifeofalawstudent.com/2005/09/11/constitutional-law-i-9-trio-of-commerce-clause-cases/feed/ 18:04 In this episode we look at a trio of Commerce Clause cases. We look at whether the Supreme Court has allowed Congress to regulate ... In this episode we look at a trio of Commerce Clause cases. We look at whether the Supreme Court has allowed Congress to regulate sugar manufacturing monopolies, intrastate shipping rates, and transporation of foreign lottery tickets. U.S. v. E.C. Knight Co. Houston, E. W. T. R. Co. v. United States (Shreveport Rate case) Champion v. Ames 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #8: Jurisdictional Redux, Intro to Commerce Clause http://www.lifeofalawstudent.com/2005/09/11/constitutional-law-i-8-jurisdictional-redux-intro-to-commerce-clause/ http://www.lifeofalawstudent.com/2005/09/11/constitutional-law-i-8-jurisdictional-redux-intro-to-commerce-clause/#comments Mon, 12 Sep 2005 02:44:58 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=294 In this episode we re-examine how Congress can change SCOTUS’s jurisdiction, and begin studying the Commerce Clause. Gibbons v. Ogden is the first of these Commerce Clause cases.

Ex Parte Yerger (link unavailable)
United States v. Klein
Gibbons v. Ogden

]]> http://www.lifeofalawstudent.com/2005/09/11/constitutional-law-i-8-jurisdictional-redux-intro-to-commerce-clause/feed/ 23:49 In this episode we re-examine how Congress can change SCOTUS's jurisdiction, and begin studying the Commerce Clause. Gibbons v. Ogden is the first of ... In this episode we re-examine how Congress can change SCOTUS's jurisdiction, and begin studying the Commerce Clause. Gibbons v. Ogden is the first of these Commerce Clause cases. Ex Parte Yerger (link unavailable) United States v. Klein Gibbons v. Ogden 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #7: Necessary and Proper, Judicial Constraints http://www.lifeofalawstudent.com/2005/09/11/constitutional-law-i-7-necessary-and-proper-judicial-constraints/ http://www.lifeofalawstudent.com/2005/09/11/constitutional-law-i-7-necessary-and-proper-judicial-constraints/#comments Mon, 12 Sep 2005 02:34:22 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=295 In this episode we examine the Necessary and Proper Clause, the restraints that are placed on the Judiciary, and a habeas corpus case from Reconstruction called Ex Parte McCardle.

Ex Parte McCardle

]]> http://www.lifeofalawstudent.com/2005/09/11/constitutional-law-i-7-necessary-and-proper-judicial-constraints/feed/ 17:06 In this episode we examine the Necessary and Proper Clause, the restraints that are placed on the Judiciary, and a habeas corpus case from Reconstruction ... In this episode we examine the Necessary and Proper Clause, the restraints that are placed on the Judiciary, and a habeas corpus case from Reconstruction called Ex Parte McCardle. Ex Parte McCardle 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #6: McCulloch v. Maryland http://www.lifeofalawstudent.com/2005/09/08/constitutional-law-i-6-mcculloch-v-maryland/ http://www.lifeofalawstudent.com/2005/09/08/constitutional-law-i-6-mcculloch-v-maryland/#comments Thu, 08 Sep 2005 23:28:32 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=296 In this episode we examine the seminal McCulloch v. Maryland. This case firmly established federal supremacy, as well as an expansive reading of the Necessary and Proper Clause.

McCulloch v. Maryland

]]> http://www.lifeofalawstudent.com/2005/09/08/constitutional-law-i-6-mcculloch-v-maryland/feed/ 17:47 In this episode we examine the seminal McCulloch v. Maryland. This case firmly established federal supremacy, as well as an expansive reading of the ... In this episode we examine the seminal McCulloch v. Maryland. This case firmly established federal supremacy, as well as an expansive reading of the Necessary and Proper Clause. McCulloch v. Maryland 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #5: Marbury v. Madison http://www.lifeofalawstudent.com/2005/09/07/constitutional-law-i-5-marbury-v-madison/ http://www.lifeofalawstudent.com/2005/09/07/constitutional-law-i-5-marbury-v-madison/#comments Wed, 07 Sep 2005 19:12:28 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=297 In this episode we tackle the landmark case of Marbury v. Madison, which sets the stage for the doctrine of judicial review.

