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Articles 1 - 10 of 10
Full-Text Articles in Entire DC Network
Marbury And Judicial Deference: The Shadow Of Whittington V. Polk And The Maryland Judiciary Battle, Jed Handelsman Shugerman
Marbury And Judicial Deference: The Shadow Of Whittington V. Polk And The Maryland Judiciary Battle, Jed Handelsman Shugerman
Faculty Scholarship
On the 200th anniversary of Whittington and approaching the 200th anniversary of Marbury, this article revisits these two decisions and challenges legal scholars' assumptions that they were such strong precedents for judicial review.5 When one takes into account the broader contexts, both decisions were in fact judicial capitulations to aggressive legislatures and executives. The Maryland General Court asserted its judicial supremacy only in dicta, and the court failed to enforce judicial supremacy when it was legally justified. This article picks apart the court's reasoning step by step, using Whittington to illuminate Marbury and Marbury to illuminate Whittington. …
The Unhappy History Of Civil Rights Legislation, Fifty Years Later, Jack M. Beermann
The Unhappy History Of Civil Rights Legislation, Fifty Years Later, Jack M. Beermann
Faculty Scholarship
Seldom, if ever, have the power and the purposes of legislation been rendered so impotent.... All that is left today are afew scattered remnants of a once grandiose scheme to nationalize the fundamental rights of the individual.
These words were written fifty years ago by Eugene Gressman, now William Rand Kenan, Jr. Professor Emeritus, University of North Carolina School of Law, as a description of what the courts, primarily the Supreme Court of the United States, had done with the civil rights legislation passed by Congress in the wake of the Civil War. Professor Gressman's article, The Unhappy History of …
Lurking In The Shadows Of Judicial Process: Special Masters In The Supreme Court's Original Jurisdiction Cases, Anne-Marie Carstens
Lurking In The Shadows Of Judicial Process: Special Masters In The Supreme Court's Original Jurisdiction Cases, Anne-Marie Carstens
Faculty Scholarship
No abstract provided.
Litigating Time In America At The Turn Of The Twentieth Century, Jenni Parrish
Litigating Time In America At The Turn Of The Twentieth Century, Jenni Parrish
Faculty Scholarship
No abstract provided.
Constitutional Design: Proposals Versus Processes, Donald L. Horowitz
Constitutional Design: Proposals Versus Processes, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
The Force Of Ancient Manners: Federalist Politics And The Unitarian Controversy, Marc Arkin
The Force Of Ancient Manners: Federalist Politics And The Unitarian Controversy, Marc Arkin
Faculty Scholarship
No abstract provided.
Foreword: The Legal History Of The Great Sit-In Case Of Bell V. Maryland, William L. Reynolds
Foreword: The Legal History Of The Great Sit-In Case Of Bell V. Maryland, William L. Reynolds
Faculty Scholarship
Reviews the environment and history of the 1960 Baltimore sit-in case that eventually made its way to the United States Supreme Court.
Remembering Gary – And Tort Theory, George P. Fletcher
Remembering Gary – And Tort Theory, George P. Fletcher
Faculty Scholarship
Tort theory has had a brief but wondrous history. Los Angeles and the UCLA School of Law lie at the core of that history – much more, I am sure, than is likely to be remembered.
Something To Remember, Something To Celebrate: Women At Columbia Law School In, Barbara Aronstein Black
Something To Remember, Something To Celebrate: Women At Columbia Law School In, Barbara Aronstein Black
Faculty Scholarship
In this issue the Columbia Law Review joins in the celebration the 75th anniversary of the admission of women to the Columbia Law School. I am grateful to the editors of the Review for inviting me to contribute, and for the open-endedness of the invitation (or, in other words, what follows is my fault, not theirs). This has been an opportunity for me to do some research, some recalling and some reflection (and to tell a few stories). My research is incomplete, one might say sketchy, but I trust reliable as far as it goes. My recollections may well not …
The Contested Right To Vote, Richard Briffault
The Contested Right To Vote, Richard Briffault
Faculty Scholarship
For those who believe the United States is a representative democracy with a government elected by the people, the events of late 2000must have been more than a little disconcerting. In the election for our most important public office – our only truly national office – the candidate who received the most popular votes was declared the loser while his second place opponent, who had received some 540,000 fewer votes, was the winner. This result turned on the outcome in Florida, where approximately 150,000 ballots cast were found not to contain valid votes. Further, due to flaws in ballot design, …