The ''University of Pennsylvania Journal of Constitutional Law'' is a
scholarly journal
An academic journal or scholarly journal is a periodical publication in which scholarship relating to a particular academic discipline is published. Academic journals serve as permanent and transparent forums for the presentation, scrutiny, and d ...
covering the interdisciplinary study and analysis of
constitutional law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as th ...
. The ''Journal'' is published in print and electronically by an organization of second- and third-year
J.D. students at the
University of Pennsylvania Law School
The University of Pennsylvania Carey Law School (also known as Penn Law or Penn Carey Law) is the law school of the University of Pennsylvania, a private research university in Philadelphia, Pennsylvania. It is among the most selective and olde ...
. It is one of the top three constitutional law journals and top fifty law journals in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
based on citations and impact. Additionally, it is the third most cited non-Law Review journal in the United States.
Articles published in the Journal have been cited by the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, including Justice
Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
in his dissent in ''
Carpenter v. United States''; Justice
Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 199 ...
in his concurrence in ''
Town of Greece v. Galloway
''Town of Greece v. Galloway'', 572 U.S. 565 (2014), is a United States Supreme Court case in which the court decided that the Town of Greece, New York may permit volunteer chaplains to open each legislative session with a prayer. The plaintiffs ...
''; Justice
Ruth Bader Ginsburg
Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by President ...
in her opinion in ''
National Federation of Independent Business v. Sebelius
''National Federation of Independent Business v. Sebelius'', 567 U.S. 519 (2012), was a List of landmark court decisions in the United States, landmark United States Supreme Court decision in which the Court upheld Congress's power to enact most ...
''; and
Chief Justice John Roberts
John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including ''Nati ...
in his dissent in ''
''.
The ''Journal'' publishes six issues per volume, including an issue or issues devoted to its multi-day
symposium
In ancient Greece, the symposium ( grc-gre, συμπόσιον ''symposion'' or ''symposio'', from συμπίνειν ''sympinein'', "to drink together") was a part of a banquet that took place after the meal, when drinking for pleasure was acc ...
. The journal is published in
Philadelphia
Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...
(home of the
Liberty Bell
The Liberty Bell, previously called the State House Bell or Old State House Bell, is an iconic symbol of American independence, located in Philadelphia. Originally placed in the steeple of the Pennsylvania State House (now renamed Independence ...
, which is depicted on the journal's cover). Beginning with Volume 15, the ''University of Pennsylvania Journal of Constitutional Law Online'' (''JCL Online'') became the official online companion edition to the ''Journal''. ''JCL Online'' is committed to publishing short, timely articles, usually responding to new legal developments or novel issues. The
current editor-in-chief is Katherine McKeen.
Symposia
Each year the ''Journal of Constitutional Law'' hosts a symposium focusing on popular topics in constitutional scholarship and featuring notable constitutional law scholars. Past topics include "The Judiciary and the Popular Will" (January 29–30, 2010), and "Presidential Power in Historical Perspective: Reflections on
Calabresi Calabresi is an Italian surname (meaning "Calabrese, Calabrian, from Calabria", plural masculine) may refer to
* Enrica Calabresi (1891–1944), Italian zoologist, herpetologist, and entomologist
* Guido Calabresi (born 1932), Italian American leg ...
and
Yoo's ''The
Unitary Executive
The unitary executive theory is a theory of United States constitutional law which holds that the President of the United States possesses the power to control the entire federal executive branch. The doctrine is rooted in Article Two of the Un ...
''" (February 6–7, 2009). The most recent symposium, hosted in conjunction with the
National Constitution Center
The National Constitution Center is a non-profit institution devoted to the Constitution of the United States. On Independence Mall in Philadelphia, Pennsylvania, the center is an interactive museum and a national town hall for constitutional dia ...
, focused on "The Past, Present, and Future of Presidential Elections" (January 29, 2021).
