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Articles 1 - 6 of 6
Full-Text Articles in Law
First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael Dorf
First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael Dorf
Michael C. Dorf
No abstract provided.
Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael Dorf
Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael Dorf
Michael C. Dorf
No abstract provided.
A Comment On Text, Time And Audience Understanding In Constitutional Law, Michael Dorf
A Comment On Text, Time And Audience Understanding In Constitutional Law, Michael Dorf
Michael C. Dorf
No abstract provided.
Levels Of Generality In The Definition Of Rights, Laurence Tribe, Michael Dorf
Levels Of Generality In The Definition Of Rights, Laurence Tribe, Michael Dorf
Michael C. Dorf
This article focuses on one important aspect of the quest for constitutional meaning: how to determine whether a particular liberty-whether or not expressly enumerated in the Bill of Rights-is a "fundamental" right. Whether under the somewhat tarnished banner of substantive due process or under a different rubric, the designation of a right as fundamental requires that the state offer a compelling justification for limitations of that right. In addition, under the Equal Protection Clause of the Fourteenth Amendment, state-sanctioned inequalities that bear upon the exercise of a fundamental right will be upheld only if they serve a compelling governmental interest. …
Constitutional Existence Conditions And Judicial Review, Michael Dorf, Matthew Adler
Constitutional Existence Conditions And Judicial Review, Michael Dorf, Matthew Adler
Michael C. Dorf
Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable, many familiar norms of constitutional law state what we call "existence conditions" that are necessarily enforced by judicial actors charged with the responsibility of applying, and thus as a preliminary step, identifying, propositions of sub-constitutional law such as statutes. Article I, Section 7, which sets forth the procedures by which a bill becomes a law, is an example: a putative law that did not go through the Article I, Section 7 process and does not satisfy an alternative test for legal validity (such as the treaty-making provision …
Rights And Rules: An Overview, Matthew Adler, Michael Dorf
Rights And Rules: An Overview, Matthew Adler, Michael Dorf
Michael C. Dorf
Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. By the 1970s and 1980s, standing limits traced to Article III’s case-or-controversy language had replaced the political question doctrine as the favored justiciability device. Although both political question and standing doctrines remain tools in the Court’s arsenal of threshold decision making,3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship concerning the conventional …