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Articles 1 - 17 of 17
Full-Text Articles in Entire DC Network
The Free Speech Metamorphosis Of Mr. Justice Holmes, David S. Bogen
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
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
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
Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen
David S. Bogen
No abstract provided.
The First Integration Of The University Of Maryland School Of Law, David S. Bogen
The First Integration Of The University Of Maryland School Of Law, David S. Bogen
David S. Bogen
No abstract provided.
Generally Applicable Laws And The First Amendment, David S. Bogen
Generally Applicable Laws And The First Amendment, David S. Bogen
David S. Bogen
No abstract provided.
The Law Of Humanitarian Intervention: U.S. Policy In Cuba (1898) And In The Dominican Republic (1965), David S. Bogen
The Law Of Humanitarian Intervention: U.S. Policy In Cuba (1898) And In The Dominican Republic (1965), 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
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
Usery Limits On National Interest, David S. Bogen
David S. Bogen
No abstract provided.
The Innkeeper's Tale: The Legal Development Of A Public Calling, David S. Bogen
The Innkeeper's Tale: The Legal Development Of A Public Calling, David S. Bogen
David S. Bogen
No abstract provided.
The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen
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
The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen
The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen
David S. Bogen
No abstract provided.
A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen
A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen
David S. Bogen
No abstract provided.
Why The Supreme Court Lied About Plessy, David S. Bogen
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 …
Precursors Of Rosa Parks: Maryland Transportation Cases Between The Civil War And The Beginning Of World War I, David S. Bogen
Precursors Of Rosa Parks: Maryland Transportation Cases Between The Civil War And The Beginning Of World War I, David S. Bogen
David S. Bogen
When Rosa Parks refused to move to a seat in the back of the bus in Montgomery, it sparked the boycott and was a critical event in the Civil Rights movement. But Mrs. Parks was the culmination of a long tradition of resistance to segregation. Many teachers, ministers, businessmen and ordinary citizens refused to accept second class treatment on the railways and waterways of Maryland between the end of the Civil War and the beginning of World War I, and took their protest to the courts. Facing hostile state courts after the Civil War, African-American plaintiffs needed to access the …
First Amendment Ancillary Doctrines, David S. Bogen
First Amendment Ancillary Doctrines, David S. Bogen
David S. Bogen
No abstract provided.