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Constitutional Law

Selected Works

Constitution

2015

Articles 1 - 8 of 8

Full-Text Articles in Entire DC Network

Who’S The ‘We?’ Who’S ‘The People?’, Rodney A. Smolla Sep 2015

Who’S The ‘We?’ Who’S ‘The People?’, Rodney A. Smolla

Rod Smolla

No abstract provided.


All American Citizens Fall Under ‘We The People,’ But Who Is Really Included?, Alan E. Garfield Sep 2015

All American Citizens Fall Under ‘We The People,’ But Who Is Really Included?, Alan E. Garfield

Alan E Garfield

No abstract provided.


Categories, Tiers Of Review, And The Roiling Sea Of Free Speech Doctrine And Principle: A Methodological Critique Of United States V. Alvarez, Rodney A. Smolla Jul 2015

Categories, Tiers Of Review, And The Roiling Sea Of Free Speech Doctrine And Principle: A Methodological Critique Of United States V. Alvarez, Rodney A. Smolla

Rod Smolla

None available.


Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla Jul 2015

Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla

Rod Smolla

Not available.


Riding On The Ordinance Highway: Why The Supreme Court Should Step In, Shubhankar Dam May 2015

Riding On The Ordinance Highway: Why The Supreme Court Should Step In, Shubhankar Dam

Shubhankar Dam

No abstract provided.


Saving Originalism, Robert J. Delahunty, John Yoo May 2015

Saving Originalism, Robert J. Delahunty, John Yoo

John C Yoo

It is sometimes said that biographers cannot help but come to admire, even love, their subjects. And that adage seems to ring true of Professor Amar, the foremost “biographer” of the Constitution. He loves it not just as a governing structure, or a political system, but as a document. He loves the Constitution in the same way that a fan of English literature might treasure Milton’s Paradise Lost or Shakespeare’s Macbeth. He loves the Constitution not just for the good: the separation of powers, federalism, and the Bill of Rights. He also loves it for its nooks and crannies, idiosyncrasies, …


The Scope Of Precedent, Randy J. Kozel Mar 2015

The Scope Of Precedent, Randy J. Kozel

Randy J Kozel

The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales and elaborate doctrinal frameworks articulated by their predecessors. This practice infuses judicial precedent with the prescriptive power of enacted constitutional and statutory text. The lower federal courts follow suit, regularly abiding by the Supreme Court’s broad pronouncements. These phenomena cannot be explained by—and, indeed, oftentimes subvert—the classic distinction between binding holdings and dispensable dicta. This Article connects the scope of precedent with recurring and foundational debates about the proper ends of judicial interpretation. A precedent’s forward- looking effect should not depend on the …


Democracy Means That The People Make The Law, Gerald Torres Feb 2015

Democracy Means That The People Make The Law, Gerald Torres

Gerald Torres

Gerald Torres delivered the Robert C. Wood lecture at the McCormack Graduate School of Policy Studies at University of Massachusetts Boston in 2006. This is his talk.