Constitutional Law

Explore a comprehensive collection of resources dedicated to understanding the intricacies of constitutional law. Visitors will find informative articles, in-depth video interviews with legal experts, and clear definitions of key terms, all designed to deepen your knowledge of individual rights, governmental powers, and landmark Supreme Court cases. Whether you're a legal professional or someone seeking clarity on constitutional issues, this category provides authoritative insights and guidance.

447 posts

Legal Representation: Understanding Your Right to an Attorney

January 11, 2025 • By Jack Gilbert

The Sixth Amendment guarantees the right to an attorney in all U.S. criminal prosecutions, and courts must appoint counsel if you can’t afford one. This right generally applies at critical stages like interrogation after charges and trial, while civil cases usually don’t include a free lawyer. This article explains when the right attaches, how public […]

Appeals Constitutional Law

Writ of Coram Nobis: Correcting Errors After Conviction

January 5, 2025 • By Jack Gilbert

A writ of coram nobis can overturn a criminal conviction even after the sentence is completed if a fundamental error caused the conviction and no other remedy is available. Petitioners must show valid reasons for delay and continuing collateral consequences like deportation or loss of rights. This article explains eligibility, standards, procedure, and when coram […]

Appeals Civil Rights

Criminal Contempt: Consequences of Disrespecting the Court

January 5, 2025 • By Jack Gilbert

Criminal contempt can result in immediate sanctions, including up to 6 months in jail without a jury trial in many cases. Courts use it to punish willful disobedience of court orders or conduct that disrupts proceedings and threatens judicial authority. This article explains what qualifies as criminal contempt, typical penalties, and key defenses. The concept […]

Administrative Law Civil Rights

How are equal protection rights being interpreted in recent court decisions?

January 4, 2025 • By Jack Gilbert

Recent decisions interpret equal protection rights through three main tests—strict scrutiny, intermediate scrutiny, and rational-basis review—depending on the classification at issue. Courts increasingly emphasize whether laws are facially neutral or show discriminatory intent and how government interests are justified. This article explains the latest trends across race, sex, education, and voting-rights cases. The interpretation of […]

Administrative Law Civil Rights

What are the current legal battles surrounding reproductive rights?

January 4, 2025 • By Jack Gilbert

Since Dobbs (2022) overturned Roe, dozens of states have enacted or defended abortion bans and restrictions, fueling widespread litigation. Major battles include constitutional challenges in state courts, enforcement and emergency-care disputes, and ballot initiatives to expand or limit protections. This article surveys the leading cases, laws, and emerging trends shaping reproductive rights across the U.S. […]

Administrative Law Civil Rights

What are the key issues in housing law and affordable housing initiatives?

January 4, 2025 • By Jack Gilbert

Key housing law issues include zoning restrictions, Fair Housing Act compliance, eviction and habitability rules, and financing tools that affect the 7.1 million affordable rental homes shortage for extremely low-income renters. Affordable housing initiatives center on LIHTC, vouchers, inclusionary zoning, and local permitting reform, often challenged by NIMBY opposition and disparate-impact claims. This article covers […]

Compliance Violations Constitutional Law

What Legal Issues Are Emerging From Increased Social Media Use?

January 3, 2025 • By Jack Gilbert

Increased social media use is driving 4 major legal issue areas: privacy/data security, defamation, intellectual property infringement, and consumer-protection/FTC compliance. Rapid posting, sharing, and targeted ads increase exposure to lawsuits, investigations, and takedown demands. This article explains the emerging risks and practical steps to reduce liability. The proliferation of social media platforms has given rise […]

Administrative Law Constitutional Law

How Much Deference Do Courts Give to Agency Decisions Under This Standard?

December 31, 2024 • By Jack Gilbert

After Loper Bright (2024), courts give agencies 0 binding Chevron deference when interpreting ambiguous statutes. Judges apply independent judgment, giving only Skidmore-style respect based on an agency’s reasoning, consistency, and expertise. This article explains how that standard works and what it means for litigating agency actions. The question of how much deference courts give to […]

Appeals Constitutional Law

Corpus Delicti Rule: Proving a Crime Occurred

December 31, 2024 • By Jack Gilbert

The corpus delicti rule requires independent evidence that a crime occurred before an out-of-court confession can support a conviction. This protects against wrongful convictions based solely on admissions or coerced statements. This article explains what prosecutors must prove, common exceptions, and how courts apply the rule. The corpus delicti rule stands as a fundamental principle […]

Administrative Law Appeals

Legal Remedies for Arbitrary and Capricious Agency Actions

December 30, 2024 • By Jack Gilbert

Courts can set aside an agency action as “arbitrary and capricious” under the APA’s 5 U.S.C. § 706(2)(A) standard. Review focuses on whether the agency considered relevant factors and explained its decision with record evidence. This article covers the test, common grounds for reversal, and practical steps for challenging agency conduct. When government agencies overstep […]

Appeals Civil Law

Can a decision be overturned simply because it is unpopular or controversial?

December 30, 2024 • By Jack Gilbert

No—0 U.S. court decisions can be overturned solely because they are unpopular or controversial. Reversal generally requires legal error, constitutional conflict, new controlling precedent, or proper appellate or legislative action. This article explains how appeals, precedent, and public opinion interact in overturning rulings. The question of whether a judicial decision can be overturned solely based […]

Administrative Law Civil Law

How can I effectively prepare my case to demonstrate an agency’s arbitrary and capricious decision?

December 29, 2024 • By Jack Gilbert

Prove an agency acted “arbitrary and capricious” by showing at least one APA flaw: ignored key evidence, relied on irrelevant factors, contradicted the record, or failed to explain its reasoning. Do it by compiling the full administrative record, preserving objections, and using targeted precedent and expert declarations to highlight the missing “rational connection.” This article […]

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