Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Entire DC Network

The Free Speech Metamorphosis Of Mr. Justice Holmes, David S. Bogen Jul 2009

The Free Speech Metamorphosis Of Mr. Justice Holmes, David S. Bogen

David S. Bogen

No abstract provided.


Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen Apr 2009

Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen

David S. Bogen

No abstract provided.


Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen Apr 2009

Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen

David S. Bogen

No abstract provided.


Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen Apr 2009

Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen

David S. Bogen

No abstract provided.


Generally Applicable Laws And The First Amendment, David S. Bogen Mar 2009

Generally Applicable Laws And The First Amendment, David S. Bogen

David S. Bogen

No abstract provided.


The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen Feb 2009

The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen

David S. Bogen

No abstract provided.


Usery Limits On National Interest, David S. Bogen Feb 2009

Usery Limits On National Interest, David S. Bogen

David S. Bogen

No abstract provided.


The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen Feb 2009

The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen

David S. Bogen

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 …


Balancing Freedom Of Speech, David S. Bogen Feb 2009

Balancing Freedom Of Speech, David S. Bogen

David S. Bogen

No abstract provided.


The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen Feb 2009

The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen

David S. Bogen

No abstract provided.


Why The Supreme Court Lied About Plessy, David S. Bogen Feb 2009

Why The Supreme Court Lied About Plessy, David S. Bogen

David S. Bogen

This article examines the citation in Plessy of a dozen cases that the Court said held racial segregation statutes in transport to be constitutional. It argues that none of those twelve cases upheld a segregation statute, but were largely decisions upholding decisions by the carrier under the common law. Justice Brown knew that the cases did not uphold segregation statutes, but he went ahead and used them to bury opposition under the weight of precedent. He knew that he was unlikely to be challenged, and he believed that the common law and the Constitution involved the same principles. The conflation …


First Amendment Ancillary Doctrines, David S. Bogen Feb 2009

First Amendment Ancillary Doctrines, David S. Bogen

David S. Bogen

No abstract provided.