N.Y.U. Proceedings

Exploring New Approaches to Unsettled Legal Questions

Tag: Constitutional Law Page 3 of 4

State Action Analysis in the Age of Social Media: When Facebook and Twitter Become Tools of the State

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On February 25, 2019

In Contributions

by Leah Rosenberg*

When does a public official’s private social media account become a tool of governance subject to constitutional analysis? In this Contribution, Leah Rosenberg (’19) argues that public officials who use their personal social media pages to interact with the public and announce policy should be required to protect constituents’ constitutional rights and may not engage in viewpoint discrimination. This Contribution recommends that courts apply a context-specific approach to censorship claims against state officials and that court consider the specific activities challenged by assessing whether state resources and employees were used to take those actions, if the content pertained to government activities or policy, and whether the official was acting as an agent of the state at the time the censorship occurred.

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Unblocked: The First Amendment and the Right to Access a State Official’s Social Media

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On February 11, 2019

In Contributions

By Maggie Seery*

Does a state official engage in viewpoint discrimination in a state-sponsored forum when they delete a constituent’s comments or block them from their social media pages? In this Contribution, Maggie Seery (’19) discusses the possible constitutional violations an official may make when using social media to interact with the public. Ultimately, this Contribution argues that deleting a comment or blocking a user from a public social media page constitutes unconstitutional viewpoint discrimination.

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Immigration and the Second Amendment: Why Undocumented Immigrants Are Entitled to the Fundamental Right to Possess Firearms

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On October 22, 2018

In Contributions

by Kathy Buckalew*

Do undocumented immigrants have Second Amendment rights? Can they be categorically banned from possessing firearms? In this Contribution, Kathy Buckalew (’19) examines the constitutionality of a categorical ban on possession of firearms and ammunition by undocumented immigrants. The Contribution argues that undocumented immigrants living in the United States have the same individual right to keep and bear arms for purposes of self-defense as do United States citizens. Therefore, undocumented immigrants cannot be categorically prohibited from possessing firearms absent an affirmative showing by the government that such a prohibition is substantially related to the achievement of an important government interest.

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Permitting Around the Constitution: Gun License Process After Heller

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On April 23, 2018

In Contributions

by Deepa Devanathan*

To what extent can state actors limit an individual’s Second Amendment right after District of Columbia v. Heller? In this Contribution, Deepa Devanathan (’19) argues that to properly balance Second Amendment rights with a State’s need to protect people from gun violence, gun permit schemes that cover both open carry and concealed carry must include a procedural right to appeal permit denials and “good cause” requirements to get permits.

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Rethinking Qualified Immunity: Making America Accountable Again

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On January 18, 2018

In Contributions

by Victoria del Rio-Guarner*

Should the qualified immunity doctrine be revisited to better allow civilians to sue government officials for violations of fundamental rights? In this Contribution, Victoria del Rio-Guarner (’18) discusses how the Supreme Court’s decisions in Harlow v. Fitzgerald and Pearson v. Callahan essentially rendered qualified immunity to Section 1983 claims unqualified. This Contribution argues that qualified immunity doctrine should be recalibrated in order to better fulfill its underlying purpose while not disabling Section 1983 claims.

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Rights on ICE: A Determination Delayed is Due Process Denied

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On November 28, 2017

In Contributions

by Sharon Turret*

How long may Immigration and Customs Enforcement detain a noncitizen before he or she must go before a judge? In this Contribution, Sharon Turret (’18) analyzes the Due Process Clause issues with a “reasonableness” test for length of detention and the need for a bright-line rule. This Contribution argues that the Due Process Clause requires a bright-line rule that the length of detention be presumed unreasonable after six months. That very bright-line rule is now before the Supreme Court in Jennings v. Rodriguez.

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Marden Series: Understanding the Second Amendment After Heller

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On March 1, 2017

In Contributions

by Sarah Goodfield*

Do state laws that condition the issuance of concealed carry permits on an applicant’s showing of “good cause” unconstitutionally burden those applicants’ Second Amendment rights? Sarah Goodfield (’17) explores this question, raised at the 2016 “Fall” Marden Competition, at the New York University School of Law. Generally, “good cause” restrictions require that applicants show some special reason for carrying a concealed weapon. Writing from the perspective of the 2016 “Fall” Marden respondent, this Contribution analyzes “good cause” requirements in their historical and legal context, and ultimately concludes that such restrictions do not burden core Second Amendment rights.

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Marden Series: The Simple Path to Protecting Second Amendment Rights

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On March 1, 2017

In Contributions

by Andrew Debbins*

Do state laws that condition the issuance of concealed carry permits on an applicant’s showing of “good cause” unconstitutionally burden those applicants’ Second Amendment rights? Andy Debbins (’17) addresses this question, raised at the 2016 “Fall” Marden Competition, at the New York University School of Law. Generally, “good cause” restrictions require that applicants show some special reason for carrying a concealed weapon. Writing from the perspective of the 2016 “Fall” Marden petitioner, this Contribution argues that a simple, straight-forward reading of the Second Amendment renders “good cause” restrictions unconstitutional.

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Fitting Administrative Law Judges into Appointments Clause Jurisprudence (and Determining the Proper Forum to Do So)

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On October 14, 2016

In Contributions

by Jordan Gary*

Are Administrative Law Judges (ALJs) inferior officers of the United States under the Appointments Clause of the Constitution, rendering the Securities and Exchange Commission’s (SEC) procedure for appointing ALJs unconstitutional? Procedurally, how could a respondent in an SEC administrative action make such a challenge? Jordan Gary (’17) explores this question, as presented in the 2016 Kaufman Moot Court Competition at Fordham Law School. Supreme Court doctrine places a demanding burden on plaintiffs seeking to circumvent SEC administrative processes. Additionally, the SEC is neither bound by, nor required to defer to, initial ALJ determinations in reaching its ultimate determination within a proceeding. As a result, this Contribution argues that, as a matter of both law and policy, Article III district courts should not have subject-matter jurisdiction over constitutional claims challenging SEC administrative procedure, and that SEC ALJs do not constitute inferior officers under the Appointments Clause of the Constitution.

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Long Hair, Don’t Care: An Analysis of Gender-Specific School Athletic Regulations & The Equal Protection Clause

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On September 30, 2016

In Contributions

by Matthew Olsen*

Does a high school men’s baseball team regulation governing player hairstyles violate players’ Due Process or Equal Protection rights? Matt Olsen (’17) examines this question, based on his experience at the 2016 Tulane Mardi Gras Sports Law Invitational Competition. His Contribution discusses the Seventh Circuit’s ruling in Hayden v. Greensburg School Community Corporation, the sole circuit court case to address the constitutionality of extracurricular athletic grooming regulations in the context of an Equal Protection claim. Although the adoption of the holding by other courts remains to be seen, the Contribution concludes that the ruling could serve as a powerful means to strike down personal appearance regulations based on gender stereotypes.

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