Digital Commons Network^™

Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein

Touro Law Review

No abstract provided.

Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali

Touro Law Review

No abstract provided.

Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker

West Virginia Law Review

No abstract provided.

Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey

West Virginia Law Review

No abstract provided.

Paradoxes Of Court Centered-Legal History: Some Values Of Historical Understanding For A Practical Legal Education, Edward A. Purcell Jr.

Journal of Legal Education

No abstract provided.

Mining For Gold: The Constitutional Court Of South Africa's Experience With Comparative Constitutional Law, Ursula Bentele

Georgia Journal of International & Comparative Law

No abstract provided.

Answering The Serious Constitutional Question: Ensuing Meaningful Review Of All Constitutional Claims, George Bach

West Virginia Law Review

No abstract provided.

The Prohibition Of Moonshine: A Consumer Protection Analysis Of Raw Milk In Interstate Commerce, Whitney R. Morgan

West Virginia Law Review

No abstract provided.

The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman

West Virginia Law Review

No abstract provided.

Failure Of Fault Under 1983: Municipal Liability For State Law Enforcement , Mark R. Brown

Cornell Law Review

No abstract provided.

The Hercules Of Helena: Justice James C. Nelson And The Jurisprudence Of Principle, Anthony Johnstone

Montana Law Review

The Hercules of Helena: Justice James C. Nelson and the Jurisprudence of Principle

Book Review Of Simpler: The Future Of Government, By Cass Sunstein, Bernard W. Bell

Journal of Legal Education

No abstract provided.

The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein

Touro Law Review

No abstract provided.

Polymorphous Public Law Litigation:The Forgotten History Of Nineteenthcentury Public Law Litigation, David Sloss

Washington and Lee Law Review

Recent debates about popular constitutionalism and judicial supremacy have focused on the question of who interprets the Constitution. This Article reframes the debate by asking what legal sources courts apply to protect individual rights from government infringement. Throughout the nineteenth century, federal courts applied a mix of international law, statutory, and common law to protect fundamental rights and restrain government action. This Article uncovers the forgotten history of nineteenth century public law litigation. Professors Post and Siegel have advocated “policentric constitutional interpretation,” wherein the Supreme Court shares authority for constitutional interpretation with other actors. By analogy, this Article introduces the …

Criminal Court, Kings County, People V. Artusa, Jessica Miller

Touro Law Review

No abstract provided.

Resolving The Alj Quandary, Kent Barnett

Journal of the National Association of Administrative Law Judiciary

Three competing constitutional and practical concerns surround federal administrative law judges (“ALJs”), who preside over all formal adjudications within the executive branch. First, if ALJs are “inferior Officers” (not mere employees), as five current Supreme Court Justices have suggested, the current method of selecting many ALJs likely violates the Appointments Clause. Second, a recent U.S. Supreme Court decision reserved the question whether the statutory protections that prevent ALJs from being fired at will impermissibly impinge upon the President’s supervisory power under Article II. Third, these same protections from removal may, on the other hand, be too limited to satisfy impartiality …

Final Decision Authority And The Central Panel Alj, Larry J. Craddock

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz

Pepperdine Law Review

No abstract provided.

Circumventing The Constitution For National Security: An Analysis Of The Evolution Of The Foreign Intelligence Exception To The Fourth Amendment’S Warrant Requirement, Sarah Fowler

University of Miami National Security & Armed Conflict Law Review

Though few are even aware of its existence, the foreign intelligence exception to the Fourth Amendment’s warrant requirement affects the lives of nearly every American. Recent leaks of top-­‐secret National Security Administration documents depict how the government has morphed the exception into a massive catch all that allows intelligence agencies to perform invasive searches without a warrant and in complete disregard of the Constitution. The foreign intelligence exception began as a narrow tool to shield sensitive national security investigations, but its application has reached an alarming breadth.

This note explores the creation and expansion of the foreign intelligence exception, tracing …

The Obligation Of Members Of Congress To Consider Constitutionality While Deliberating And Voting: The Deficiencies Of House Rule Xii And A Proposed Rule For The Senate, Russ Feingold

Vanderbilt Law Review

Most scholarly attention on constitutional interpretation is focused on the judicial branch and its role in our system of separation of powers. Nonetheless, constitutional interpretation should not take place solely in the courts. Rather, history suggests our Framers envisioned that members of Congress, as well as the President and the courts, would have an independent and important role to play in interpreting our Constitution. Yet this obligation has eroded such that House Speaker John Boehner, with the support of the Tea Party and his Republican colleagues, called for a "sea change" in the way the House of Representatives operates, with …

Natural Law And The Constitution Of The United States, Russell Kirk

Notre Dame Law Review

No abstract provided.

Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson

Washington and Lee Law Review

No abstract provided.

The Lawless Rule Of The Norm In The Government Religious Speech Cases, Kyle Langvardt

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Genetics, Race And Substantive Due Process, Christian B. Sundquist

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

How Roe V. Wade Was Written, David J. Garrow

Washington and Lee Law Review

No abstract provided.

If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith

Washington and Lee Law Review

No abstract provided.

Roe'S Effects On Family Law, Lynne Marie Kohm

Washington and Lee Law Review

No abstract provided.

Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun

Washington and Lee Law Review

No abstract provided.

Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler

Washington and Lee Law Review

No abstract provided.

Re-Reading Roe V. Wade, Richard S. Myers

Washington and Lee Law Review

No abstract provided.