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Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict
Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict
Schmooze 'tickets'
No abstract provided.
Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber
Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber
Faculty Scholarship
The consensus that the Fourteenth Amendment incorporates the Thirteenth Amendment has come under sharp criticism in recent years. Several new works suggest that the Thirteenth Amendment, properly interpreted, protects some substantive rights not protected by the Fourteenth Amendment. Some of this scholarship is undoubtedly motivated by an effort to avoid hostile Supreme Court precedents. Nevertheless, more seems to be going on than mere litigation strategy. Scholars detected different rights and regime principles in the Thirteenth Amendment than they find in the Fourteenth Amendment. The 2011 Maryland Constitutional Law Schoomze, to which this is an introduction, provided an opportunity for law …
The Rule Against Scandal, Marci A. Hamilton
Toward A Judeo-Christian Constitutional Interpretation, Henry L. Chambers
Toward A Judeo-Christian Constitutional Interpretation, Henry L. Chambers
Schmooze 'tickets'
No abstract provided.
Is There A Paradox In Amending A Sacred Text?, Beau Breslin
Is There A Paradox In Amending A Sacred Text?, Beau Breslin
Schmooze 'tickets'
No abstract provided.
Like A Hole In The Head, Lief H. Carter
Religion And Constitutionalism: Indigenous Societies, David S. Bogen
Religion And Constitutionalism: Indigenous Societies, David S. Bogen
Schmooze 'tickets'
No abstract provided.
Foreword: Making Sense Of An Eighteenth-Century Constitution In A Twenty-First-Century World, Mark A. Graber
Foreword: Making Sense Of An Eighteenth-Century Constitution In A Twenty-First-Century World, Mark A. Graber
Faculty Scholarship
The Maryland Constitutional Law Schmooze, "An Eighteenth-Century Constitution in a Twenty-First-Century World" explores the interpretive and political challenges inherent in recourse to an ancient text for resolving political questions. Although no Essay cites Quentin Skinner, the debates between participants in the Schmooze and this Symposium mirror the debates between Skinner and his critics. Some participants insist that crucial aspects of an eighteenth-century text remain vibrant at present, that contemporary political life would be improved by more careful study of the Constitution. Others blame crucial pathologies of American politics on a combination of too careful study of and too uncritical veneration …
The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen
The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen
Faculty Scholarship
This paper argues that the market participant exception to the dormant commerce clause reflects the same concerns that led to the clear statement doctrine for application of general legislation to the operations of state governments. The genius of the Constitution was to make federal law directly applicable to individuals instead of through state governments – this made enforcement easier and avoided confrontation between the state and nation. Confrontation in which the federal authorities order the state to act in a particular way should be a result of consideration of the need to do so. But the dormant commerce clause by …
Obeisance To The Separation Of Powers And Protection Of Individuals' Rights And Liberties: The Honorable John C. Eldridge's Approach To Constitutional Analysis In The Court Of Appeals Of Maryland, 1974-2003, Lynne A. Battaglia
Maryland Law Review
No abstract provided.
Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber
Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber
Faculty Scholarship
No abstract provided.
A Constitutional Conspiracy Unmasked: Why "No State" Does Not Mean "No State", Mark A. Graber
A Constitutional Conspiracy Unmasked: Why "No State" Does Not Mean "No State", Mark A. Graber
Faculty Scholarship
No abstract provided.
An Adequate Education For All Maryland's Children: Morally Right, Economically Necessary, And Constitutionally Required, Susan P. Leviton, Matthew H. Joseph
An Adequate Education For All Maryland's Children: Morally Right, Economically Necessary, And Constitutionally Required, Susan P. Leviton, Matthew H. Joseph
Maryland Law Review
No abstract provided.
Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar S. Gray
Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar S. Gray
Faculty Scholarship
No abstract provided.
The Privileges And Immunities Clause Of Article Iv, David S. Bogen
The Privileges And Immunities Clause Of Article Iv, David S. Bogen
Faculty Scholarship
No abstract provided.
Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen
Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen
Faculty Scholarship
No abstract provided.
The Constitutional Rights Of Privacy - "A Sizable Hunk Of Liberty", Frank R. Goldstein
The Constitutional Rights Of Privacy - "A Sizable Hunk Of Liberty", Frank R. Goldstein
Maryland Law Review
No abstract provided.
Extent To Which Rights Secured By The First Eight Amendments To The Federal Constitution Are Protected Against State Action By The Fourteenth Amendment
Maryland Law Review
No abstract provided.