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Journal

2001

Constitutional law

Discipline
Institution
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Articles 1 - 30 of 35

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The Anastasoff Case And The Judicial Power To Unpublish Opinions, Thomas R. Lee, Lance S. Lehnhof Nov 2001

The Anastasoff Case And The Judicial Power To Unpublish Opinions, Thomas R. Lee, Lance S. Lehnhof

Notre Dame Law Review

No abstract provided.


How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner Nov 2001

How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner

Duke Law Journal

No abstract provided.


Congress As Culprit: How Lawmakers Spurred On The Court’S Anti-Congress Crusade, Neal Devins Oct 2001

Congress As Culprit: How Lawmakers Spurred On The Court’S Anti-Congress Crusade, Neal Devins

Duke Law Journal

No abstract provided.


Causes Of The Recent Turn In Constitutional Interpretation, Christopher H. Schroeder Oct 2001

Causes Of The Recent Turn In Constitutional Interpretation, Christopher H. Schroeder

Duke Law Journal

No abstract provided.


A Localist Critique Of The New Federalism, David J. Barron Oct 2001

A Localist Critique Of The New Federalism, David J. Barron

Duke Law Journal

No abstract provided.


The New Unwritten Constitution, Jed Rubenfeld Oct 2001

The New Unwritten Constitution, Jed Rubenfeld

Duke Law Journal

No abstract provided.


Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson Oct 2001

Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson

Duke Law Journal

No abstract provided.


The New Deal Constitution In Exile, William E. Forbath Oct 2001

The New Deal Constitution In Exile, William E. Forbath

Duke Law Journal

No abstract provided.


Taking What They Give Us: Explaining The Court’S Federalism Offensive, Keith E. Whittington Oct 2001

Taking What They Give Us: Explaining The Court’S Federalism Offensive, Keith E. Whittington

Duke Law Journal

No abstract provided.


The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer Oct 2001

The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.


The Very Faithless Elector, Vasan Kesavan Sep 2001

The Very Faithless Elector, Vasan Kesavan

West Virginia Law Review

No abstract provided.


The Louisiana Hydrocarbon Processing Tax, James C. Exnicios Aug 2001

The Louisiana Hydrocarbon Processing Tax, James C. Exnicios

Louisiana Law Review

No abstract provided.


The European Union And Legitimacy: Time For A European Constitution, Mark Killian Brewer Jul 2001

The European Union And Legitimacy: Time For A European Constitution, Mark Killian Brewer

Cornell International Law Journal

No abstract provided.


Mcqueen V. South Carolina Costal Council: Misinterpreting Lucas, Nikki Lee Jul 2001

Mcqueen V. South Carolina Costal Council: Misinterpreting Lucas, Nikki Lee

South Carolina Law Review

No abstract provided.


Policy Of Family Privacy: Uncovering The Bias In Favor Of Nuclear Families In American Consitutional Law And Policy Reform, The, Richard F. Storrow Jun 2001

Policy Of Family Privacy: Uncovering The Bias In Favor Of Nuclear Families In American Consitutional Law And Policy Reform, The, Richard F. Storrow

Missouri Law Review

This Article re-examines the landmark cases comprising the backbone of the family privacy doctrine and discloses, within the folds of their rhetoric of individual liberty, a policy of privacy promoting nuclear families. The re-examination of the landmark cases in Part II demonstrates that the policy of family privacy is to foster the creation and longevity of traditional, nuclear families. Part II illustrates how this policy has become more clearly articulated over time through the Court’s restrictive interpretation of fundamental rights and its recent decision in Troxel v. Granville, the much-awaited ruling on grandparental visitation rights. In Part III, this Article …


Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin Apr 2001

Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin

The Journal of Appellate Practice and Process

Judicial review allows the Supreme Court of the United States to perform revolutionary constitutional change. The United States Courts of Appeals could also be a vehicle for revolutionary constitutional adjudication.


Evaluating Congressional Constitutional Interpretation: Some Criteria And Two Informal Case Studies, Mark Tushnet Mar 2001

Evaluating Congressional Constitutional Interpretation: Some Criteria And Two Informal Case Studies, Mark Tushnet

Duke Law Journal

No abstract provided.


