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Articles 121 - 150 of 153
Full-Text Articles in Entire DC Network
Uniformity In The Federal Courts: A Proposal For Increasing The Use Of En Banc Appellate Review, Michael Ashley Stein
Uniformity In The Federal Courts: A Proposal For Increasing The Use Of En Banc Appellate Review, Michael Ashley Stein
Faculty Publications
No abstract provided.
Constitutionalism, Democracy And Foreign Affairs, Louis Henkin
Constitutionalism, Democracy And Foreign Affairs, Louis Henkin
Indiana Law Journal
No abstract provided.
The Constitution As Architecture: A Charette, Larry Kramer
The Constitution As Architecture: A Charette, Larry Kramer
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
Closing The Circle Of Constitutional Review From Griswold V. Connecticut To Roe V. Wade: An Outline Of A Decision Merely Overruling Roe, William W. Van Alstyne
Closing The Circle Of Constitutional Review From Griswold V. Connecticut To Roe V. Wade: An Outline Of A Decision Merely Overruling Roe, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Idea Of The Constitution As Hard Law, William W. Van Alstyne
The Idea Of The Constitution As Hard Law, William W. Van Alstyne
Faculty Publications
No abstract provided.
A Reply To Gonzalez, Interpreting This Constitution: Another Response To Professor Van Alstyne, William W. Van Alstyne
A Reply To Gonzalez, Interpreting This Constitution: Another Response To Professor Van Alstyne, William W. Van Alstyne
Faculty Publications
No abstract provided.
Scholarly Reflections On The Court And The Constitution, Michael Ashley Stein
Scholarly Reflections On The Court And The Constitution, Michael Ashley Stein
Faculty Publications
No abstract provided.
Pullman Abstention After Pennhurst: A Comment On Judicial Federalism, Keith Werhan
Pullman Abstention After Pennhurst: A Comment On Judicial Federalism, Keith Werhan
William & Mary Law Review
No abstract provided.
Constitutional Rights Without Remedies: Judicial Review Of Underinclusive Legislation, Bruce K. Miller, Neal Devins
Constitutional Rights Without Remedies: Judicial Review Of Underinclusive Legislation, Bruce K. Miller, Neal Devins
Faculty Publications
No abstract provided.
Book Review Of The Second American Revolution, Neal Devins
Book Review Of The Second American Revolution, Neal Devins
Faculty Publications
No abstract provided.
Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne
Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne
Faculty Publications
With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.
Has The Contract Clause Counter-Revolution Halted? Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan Baker
Has The Contract Clause Counter-Revolution Halted? Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Fate Of Constitutional Ipse Dixits, William W. Van Alstyne
The Fate Of Constitutional Ipse Dixits, William W. Van Alstyne
Faculty Publications
No abstract provided.
Inconsistent Standards Of Review In Last Term's Establishment Clause Cases, Neal Devins
Inconsistent Standards Of Review In Last Term's Establishment Clause Cases, Neal Devins
Popular Media
No abstract provided.
Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne
Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne
Faculty Publications
This paper examines several different theories surrounding judicial review and finds many of these theories lacking. Modern trends of literal interpretations and precise language have removed the optimistic nature of Constitutional language and is largely responsible for the hesitancy of other nations to adopt a supreme constitution.
Federal Judicial Review Jurisdiction Under The Federal Court Act: When Is A "Federal Board, Commission Or Other Tribunal" Not A "Federal Board, Commission Or Tribunal"?, R. A. Macdonald
Dalhousie Law Journal
The precise scope of the judicial review jurisdiction of the Federal Court has always been a matter of some doubt and controversy.' Over the past decade problems have arisen with respect to federal reviewability of decisions of the Governor-in-Council, 2 of section 96 judges, 3 of Canadian Crown corporations, 4 of various officials in the North-West Territories, 5 and of decision-makers acting pursuant to the federal power over Indians. 6 In many of these cases, seemingly conflicting judicial decisions as to the effect of section 2(g) of the Federal Court Act 7 have been rendered: sometimes courts have been uncertain …
Constitutional Law - First Amendment - Release Of Toll Call Billing Records Disclosing Journalists' Confidential Sources Held Not Violate Of Freedom Of The Press And Not To Require Prior Judicial Review, Arthur B. Axelson
Villanova Law Review
No abstract provided.
