http://manheimk.lls.edu/blog/conlaw2/ The official web log for Section D2, Con Law II, Fall 2005- Loyola Law School en-us 2005-11-28T20:24:50-08:00 http://manheimk.lls.edu/blog/conlaw2/archives/2005/11/antispeech_vs_n.html Speech Acts, by their very nature, comprise expressive and non-expressive components. Except for ESP (and my being able to know what's on your computer screen during class), communicating requires some physical means of transport. Sometimes, government justifiably regulates the transport... manheimk 2005-11-28T20:24:50-08:00 http://manheimk.lls.edu/blog/conlaw2/archives/2005/11/the_public_foru.html According to Wikipedia, "Forum Romanum was the central area around which ancient Rome developed, in which commerce, business, prostitution, cult and the administration of justice took place. Here the communal hearth was located." Also at the Forum was the Roman... manheimk 2005-11-28T19:10:56-08:00 http://manheimk.lls.edu/blog/conlaw2/archives/2005/11/open_thread_3.html Hey, it's the weekend, and your thoughts naturally drift to Con Law. Don't you need a blogging break?... manheimk 2005-11-18T18:52:31-08:00 http://manheimk.lls.edu/blog/conlaw2/archives/2005/11/underwhelmed_by.html Every means inquiry looks to the relationship between a challenged law and the purpose (goal, objective, end) of the legislature in enacting it. In 1st Amendment cases, we apply strict scrutiny to the means analysis. Accordingly, to survive scrutiny, a... manheimk 2005-11-18T18:21:22-08:00 http://manheimk.lls.edu/blog/conlaw2/archives/2005/11/are_you_vague_o.html Vaguely recollecting the vagueness doctrine, this is what we know (more or less): Legislative precision is a seldom-realized ideal. Laws often describe their objects or their rules with varying degress of uncertainty. One function of the common law process is... manheimk 2005-11-18T17:30:44-08:00 http://manheimk.lls.edu/blog/conlaw2/archives/2005/11/unprotecting_sp.html Despite its absolute command ("Congress shall make no law ..."), the Supreme Court provides only qualified protection to speech rights. It does this through 2 forms of balancing: "categorical" and "ad hoc." The former refers to the process by which... manheimk 2005-11-11T15:56:29-08:00 http://manheimk.lls.edu/blog/conlaw2/archives/2005/11/open_thread_on_3.html Go inside, if you dare ....... manheimk 2005-11-09T09:42:02-08:00 http://manheimk.lls.edu/blog/conlaw2/archives/2005/11/first_post_on_f.html "Free Speech" is considered one of our most cherished rights. But, it hasn't been until very recently that the 1st amendment received more than lip service. Rather, through the 18th, 19th and early 20th centuries, free speech was observed mostly... manheimk 2005-11-09T09:08:51-08:00 http://manheimk.lls.edu/blog/conlaw2/archives/2005/11/how_sad_the_sta.html With 2 notable exceptions, the constitution does not reach private conduct. It draws a sharp (if artificial) distinction between government and private action. The distinction is fine in theory, but has proven problematic in application. That's because the "state" acts... manheimk 2005-11-04T03:46:44-08:00 http://manheimk.lls.edu/blog/conlaw2/archives/2005/11/the_right_to_tr.html The Supreme Court has declared the "right to travel" to be so important that, until recently, it hasn't needed to locate the right in the constitution. But we should. There are at least 5 possible sources: the P&I clause of... manheimk 2005-11-02T08:20:30-08:00 http://manheimk.lls.edu/blog/conlaw2/archives/2005/10/open_thread_on_2.html President Bush has nominated Third Circuit US Court of Appeals Judge Samuel Alito as Associate Justice of the Supreme Court, to replace the withdrawn nomination of Harriet Miers. Click here for a bio of Judge Alito, sometimes referred to as... manheimk 2005-10-31T11:30:24-08:00 http://manheimk.lls.edu/blog/conlaw2/archives/2005/10/request_for_com.html This blog is the first course blog to be hosted at Loyola. Now that most of the kinks have been worked out, other faculty may want to start using blogs. I will be making a report to the faculty on... manheimk 2005-10-28T11:12:45-08:00 http://manheimk.lls.edu/blog/conlaw2/archives/2005/10/open_thread_on_1.html Get a jump on your colleagues. Be the first to blog on the impending indictments. Update (Friday, 12:00pm EDT): Lewis "Scooter" Libby indicted. Read the indictment here.... manheimk 2005-10-26T18:01:02-08:00 http://manheimk.lls.edu/blog/conlaw2/archives/2005/10/voting_rights.html The right to vote is fundamental for equal protection purposes. This right is derivative of some textual rights, not the least of which are those in the 1st Amendment, and is protective of other rights and core principles that inhere... manheimk 2005-10-26T17:25:40-08:00 http://manheimk.lls.edu/blog/conlaw2/archives/2005/10/alien_discrimin.html Because resident aliens meet all or most of the indicia of suspectness, the Supreme Court has afforded them suspect class status. However, one of the indicators of suspectness - structural impairment to political access - is axiomatic for this class.... manheimk 2005-10-24T12:48:32-08:00