Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Duquesne University (94)
- Duke Law (28)
- Roger Williams University (27)
- Columbia Law School (19)
- University of Georgia School of Law (14)
-
- William & Mary Law School (13)
- University of Colorado Law School (12)
- University of Nebraska - Lincoln (11)
- University of Pennsylvania Carey Law School (11)
- Schulich School of Law, Dalhousie University (9)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (9)
- Yeshiva University, Cardozo School of Law (9)
- Boston University School of Law (8)
- St. John's University School of Law (7)
- University at Buffalo School of Law (7)
- American University Washington College of Law (6)
- Georgetown University Law Center (6)
- Notre Dame Law School (6)
- Texas A&M University School of Law (6)
- University of New Hampshire (6)
- University of Richmond (6)
- Cleveland State University (5)
- Cornell University Law School (5)
- Florida State University College of Law (5)
- Osgoode Hall Law School of York University (5)
- Saint Louis University School of Law (5)
- University of Michigan Law School (5)
- University of Pittsburgh School of Law (5)
- Brooklyn Law School (4)
- Golden Gate University School of Law (4)
- Keyword
-
- Philosophy (93)
- Theology (93)
- American Religious Democracy (85)
- Hallowed Secularism (85)
- Politics (70)
-
- Law (50)
- Constitutional law (44)
- Supreme Court (25)
- First Amendment (22)
- Democracy (19)
- Human rights (18)
- Government (17)
- Constitutional Law (16)
- Constitution (15)
- Federalism (13)
- United States (13)
- History (12)
- United States Constitution (12)
- Religion (11)
- Free speech (10)
- Discrimination (9)
- Separation of powers (9)
- Civil rights (8)
- Constitutional (8)
- Equal protection (8)
- Fourth Amendment (8)
- Originalism (8)
- Death penalty (7)
- Elections (7)
- Fifth Amendment (7)
- Publication
-
- Hallowed Secularism (85)
- Faculty Scholarship (66)
- Faculty Publications (22)
- Scholarly Works (17)
- All Faculty Scholarship (16)
-
- Articles (16)
- Law Faculty Scholarship (15)
- Journal Articles (14)
- Publications (14)
- United States Department of Justice: Publications (11)
- Law School Blogs (9)
- Duke Journal of Constitutional Law & Public Policy Sidebar (8)
- Ledewitz Papers (8)
- Articles, Book Chapters, & Popular Press (7)
- Life of the Law School (1993- ) (7)
- Articles in Law Reviews & Other Academic Journals (6)
- Faculty Online Publications (6)
- Georgetown Law Faculty Publications and Other Works (6)
- Law Faculty Publications (6)
- Popular Media (6)
- Articles & Book Chapters (5)
- Cornell Law Faculty Publications (5)
- Law Faculty Articles and Essays (5)
- Scholarly Articles (5)
- Scholarly Publications (5)
- Faculty Articles (4)
- Nevada Supreme Court Summaries (4)
- Law Faculty Scholarly Articles (3)
- Articles by Maurer Faculty (2)
- Court Briefs (2)
Articles 421 - 441 of 441
Full-Text Articles in Law
A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker
A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker
Faculty Scholarship
The Supreme Court is set to decide a case requesting reconsideration of a doctrine that has long bedeviled constitutional litigants and commentators. The case is Knick v. Township of Scott, and the doctrine is the “ripeness” rule from Williamson County Regional Planning Commission v. Hamilton Bank that plaintiffs seeking to raise takings claims under the Fifth Amendment must pursue state-created remedies first — the so-called “compensation prong” (as distinguished from a separate “takings prong”). This Essay argues that to put the compensation prong in the best light possible, the Court should view the requirement as a “prudential” rule rather than …
Political Norms, Constitutional Conventions, And President Donald Trump, Neil S. Siegel
Political Norms, Constitutional Conventions, And President Donald Trump, Neil S. Siegel
Faculty Scholarship
This symposium Essay argues that what is most troubling about the conduct of President Trump during and since the 2016 U.S. presidential campaign is not any potential violations of the U.S. Constitution or federal law. There likely have been some such violations, and there may be more. But what is most troubling about President Trump is his disregard of political norms that had previously constrained presidential candidates and Presidents, and his flouting of nonlegal but obligatory “constitutional conventions” that had previously guided and disciplined occupants of the White House. These norms and conventions, although not “in” the Constitution, play a …
Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith
Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
Presidents have come to dominate the making, interpretation, and termination of international law for the United States. Often without specific congressional concurrence, and sometimes even when it is likely that Congress would disagree, the President has developed the authority to:
(a) make a vast array of international obligations for the United States, through both written agreements and the development of customary international law;
(b) make increasingly consequential political commitments for the United States on practically any topic;
(c) interpret these obligations and commitments; and
(d) terminate or withdraw from these obligations and commitments.
