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Constitutional Law

Selected Works

2015

Federalism

Articles 1 - 6 of 6

Full-Text Articles in Entire DC Network

The Emergence Of Classical American Patent Law, Herbert Hovenkamp Aug 2015

The Emergence Of Classical American Patent Law, Herbert Hovenkamp

Herbert Hovenkamp

The Emergence of Classical Patent Law

Abstract

One enduring historical debate concerns whether the American Constitution was intended to be "classical" -- referring to a theory of statecraft that maximizes the role of private markets and minimizes the role of government in economic affairs. The most central and powerful proposition of classical constitutionalism is that the government's role in economic development should be minimal. First, private rights in property and contract exist prior to any community needs for development. Second, if a particular project is worthwhile the market itself will make it occur. Third, when the government attempts to induce …


Globalization And Structure, Julian Ku, John Yoo May 2015

Globalization And Structure, Julian Ku, John Yoo

John C Yoo

No abstract provided.


Instrumental And Non-Instrumental Federalism, Michael C. Dorf Feb 2015

Instrumental And Non-Instrumental Federalism, Michael C. Dorf

Michael C. Dorf

No abstract provided.


The Relevance Of Federal Norms For State Separation Of Powers, Michael C. Dorf Feb 2015

The Relevance Of Federal Norms For State Separation Of Powers, Michael C. Dorf

Michael C. Dorf

No abstract provided.


No Federalists Here: Anti-Federalism And Nationalism On The Rehnquist Court, Michael C. Dorf Feb 2015

No Federalists Here: Anti-Federalism And Nationalism On The Rehnquist Court, Michael C. Dorf

Michael C. Dorf

No abstract provided.


The 2006 Winthrop And Frances Lane Lecture: The Unintended Legal And Policy Consequences Of The No Child Left Behind Act, Michael Heise Feb 2015

The 2006 Winthrop And Frances Lane Lecture: The Unintended Legal And Policy Consequences Of The No Child Left Behind Act, Michael Heise

Michael Heise

No abstract provided.