Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Entire DC Network
Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders
Ninth Life: An Interpretive Theory Of The Ninth Amendment, Chase J. Sanders
Indiana Law Journal
No abstract provided.
When Is The Senate In Recess For Purposes Of The Recess Appointment Clause?, Michael A. Carrier
When Is The Senate In Recess For Purposes Of The Recess Appointment Clause?, Michael A. Carrier
Michigan Law Review
This Note argues that courts should interpret the Constitution to allow the President to make recess appointments only during intersession recesses of the Senate. Part I chronicles the history of presidential recess appointments. This Part highlights the increasing frequency of, and questionable need for, intrasession recess appointments in the past twenty-five years. Part II examines the text of the Recess Appointments Clause and the intentions of the Framers regarding the scope of the clause and the appointment power in general. This Part argues that the text and the Framers' intentions indicate that the President's power to make recess appointments should …
Moses And Modernism, Neil H. Cogan
Moses And Modernism, Neil H. Cogan
Michigan Law Review
A Review of The Bill of Rights and the States: The Colonial and Revolutionary Origins of American Liberties by Patrick T. Conley and John P. Kaminski and State Constitutional Law: Litigating Individual Rights, Claims and Defenses by Jennifer Friesen and Reference Guides to the State Constitutions of the United States
The Constitution Of Reasons, Robin L. West
The Constitution Of Reasons, Robin L. West
Michigan Law Review
A Review of The Partial Constitution by Cass R. Sunstein
The Interpretable Constitution, Steven C. Coberly
The Interpretable Constitution, Steven C. Coberly
Michigan Law Review
A Review of The Interpretable Constitution by William F. Harris II
Incorporating The Suspension Clause: Is There A Constitutional Right To Federal Habeas Corpus For State Prisoners?, Jordan Steiker
Incorporating The Suspension Clause: Is There A Constitutional Right To Federal Habeas Corpus For State Prisoners?, Jordan Steiker
Michigan Law Review
In the early 1960s, the Supreme Court adopted generous standards governing federal habeas petitions by state prisoners. At that time, the Court suggested, rather surprisingly, that its solicitude toward such petitions might be constitutionally mandated by the Suspension Clause, the only provision in the Constitution that explicitly refers to the "Writ of Habeas Corpus." Now, thirty years later, the Court has essentially overruled those expansive rulings, and Congress has considered, though not yet enacted, further limitations on the availability of the writ. Despite these significant assaults on the habeas forum, the constitutional argument appears to have been entirely abandoned. The …
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Touro Law Review
No abstract provided.