Additionally, the ''Journal'' recently presented a joint symposium with the
University of Pennsylvania Law Review
The ''University of Pennsylvania Law Review'' is a law review published by an organization of second and third year J.D. students at the University of Pennsylvania Law School. It is the oldest law journal in the United States, having been publishe ...
titled "Civil Procedure, Judicial Administration, and the Future of the Field: A
Festschrift
In academia, a ''Festschrift'' (; plural, ''Festschriften'' ) is a book honoring a respected person, especially an academic, and presented during their lifetime. It generally takes the form of an edited volume, containing contributions from the h ...
in Honor of Professor
Stephen B. Burbank" (February 12–13, 2021). This symposium brought together leading scholars in civil procedure and judicial administration, along with renowned jurists, and highlighted new scholarship in international and comparative procedure and interdisciplinary approaches.
Notable articles
*
* David C. Baldus et al., ''The Use of
Preemptory Challenges in
Capital
Capital may refer to:
Common uses
* Capital city, a municipality of primary status
** List of national capital cities
* Capital letter, an upper-case letter Economics and social sciences
* Capital (economics), the durable produced goods used f ...
Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
Trials: A Legal and Empirical Analysis'', 3 U. Pa. J. Const. L. 3 (2001)
*
Sandra Day O'Connor
Sandra Day O'Connor (born March 26, 1930) is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and th ...
, ''The Supreme Court and the
Family
Family (from la, familia) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its ...
'', 3 U. Pa. J. Const. L. 573 (2001)
*
Randy E. Barnett, ''The Original Meaning of the
Necessary and Proper Clause
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution:
Since the landmark decision '' McCulloch v. Maryland'', the US Supreme Court has ruled that this clause gr ...
'', 6 U. Pa. J. Const. L. 183 (200
* Adam Raviv, ''Unsafe Harbors:
One man, one vote, One Person, One Vote and
Partisan Redistricting
Redistribution (re-districting in the United States and in the Philippines) is the process by which electoral districts are added, removed, or otherwise changed. Redistribution is a form of boundary delimitation that changes electoral dist ...
'', 7 U. Pa. J. Const. L. 1001 (2005)
*
Vincent Phillip Muñoz, ''The Original Meaning of the Establishment Clause and the Impossibility of Its Incorporation'', 8 U. Pa. J. Const. L. 585 (2006) (cited by Justice
Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 199 ...
in his concurrence in
Town of Greece v. Galloway
''Town of Greece v. Galloway'', 572 U.S. 565 (2014), is a United States Supreme Court case in which the court decided that the Town of Greece, New York may permit volunteer chaplains to open each legislative session with a prayer. The plaintiffs ...
*
Louis H. Pollak
Louis Heilprin Pollak (December 7, 1922 – May 8, 2012) was a United States district judge of the United States District Court for the Eastern District of Pennsylvania. He served on the faculty of Yale Law School and was dean from 1965 to 1970, ...
, ''"Liberty": Enumerated Rights? Unenumerated Rights?
Penumbral
The umbra, penumbra and antumbra are three distinct parts of a shadow, created by any light source after impinging on an opaque object. Assuming no diffraction, for a collimated beam (such as a point source) of light, only the umbra is cast.
T ...
Rights? Other?'', 8 U. Pa. J. Const. L. 905 (2006)
* Brian R. Decker, ''"The War of Information": The
Foreign Intelligence Surveillance Act
The Foreign Intelligence Surveillance Act of 1978 ("FISA" , ) is a United States federal law that establishes procedures for the physical and electronic surveillance and the collection of "foreign intelligence information" between "foreign po ...
,''
Hamdan v. Rumsfeld
''Hamdan v. Rumsfeld'', 548 U.S. 557 (2006), is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Mili ...
