Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (6)
- New York Law School (5)
- Seattle University School of Law (5)
- Maurer School of Law: Indiana University (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
-
- Case Western Reserve University School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- Wayne State University (2)
- Georgetown University Law Center (1)
- Notre Dame Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Missouri School of Law (1)
- Publication
-
- Seattle University Law Review (5)
- Michigan Law Review (4)
- Faculty Publications (3)
- Federal Court System and Administration (3)
- Indiana Law Journal (3)
-
- Scholarly Works (3)
- Law Faculty Research Publications (2)
- Touro Law Review (2)
- University of Arkansas at Little Rock Law Review (2)
- Articles & Chapters (1)
- Constitutional Law (1)
- Faculty Scholarship (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal Articles (1)
- Other Publications (1)
- University of Michigan Journal of Law Reform (1)
- Publication Type
Articles 1 - 30 of 34
Full-Text Articles in Entire DC Network
The Enduring Constitution Of The People And The Protection Of Individual Rights, Robert A. Sedler
The Enduring Constitution Of The People And The Protection Of Individual Rights, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
In Defense Of The Constitution's Judicial Impeachment Standard, Melissa H. Maxman
In Defense Of The Constitution's Judicial Impeachment Standard, Melissa H. Maxman
Michigan Law Review
This Note explores the traditional interpretation of the Constitution's impeachment provisions in light of the demands of Judges Claiborne's, Nixon's, and Hastings' cases. Part I describes the signals indicating analytical shortcomings, and thus the need for reexamination of the provisions as currently construed. It shows that the troubling results of the recent standard allowing criminal prosecution before impeachment are apparent to both the courts and the Congress. Part II analyzes the meaning and purpose of the constitutional language, and the recent policy challenges to it. This part shows that, in fact, the impeachment provisions were carefully chosen by the Constitution's …
Bodily Intrusion In Search Of Evidence: A Study In Fourth Amendment Decisionmaking, Michael G. Rogers
Bodily Intrusion In Search Of Evidence: A Study In Fourth Amendment Decisionmaking, Michael G. Rogers
Indiana Law Journal
No abstract provided.
Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg
Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg
Michigan Law Review
Part I of this Note examines the current state of the law in the liquor affirmation area. Part II argues that the twenty-first amendment may not be invoked to justify the extraterritorial impact of these statutes. The amendment does not preempt the commerce clause in the liquor area. While it gives the states free rein over liquor internally, it provides no basis for any extraterritorial projection of liquor price regulation. Part III considers the commerce clause analysis of Brown-Forman and argues that any interstate effects of these statutes will cause them to violate the commerce clause. This section argues that …
Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt
Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt
Michigan Law Review
This article has two purposes. Its first aim is to trace the significance of these shifting characterizations of American society in the Justices' successive approaches to the death penalty by retelling the story of the Court's capital punishment jurisprudence. Its second purpose is to suggest that belief in implacable social hostility destroys the coherence of the judicial role in constitutional adjudication. America may indeed be an irreconcilably polarized society; I cannot dispositively prove or disprove the proposition. I mean only to claim that in constitutional adjudication a judge is obliged to act as if this proposition were false; and, moreover, …
Rational Basis With Bite: Intermediate Scrutiny By Any Other Name, Gayle Lynn Pettinga
Rational Basis With Bite: Intermediate Scrutiny By Any Other Name, Gayle Lynn Pettinga
Indiana Law Journal
No abstract provided.
Toleration And The Constitution, Judith L. Hudson
Toleration And The Constitution, Judith L. Hudson
Michigan Law Review
A Review of Toleration and the Constitution by David A.J. Richards
The American Constitution: A Double Life, Lawrence M. Friedman
The American Constitution: A Double Life, Lawrence M. Friedman
University of Arkansas at Little Rock Law Review
No abstract provided.
Striking Down The Clergyman-Communicant Privilege Statutes: Let Free Exercise Of Religion Govern, Jane E. Mayes
Striking Down The Clergyman-Communicant Privilege Statutes: Let Free Exercise Of Religion Govern, Jane E. Mayes
Indiana Law Journal
No abstract provided.
Why The Reagan Administration Resists Radical Transformation Of The Constitution, Gary C. Leedes
Why The Reagan Administration Resists Radical Transformation Of The Constitution, Gary C. Leedes
University of Arkansas at Little Rock Law Review
No abstract provided.
Review Essay: Charting The Bicentennial, Richard B. Bernstein
Review Essay: Charting The Bicentennial, Richard B. Bernstein
Articles & Chapters
No abstract provided.
Evolving Constitutional Concepts Of Privacy, Roger J. Miner '56
Evolving Constitutional Concepts Of Privacy, Roger J. Miner '56
Constitutional Law
No abstract provided.
Preemptive Strikes On State Autonomy: The Role Of Congress, Roger J. Miner '56
Preemptive Strikes On State Autonomy: The Role Of Congress, Roger J. Miner '56
Federal Court System and Administration
No abstract provided.
Have The Federal Courts Functioned As The Framers Intended?, Roger J. Miner '56
Have The Federal Courts Functioned As The Framers Intended?, Roger J. Miner '56
Federal Court System and Administration
No abstract provided.
The Federal Courts: Have They Functioned As The Framers Intended?, Roger J. Miner '56
The Federal Courts: Have They Functioned As The Framers Intended?, Roger J. Miner '56
Federal Court System and Administration
No abstract provided.
