Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 4 of 4
Full-Text Articles in Entire DC Network
Interpretative Equality As A Structural Imperative (Or 'Pucker Up And Settle This!'), Gary S. Lawson
Interpretative Equality As A Structural Imperative (Or 'Pucker Up And Settle This!'), Gary S. Lawson
Faculty Scholarship
To serious students of the Constitution, Chief Justice Marshall's discussion of judicial review in Marbury v. Madisont was about judicial equality-the power of the courts, co-equal to the similar powers of the legislative and executive departments, to construe and apply the Constitution in the course of their duties. To less serious students of the Constitution, Marbury was about judicial supremacy-the supposedly paramount power of courts to interpret and apply the Constitution in a fashion that binds other legal actors, including the legislative and executive departments and state officials.
One Strike And You're Out? Constitutional Constraints On Zero Tolerance In Public Education, Eric D. Blumenson, Eva S. Nilsen
One Strike And You're Out? Constitutional Constraints On Zero Tolerance In Public Education, Eric D. Blumenson, Eva S. Nilsen
Faculty Scholarship
Various studies reported that juvenile crimes of violence fell in the 1990s by as much as 30%. 10 In high schools specifically, the incidence of threatening behavior in 1996 changed little from two decades earlier, 11 with the chances of being killed in school far less than being struck by lighting. 12 The "juvenile crime bomb" proved illusory (as Delulio himself eventually acknowledged 13), but the severe measures designed to deal with it remain entrenched. Zero tolerance has taken on a life of its own, partly because public misperception remains high, 14 and partly because in our hardheaded times …
Constitutional Borrowing And Nonborrowing, Lee Epstein, Jack Knight
Constitutional Borrowing And Nonborrowing, Lee Epstein, Jack Knight
Faculty Scholarship
No abstract provided.
Constitutional Existence Conditions And Judicial Review, Matthew D. Adler, Michael C. Dorf
Constitutional Existence Conditions And Judicial Review, Matthew D. Adler, Michael C. Dorf
Faculty Scholarship
Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable, many familiar norms of constitutional law state what we call "existence conditions" that are necessarily enforced by judicial actors charged with the responsibility of applying, and thus as a preliminary step, identifying, propositions of sub-constitutional law such as statutes. Article I, Section 7, which sets forth the procedures by which a bill becomes a law, is an example: a putative law that did not go through the Article I, Section 7 process and does not satisfy an alternative test for legal validity (such as the treaty-making provision …