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Constitutional Law

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Selected Works

2013

U.S. Supreme Court

Articles 1 - 4 of 4

Full-Text Articles in Entire DC Network

The United States Supreme Court: A Creative Check Of Institutional Misdirection?, Fletcher N. Baldwin Jul 2013

The United States Supreme Court: A Creative Check Of Institutional Misdirection?, Fletcher N. Baldwin

Fletcher N. Baldwin

In the Comment which follows Professor Baldwin presents a brief for an extremely creative Supreme Court. In contrast to those who suggest limiting the function of the Court, either by subject matter or by judicial restraint, the author would have it protect the compact upon which the community is based, by taking an active role to insure that the compensation implied in the compact flows in fact not only to the community but to the individual.


2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin May 2013

2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Chief Justice Roberts's Marbury Moment: The Affordable Care Act Case (Nfib V. Sebelius), Stephen M. Feldman Dec 2012

Chief Justice Roberts's Marbury Moment: The Affordable Care Act Case (Nfib V. Sebelius), Stephen M. Feldman

Stephen M. Feldman

This essay is derived from the Jerry W. Housel/Carl F. Arnold Lecture, delivered on November 3, 2012 at the University of Wyoming College of Law. The work discusses Chief Justice John Roberts's decision in the Affordable Care Act case in light of its political significance as compared to the Madison v. Marbury case. The essay briefly summarizes the ACA case and goes on to focus on Congress's commerce power. It examines the constitutional doctrine that preceded the case and then explores how Roberts changed the doctrine.


Obscenity, Internet, Free Press And Free Speech - Constitutions Of India And The United States, Khagesh Gautam Prof. Dec 2012

Obscenity, Internet, Free Press And Free Speech - Constitutions Of India And The United States, Khagesh Gautam Prof.

Khagesh Gautam

No abstract provided.