Institutional Design Of A Thayerian Congress, Elizabeth Garrett, Adrian Vermeule Mar 2001

Institutional Design Of A Thayerian Congress, Elizabeth Garrett, Adrian Vermeule

Duke Law Journal

No abstract provided.


Legislative Constitutional Interpretation, Neal Kumar Katyal Mar 2001

Legislative Constitutional Interpretation, Neal Kumar Katyal

Duke Law Journal

No abstract provided.


Unconstitutional Politics, Paul E. Mcgreal Jan 2001

Unconstitutional Politics, Paul E. Mcgreal

Notre Dame Law Review

No abstract provided.


A Case Of Unconstitutional Immigration: The Importation Of England's National Curriculum To The United States, Jaime S. Boutwell Jan 2001

A Case Of Unconstitutional Immigration: The Importation Of England's National Curriculum To The United States, Jaime S. Boutwell

Vanderbilt Journal of Transnational Law

The decline in the quality of the American educational system continues to spawn debate and criticism across the nation. Despite many suggestions and arguments on how to improve American schools, such as voucher systems, smaller class size, and higher teacher qualifications, the concern, while deeply felt, appears to be empty rhetoric. Teachers' low salaries, the disparity in funding among schools, and the lack of parent and community involvement demonstrate America's apathy towards education reform. To effectuate meaningful changes in education, American communities must reach consensus on education's purpose and importance.

The failure of schools requires America to take action. State …


Animal Experimentation And The First Amendment, Thomas G. Kelch Jan 2001

Animal Experimentation And The First Amendment, Thomas G. Kelch

Western New England Law Review

No abstract provided.


Are Congressional Committees Constitutional ?: Radical Textualism, Separation Of Powers, And The Enactment Process, John C. Roberts Jan 2001

Are Congressional Committees Constitutional ?: Radical Textualism, Separation Of Powers, And The Enactment Process, John C. Roberts

Case Western Reserve Law Review

No abstract provided.


The Child Pornography Prevention Act Of 1996 And The First Amendment: Virtual Antitheses, Sarah Sternberg Jan 2001

The Child Pornography Prevention Act Of 1996 And The First Amendment: Virtual Antitheses, Sarah Sternberg

Fordham Law Review

No abstract provided.


Further Thoughts, Erwin Chemerinsky Jan 2001

Further Thoughts, Erwin Chemerinsky

Oklahoma Law Review

No abstract provided.


Constitutional Law: Establishment Clause V. Free Expression: Adler V. Duval County School Board, Ron Shinn Jan 2001

Constitutional Law: Establishment Clause V. Free Expression: Adler V. Duval County School Board, Ron Shinn

Oklahoma Law Review

No abstract provided.


Constitutional Law: United States V. Morrison: The Gender Motivated Violence Act Takes A Beating By The Supreme Court's New Commerce Clause Jurisprudence, Jodi Fowler Jayne Jan 2001

Constitutional Law: United States V. Morrison: The Gender Motivated Violence Act Takes A Beating By The Supreme Court's New Commerce Clause Jurisprudence, Jodi Fowler Jayne

Oklahoma Law Review

No abstract provided.


Getting Beyond Formalism In Constitutional Law: Constitutional Theory Matters, Erwin Chemerinsky Jan 2001

Getting Beyond Formalism In Constitutional Law: Constitutional Theory Matters, Erwin Chemerinsky

Oklahoma Law Review

No abstract provided.


Replies To Professor Chemerinsky, David W. Levy, Harry F. Tepker Jr., Arthur G. Lefrancois, Kevin W. Saunders, Michael A. Scaperlanda, Katheleen R. Guzman, Lindsay G. Robertson Jan 2001

Replies To Professor Chemerinsky, David W. Levy, Harry F. Tepker Jr., Arthur G. Lefrancois, Kevin W. Saunders, Michael A. Scaperlanda, Katheleen R. Guzman, Lindsay G. Robertson

Oklahoma Law Review

No abstract provided.


Constitutional Law: United States V. Viefhaus And The Demise Of The Libertarian Philosophy In Free Speech Jurisprudence, Stephanie D. Wade Jan 2001

Constitutional Law: United States V. Viefhaus And The Demise Of The Libertarian Philosophy In Free Speech Jurisprudence, Stephanie D. Wade

Oklahoma Law Review

No abstract provided.