Marbury v. Madison
Judiciary Act of 1789

]]> http://www.lifeofalawstudent.com/2005/09/07/constitutional-law-i-5-marbury-v-madison/feed/ 36:57 In this episode we tackle the landmark case of Marbury v. Madison, which sets the stage for the doctrine of judicial review. Marbury v. Madison Judiciary Act ... In this episode we tackle the landmark case of Marbury v. Madison, which sets the stage for the doctrine of judicial review. Marbury v. Madison Judiciary Act of 1789 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #4: Waiting for Marbury v. Madison http://www.lifeofalawstudent.com/2005/09/01/constitutional-law-i-4-waiting-for-marbury-v-madison/ http://www.lifeofalawstudent.com/2005/09/01/constitutional-law-i-4-waiting-for-marbury-v-madison/#comments Thu, 01 Sep 2005 20:16:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=298 There is little substance to this episode, as we are not yet done with discussing Marbury v. Madison. I will handle the full case in a single episode.

]]> http://www.lifeofalawstudent.com/2005/09/01/constitutional-law-i-4-waiting-for-marbury-v-madison/feed/ 2:26 There is little substance to this episode, as we are not yet done with discussing Marbury v. Madison. I will handle the full case ... There is little substance to this episode, as we are not yet done with discussing Marbury v. Madison. I will handle the full case in a single episode. 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #3: Federalist No. 51 and States’ Rights http://www.lifeofalawstudent.com/2005/08/26/constitutional-law-i-3-federalist-no-51-and-states-rights/ http://www.lifeofalawstudent.com/2005/08/26/constitutional-law-i-3-federalist-no-51-and-states-rights/#comments Sat, 27 Aug 2005 02:01:46 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=299 In this episode we look again at separation of powers and states’ rights, as well as the enactment of the Bill of Rights.

Federalist No. 51

]]> http://www.lifeofalawstudent.com/2005/08/26/constitutional-law-i-3-federalist-no-51-and-states-rights/feed/ 17:54 In this episode we look again at separation of powers and states' rights, as well as the enactment of the Bill of Rights. Federalist No. 51 In this episode we look again at separation of powers and states' rights, as well as the enactment of the Bill of Rights. Federalist No. 51 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #2: Federalists and Anti-Federalists http://www.lifeofalawstudent.com/2005/08/26/constitutional-law-i-2-federalists-and-anti-federalists/ http://www.lifeofalawstudent.com/2005/08/26/constitutional-law-i-2-federalists-and-anti-federalists/#comments Sat, 27 Aug 2005 01:56:12 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=300 In this episode we examine some of the Federalist papers, the republican / federalist and anti-federalist causes, and the concerns of States’ rights.

Federalist No. 10

]]> http://www.lifeofalawstudent.com/2005/08/26/constitutional-law-i-2-federalists-and-anti-federalists/feed/ 24:26 In this episode we examine some of the Federalist papers, the republican / federalist and anti-federalist causes, and the concerns of States' rights. Federalist No. 10 In this episode we examine some of the Federalist papers, the republican / federalist and anti-federalist causes, and the concerns of States' rights. Federalist No. 10 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #1: Articles of Confederation http://www.lifeofalawstudent.com/2005/08/26/constitutional-law-i-1-articles-of-confederation/ http://www.lifeofalawstudent.com/2005/08/26/constitutional-law-i-1-articles-of-confederation/#comments Sat, 27 Aug 2005 01:44:20 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=301 In this, the first episode of Constitutional Law I, we examine the origins of the Constitution, focusing on the Articles of Confederation and the weaknesses of that document.

The Articles of Confederation
Wikipedia entry for Shay’s Rebellion
Wikipedia entry for Whiskey Rebellion

]]> http://www.lifeofalawstudent.com/2005/08/26/constitutional-law-i-1-articles-of-confederation/feed/ 18:02 In this, the first episode of Constitutional Law I, we examine the origins of the Constitution, focusing on the Articles of Confederation and the weaknesses ... In this, the first episode of Constitutional Law I, we examine the origins of the Constitution, focusing on the Articles of Confederation and the weaknesses of that document. The Articles of Confederation Wikipedia entry for Shay's Rebellion Wikipedia entry for Whiskey Rebellion 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Constitutional Law I #0: Life of a Law Student Overview http://www.lifeofalawstudent.com/2005/08/02/constitutional-law-i-0-life-of-a-law-student-overview/ http://www.lifeofalawstudent.com/2005/08/02/constitutional-law-i-0-life-of-a-law-student-overview/#comments Tue, 02 Aug 2005 07:23:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=302 In this episode I explain what Life of a Law Student is all about, what it’s not about, and the format I will be using.

]]> http://www.lifeofalawstudent.com/2005/08/02/constitutional-law-i-0-life-of-a-law-student-overview/feed/ 3:53 In this episode I explain what Life of a Law Student is all about, what it's not about, and the format I will be using. In this episode I explain what Life of a Law Student is all about, what it's not about, and the format I will be using. 1L,,Constitutional,Law,,Constitutional,Law,I,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No