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The Constitutionality Of Affirmative Action: Views From The Supreme Court, Jesse H. Choper
The Constitutionality Of Affirmative Action: Views From The Supreme Court, Jesse H. Choper
Jesse H Choper
No abstract provided.
Bill Lockhart--Colleague, Mentor, Friend, Jesse H. Choper
Bill Lockhart--Colleague, Mentor, Friend, Jesse H. Choper
Jesse H Choper
No abstract provided.
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Jesse H Choper
The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …
Federalism And Judicial Review: An Update, Jesse H. Choper
Federalism And Judicial Review: An Update, Jesse H. Choper
Jesse H Choper
This Commentary argues that the Court decided New York v. United States incorrectly. The Court failed to take into account both the highly pragmatic nature of federal-state questions and the extent to which state interests are represented in the national political process. The Court, instead, should have followed the author's "Federalism Proposal" whereby all issues of federalism arising under the Tenth Amendment are deemed non-justiciable and are left to the political branches for resolution. This Commentary illustrates the shortcomings of the New York approach in the context of national health care regulation.