Marbury V. Madison, Lord Coke, And Dr. Bonham: Relics Of The Past, Guidelines For The Present—Judicial Review Intransition?, George P. Smith, Ii
Marbury V. Madison, Lord Coke, And Dr. Bonham: Relics Of The Past, Guidelines For The Present—Judicial Review Intransition?, George P. Smith, Ii
Seattle University Law Review
The purpose of this article is to explore the modern significance of Coke's influence as analyzed and interpreted through the famous Bonham's Case and thereby to provide an insight into the development of our own concepts of judicial review, as borrowed from the English, in its original historical legal perspective and as seen through the decision in Marbury v. Madison and applied modernly in the principle case of Baker v. Carr.
An Example Of Judicial Legislation: The Third Circuit's Expansion Of Exemption 6 Of The Freedom Of Information Act To Include Union Authorization Cards, Martin J. Sobol
An Example Of Judicial Legislation: The Third Circuit's Expansion Of Exemption 6 Of The Freedom Of Information Act To Include Union Authorization Cards, Martin J. Sobol
Villanova Law Review
No abstract provided.
Threshold Determinations Under Section 102(2)(C) Of Nepa: The Case For "Reasonableness" As A Standard For Judicial Review
William & Mary Law Review
No abstract provided.
Constitutional Law - Fourth Amendment - Conduct Of An Effective Foreign Policy Demands That Presidential Power To Conduct Electronic Surveillance For Foreign Affaris Purposes Not Be Subjected To Warrant Requirement, And That Subsequent Judicial Review Be Limited, Mark R. Cuker
Villanova Law Review
No abstract provided.
Constitutional Law - Civilians' Claim That Army's Datgathering System Works A Chilling Effect On Their First Amendment Rights Held Not Be A Justiciable Controversy Absent Showing Of Objective Present Harm Or Threat Of Future Harm, David J. Mathews
Villanova Law Review
No abstract provided.
The Aftermath Of Serrano: The Strict Scrutiny Approach And The Viability Of Property Tax Financing For Public Educational Systems, Randall C. Rolfe
The Aftermath Of Serrano: The Strict Scrutiny Approach And The Viability Of Property Tax Financing For Public Educational Systems, Randall C. Rolfe
Villanova Law Review
No abstract provided.
The Dilemma Of The Professoriate, Matthew W. Finkin
The Dilemma Of The Professoriate, Matthew W. Finkin
Villanova Law Review
No abstract provided.
A Critical Guide To Marbury V. Madison, William W. Van Alstyne
A Critical Guide To Marbury V. Madison, William W. Van Alstyne
Faculty Publications
The concept of judicial review of the constitutionality of state and federal statutes by the Supreme Court is generally rested upon the epic decision in Marbury v. Madison. The controversies which have surrounded the exercise of this power by the Supreme Court require a periodic reexamination of the concept of judicial review at its source, the Marbury opinion. This article proceeds by examining the historical context in which the case arose and analyzes the opinion in terms of various alternative approaches which might have been utilized by Chief Justice Marshall. The specific holding of the case is isolated in contrast …
The Release Of Government-Owned Technical Data Under The Freedom Of Information Law: Between Scylla And Charybdis, James A. Dobkin
The Release Of Government-Owned Technical Data Under The Freedom Of Information Law: Between Scylla And Charybdis, James A. Dobkin
Villanova Law Review
No abstract provided.
Advisory Opinions As A Problem Solving Process, David Lenefsky
Advisory Opinions As A Problem Solving Process, David Lenefsky
Villanova Law Review
No abstract provided.
Veterans' Benefits, Judicial Review, And The Constitutional Problems Of Positive Government, Frederick Davis
Veterans' Benefits, Judicial Review, And The Constitutional Problems Of Positive Government, Frederick Davis
Indiana Law Journal
No abstract provided.
The Supreme Court On Trial, William W. Van Alstyne
The Supreme Court On Trial, William W. Van Alstyne
Faculty Publications
This review of The Supreme Court on Trial questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Boards dominance of such discussion and the book’s poor treatment of the desegregation cases.
Mason: The Supreme Court: Palladium: Of Freedom, Joseph E. Kallenbach
Mason: The Supreme Court: Palladium: Of Freedom, Joseph E. Kallenbach
Michigan Law Review
A Review of The Supreme Court: Palladium: Of Freedom . By Alpheus T. Mason.