While others have examined pieces of this …
Whose Lands? Which Public?: The Shape Of Public-Lands Law And Trump's National Monument Proclamations, Jedediah Britton-Purdy
Whose Lands? Which Public?: The Shape Of Public-Lands Law And Trump's National Monument Proclamations, Jedediah Britton-Purdy
Faculty Scholarship
President Trump issued a proclamation in December 2017 purporting to remove two million acres in southern Utah from national monument status, radically shrinking the Grand-Staircase Escalante National Monument and splitting the Bears Ears National Monument into two residual protected areas. Whether the President has the power to revise or revoke existing monuments under the Antiquities Act, which creates the national monument system, is a new question of law for a 112-year-old statute that has been used by Presidents from Theodore Roosevelt to Barack Obama to protect roughly fifteen million acres of federal land and hundreds of millions of marine acres. …
Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel Charles, Luis Fuentes-Rohwer
Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.
The Rights Of Marriage: Obergefell, Din, And The Future Of Constitutional Family Law, Kerry Abrams
The Rights Of Marriage: Obergefell, Din, And The Future Of Constitutional Family Law, Kerry Abrams
Faculty Scholarship
In the summer of 2015 the United States Supreme Court handed down two groundbreaking constitutional family law decisions. One decision became famous overnight Obergefell v. Hodges declared that same-sex couples have the constitutional right to marry. The other, Kerry v. Din, went largely overlooked. That later case concerned not the right to marry but the rights of marriage. In particular, it asked whether a person has a constitutional liberty interest in living with his or her spouse. This case is suddenly of paramount importance: executive orders targeting particular groups of immigrants implicate directly this right to family reunification.
This Article …
Judicial Intervention As Judicial Restraint, Guy-Uriel Charles, Luis E. Fuentes-Rohwer
Judicial Intervention As Judicial Restraint, Guy-Uriel Charles, Luis E. Fuentes-Rohwer
Faculty Scholarship
This paper examines the Court's decision in Gil v. Whitford. It advances two claims. First, it provides a comprehensive account of the Court's skepticism of judicial supervision of democratic politics, an account that we call the narrative of nonintervention. It situates Gill within that account and argues that the Court's reluctance to intervene is a function of the Court's institutional calculus that it ought to protect its legitimacy and institutional capital when it engages in what look like political fights. Second, the paper provides an instrumentalist account for judicial intervention. It argues that the Court should intervene to prevent partisan …
Brief Of Professor Ernest A. Young As Amicus Curiae In Support Of Plaintiff Appellant Urging Reversal, Ernest A. Young
Brief Of Professor Ernest A. Young As Amicus Curiae In Support Of Plaintiff Appellant Urging Reversal, Ernest A. Young
Faculty Scholarship
No abstract provided.
State Public-Law Litigation In An Age Of Polarization, Margaret H. Lemos, Ernest A. Young
State Public-Law Litigation In An Age Of Polarization, Margaret H. Lemos, Ernest A. Young
Faculty Scholarship
Public-law litigation by state governments plays an increasingly prominent role in American governance. Although public lawsuits by state governments designed to challenge the validity or shape the content of national policy are not new, such suits have increased in number and salience over the last few decades — especially since the tobacco litigation of the late 1990s. Under the Obama and Trump Administrations, such suits have taken on a particularly partisan cast; “red” states have challenged the Affordable Care Act and President Obama’s immigration orders, for example, and “blue” states have challenged President Trump’s travel bans and attempts to roll …
Precedent And The Semblance Of Law, Stephen E. Sachs
Precedent And The Semblance Of Law, Stephen E. Sachs
Faculty Scholarship
Like its author, Randy Kozel's *Settled Versus Right* is insightful, thoughtful, and kind, deeply committed to improving the world that it sees. But despite its upbeat tone, the book paints a dark picture of current law and the current Court. It depicts a society whose judges are, in a positive sense, *lawless* -- not because they disregard the law, but because they are without law, because they have no shared law to guide them. What they do share is an institution, a Court, whose commands are generally accepted. So *Settled Versus Right* makes the best of what we've got, reorienting …
The Second Amendment As Positive Law, Joseph Blocher, Darrell A.H. Miller
The Second Amendment As Positive Law, Joseph Blocher, Darrell A.H. Miller
Faculty Scholarship
No abstract provided.
