ABA Journal

Constitutional Law

8505 ABA Journal Constitutional Law articles.

Appeals Judge Seeks Secret Trials (Not)

A 7th Circuit judge reportedly created a stir amongst visitors from the Australian legal community at a recent Chicago conference, when he allegedly advocated secret trials for terrorists, among other…

Bad Term for Precedent, Rabble-Rousers

Updated: The U.S. Supreme Court explicitly overturned only three decisions this term.

But other precedents are on shaky ground, vulnerable because of decisions that give litigants a plan of attack…

Pakistan’s Top Court to be Swept for Bugs

In a setback to efforts by Pakistan’s president to remove permanently from office the country’s top judge, the Pakistan Supreme Court has barred intelligence officers from ongoing hearings and ordered…

How Schools Will Integrate

The U.S. Supreme Court may not be that much of an impediment to schools that seek to integrate voluntarily.

Last week, the court struck down two school integration plans that…

Bar Exam Suit Cites Religion

A would-be lawyer who failed the bar exam has filed suit contending a question about gay marriage violated his First Amendment rights.

Stephen Dunne says the Massachusetts bar question required…

To the Right, to the Right

Chief Justice John G. Roberts Jr. has led the Supreme Court in a move to the right that was only occasionally blocked by the swing vote of Justice Anthony M.…

Integration Plan B Uses Income

More school districts are likely to consider income as a race neutral way to achieve school diversity in the wake of yesterday’s Supreme Court decision striking down two school integration…

Kennedy Holds Powell’s Position

The justice who holds the seat once occupied by Justice Lewis F. Powell Jr. wrote the controlling opinion in yesterday’s Supreme Court decision striking down…

Body Language Conveys Divisions

Updated: As Justice Stephen G. Breyer read aloud his dissent yesterday from the Supreme Court’s 5-4 decision striking down two school-integration plans, the justices’ discomfort…

Judge: Roberts Misused My Quote

A federal judge who argued the landmark school desegregation case Brown v. Board of Education says Chief Justice John G. Roberts Jr. is taking his words out of context.

Roberts…

Lawyers Advise, Clients Strategize on New ‘Issue’ Political Advertising

Lawyers who advise advocacy groups are busy this week, following a U.S. Supreme Court ruling Monday opening the door to more “issue”-oriented political advertising.

The question: How far can these…

Court Strikes Down Integration Plans

Updated: In perhaps the most-anticipated ruling of the term, the U.S. Supreme Court stepped back into the debate over affirmative action, ruling in a 5-4 decision that two public schools…

Bush Asserts Executive Privilege

The White House has asserted executive privilege and refused to turn over documents regarding the firing of at least eight U.S. attorneys.

The administration will withhold documents from former White…

Cheney Argument Moot

Is Dick Cheney a member of the legislative branch, or isn’t he?

The White House says the answer is moot, the New York Times reports.

The…

Scalia’s Barbs Hook Chief Justice

In two opinions on Monday, Justice Antonin Scalia took pointed aim at the chief justice for failing to overturn precedent.

Scalia’s missives have “served to lift the curtain a bit…

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