, ''and the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
's
Warrantless-Wiretapping Program'', 9 U. Pa. J. Const. L. 291 (200
*
Laurence Tribe, Laurence H. Tribe, ''Reflections on Unenumerated Rights'', 9 U. Pa. J. Const. L. 483 (2007)
* Benjamin P. O'Glasser, ''"
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
al,
Political
Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that studies ...
, and
Philosophical
Philosophy (from , ) is the systematized study of general and fundamental questions, such as those about existence, reason, knowledge, values, mind, and language. Such questions are often posed as problems to be studied or resolved. Some ...
Struggle:
Measure 37 and the
Oregon
Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
Urban Growth Boundary
An urban growth boundary, or UGB, is a regional boundary, set in an attempt to control urban sprawl by, in its simplest form, mandating that the area inside the boundary be used for urban development and the area outside be preserved in its natural ...
Controversy
Controversy is a state of prolonged public dispute or debate, usually concerning a matter of conflicting opinion or point of view. The word was coined from the Latin ''controversia'', as a composite of ''controversus'' – "turned in an opposite d ...
"'', ''
V''9 U. Pa. J. Const. L. 595 (2007)
* Jeremy A. Blumenthal, Meera Adya & Jacqueline Mogle, ''The Multiple Dimensions of Privacy: Testing Lay "Expectations of Privacy,"'' 11 U. Pa. J. Const. L. 331 (2009) (cited by Justice
Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
in his dissent in
Carpenter v. United States* Paul F. Figley, ''The Judgment Fund: America's Deepest Pocket and Its Susceptibility to Executive Branch Misuse'', 18 U. Pa. J. Const. L. 145 (2015) (cited by the
United States Court of Appeals for the District of Columbia Circuit, DC Circuit Court of Appeals in Keepseagle v. Perdue, 856 F.3d 1039 (2017) (Edwards, J.)
* Stephen E. Henderson, ''Fourth Amendment Time Machines (and What They Might Say About Police Body Cameras)'', 18 U. Pa. J. Const. L. 933 (2016) (cited by the
Second Circuit Court of Appeals
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate juri ...
in United States v. Ganias, 824 F.3d 199, 220 n. 42 (2016) (Livingtson, Lynch JJ))
* Louis S. Rulli, ''Seizing Family Homes from the Innocent: Can the Eighth Amendment Protect Minorities and the Poor from Excessive Punishment in Civil Forfeiture?'', 19 U. Pa. J. Const. L. 1111 (2017) (cited heavily in the briefing in
Timbs v. Indiana)
Editors-in-Chief
* Vol. 1 - Mike N. Gold (as Coordinating Editor)
* Vol. 2 - David Liebowitz
* Vol. 3 - Jeremy A. Blumenthal
* Vol. 4 - Andrew C. von S. Smith
* Vol. 5 - Jason A. Abel
* Vol. 6 - Carlos S. Montoya
* Vol. 7 - Akua E. Asare
* Vol. 8 - Maura E. McKenna
* Vol. 9 - Ellen C. Hu
* Vol. 10 - Nabeel A. Yousef
* Vol. 11 - Jeremy T. Adler
* Vol. 12 - Jonathan P. Adams
* Vol. 13 - Emily S. Stopa
* Vol. 14 - Vivian Lee
* Vol. 15 - Megan E. Barriger
* Vol. 16 - Brandon Harper
* Vol. 17 - Zachary C. Ewing
* Vol. 18 - Barron M. Flood
* Vol. 19 - Joseph F. Camp
* Vol. 20 - Katherine J. King
* Vol. 21 - Charles S. Nary
* Vol. 22 - Myles S. Lynch
* Vol. 23 - Diana Cummiskey
* Vol. 24 - Katherine McKeen
* Vol. 25 - Simone Hunter-Hobson
References
External links
* {{Official website, http://www.pennjournalconlaw.com/
American law journals
University of Pennsylvania Law School
English-language journals
Academic journals established in 1998
Law journals edited by students
Bimonthly journals
Constitutional law journals