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Scholarly Works
Professor Blakesley presides over this panel discussion on laws combating the illegal importation of drugs and small arms, and their implications for international and domestic law.
The Profound Impact Of Milliken V. Bradley, Robert A. Sedler
The Profound Impact Of Milliken V. Bradley, Robert A. Sedler
Law Faculty Research Publications
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.
Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton
Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton
Faculty Publications
I doubt that William Bradford Reynolds would disagree that the self evident truths the Framers of the Declaration of Independence spoke about are as applicable today in the 1980's as they were over 200 years ago. I also doubt that Mr. Reynolds would disagree that despite the fact that black people were not considered human beings when the Constitution was framed, the fourteenth amendment to that great document was intended to bring them within the ambit of its protections. On these two basic propositions, I suspect, Mr. Reynolds and I would agree. Beyond that however, Mr. Reynolds advances a fundamentally …
Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz
Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz
Seattle University Law Review
This Article replies to Professor Harry V. Jaffa’s article “What Were the ‘Original Intentions’ of the Framers of the Constitution of the United States?” The Article focuses on the gap the author argues Professor Jaffa left between the consciousness of the Framers and the practice of judicial review today. The author argues that the understanding that Professor Jaffa brings to the intent of the Framers is one that opens up the Constitution to the call of justice, but the author critiques the utility of Professor Jaffa’s work in resolving the contentious constitutional issues of today, including abortion and capital punishment.
Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt
Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt
Journal Articles
In 1788, delegates assembled in North Carolina to decide whether to ratify the Constitution. A debate erupted between Federalists and Anti-federalists regarding each Article of the then-drafted Constitution. This Article analyzes the debate, and proposes that the key difference was the function of the role of the law.
Terrorism And The Constitution, Christopher L. Blakesley
Terrorism And The Constitution, Christopher L. Blakesley
Scholarly Works
How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …
Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein
Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein
Touro Law Review
No abstract provided.
Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin
Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin
Touro Law Review
No abstract provided.
Foreword: On Jaffa, Lincoln, Marshall, And Original Intent, Lewis E. Lehrman
Foreword: On Jaffa, Lincoln, Marshall, And Original Intent, Lewis E. Lehrman
Seattle University Law Review
This Foreword introduces the article to follow written by Harry V. Jaffa, scholar of Abraham Lincoln’s political philosophy. The Foreward provides background material necessary to contextualize the ongoing debate surrounding constitutional interpretation emphasizing original intent addressed in Jaffa's article.
Professor Harry V. Jaffa Divides The House: A Respectful Protest And A Defense Brief, Robert L. Stone
Professor Harry V. Jaffa Divides The House: A Respectful Protest And A Defense Brief, Robert L. Stone
Seattle University Law Review
This Article replies to Professor’ Jaffa’s article, “What Were the ‘Original Intentions’ of the Framers of the Constitution of the United States?,” and book, The Crisis of the House Divided. The Article argues that Professor Jaffa’s method throughout his indictment of legal scholars has three flaws. First, the Article argues that Professor Jaffa takes statements of sensible political compromises-such as support for judicial restraint, British traditions, and local self-government-and treats them as if they were philosophical statements. Second, the author contends that Professor Jaffa assembles a composite indictment, which in law is appropriately applied only to an indictment against …
What Were The "Original Intentions" Of The Framers Of The Constitution Of The United States?, Harry V. Jaffa
What Were The "Original Intentions" Of The Framers Of The Constitution Of The United States?, Harry V. Jaffa
Seattle University Law Review
This Article explains how the doctrine of original intent might be defended as the basis for interpreting the Constitution. The deepest political differences in American history have always been differences concerning the meaning of the Constitution, whether as originally intended, or as amended. Since the Civil War, the debate has often taken the form of a dispute over whether or not the Civil War amendments, notably the fourteenth, have changed the way in which the whole Constitution, and not only the amended parts, is read or interpreted. It is not possible to even discuss how or whether the Civil War …
Seven Questions For Professor Jaffa, George Anastaplo
Seven Questions For Professor Jaffa, George Anastaplo
Seattle University Law Review
This Article poses questions inspired by the four essays collected in Professor Harry V. Jaffa’s article “What Were the ‘Original Intentions’ of the Framers of the Constitution of the United States?” The Article offers, in addition to fresh reflections upon these questions, three appendices, which bear upon various matters touched upon by Professor Jaffa. These appendices include, “The Founders of Our Founders: Jerusalem, Athens, and the American Constitution,” “The Ambiguity of Justice in Plato’s Republic,” and “Private Rights and Public Law: The Founders’ Perspective.” The Epilogue provides informed observations of a scholar who comments on the differences between Professor …
Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber
Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber
University of Michigan Journal of Law Reform
To amend the federal Constitution, we need the assent of two-thirds of each house of Congress and three-fourths of the states. This Article focuses on the three-fourths requirement for the states. This threshold is particularly high, and it suggests that constitutional amendment is very difficult. In fact, amendment is difficult in different degrees for different constituencies, depending not on their numbers but on where they live.
U.S. Supreme Court: The 1986-87 Term (Part Ii), Paul C. Giannelli
U.S. Supreme Court: The 1986-87 Term (Part Ii), Paul C. Giannelli
Faculty Publications
No abstract provided.