The United States As An Idea: Constitutional Reflections, H. Jefferson Powell
The United States As An Idea: Constitutional Reflections, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati
Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati
Faculty Scholarship
On June 11, 2017, Puerto Rico held a referendum on its legal status. Although turnout was low, 97% of ballots favored statehood, rather than independence or the status quo. The federal government, however, has financial and political reasons to resist this preference: Puerto Rico would bring with it a massive, unpayable debt, and the potential to swing the current balance of power in Congress.
The tension between Puerto Rico’s possible desire to pull closer to the mainland and Congress’s presumptive desire to hold it at arm’s length raises at least two important legal questions. Could Congress expel Puerto Rico by …
The Impact Of St Catherine's Milling, Karen Drake
The Impact Of St Catherine's Milling, Karen Drake
Articles & Book Chapters
St Catherine’s Milling may seem like a peculiar choice as one of the three constitutional cases that helped to define Canada as a nation, given that most of the legal principles affirmed by Lord Watson, writing for the Privy Council, have been overruled. This paper identifies the principles from St Catherine’s Milling which are still good law, and argues that the logic that underlies and shapes those principles is the logic of the doctrine of discovery and the principle of terra nullius.
Jurists have articulated different versions of the doctrine of discovery and disagreed about its precise requirements. At …
Federalism, The Environment And The Charter In Canada, Dayna Scott
Federalism, The Environment And The Charter In Canada, Dayna Scott
Articles & Book Chapters
This Chapter reviews the key jurisprudential developments in relation to the division of powers in Canada, exploring how the shared jurisdiction over the “environment” created by sections 91 and 92 of the Constitution has historically and continues to shape environmental law and policy. In addition to this federal-provincial struggle, the chapter considers the current trend towards local regulation of environmental matters according to the principle of ‘subsidiarity’, and the growing recognition of the ‘inherent jurisdiction’ of Indigenous peoples. The contemporary dynamics are explored through two critical policy case studies highlighting barriers to environmental justice: safe drinking water on reserves, and …
Interim Relief: National Report For Canada, Trevor C. W. Farrow, Jonathan Silver
Interim Relief: National Report For Canada, Trevor C. W. Farrow, Jonathan Silver
Articles & Book Chapters
Evolving litigation poses many challenges to litigants and their counsel before final adjudication. Canadian courts have fashioned various remedies to meet these challenges in order to preserve and maintain the court's authority to secure a just result.
The Scc's Dilemma: What To Do With Interveners?, Richard Haigh
The Scc's Dilemma: What To Do With Interveners?, Richard Haigh
Articles & Book Chapters
At a conference in 2016, Osgoode Hall Law School Dean Lorne Sossin made the following offhand comment: “I think it is possible to tell the most important Supreme Court of Canada cases by the number of interveners that were involved.” I assume what he meant--and granted, it was somewhat tongue in cheek--that the more interveners there are in a case, the more important the case.
The comment intrigued me. Is it true? It is such a simple proposition. Intuitively, it seems right: more parties would wish to involve themselves in those cases that have larger impacts, or that represent more …
How The War On Terror Is Transforming Private U.S. Law, Maryam Jamshidi
How The War On Terror Is Transforming Private U.S. Law, Maryam Jamshidi
UF Law Faculty Publications
In thinking about the War on Terror’s impact on U.S. law, what most likely comes to mind are its corrosive effects on public law, including criminal law, immigration, and constitutional law. What is less appreciated is whether and how the fight against terrorism has also impacted private law. As this Article demonstrates, the War on Terror has had a negative influence on private law, specifically on torts, where it has upended long-standing norms, much as it has done in the public law context.
Case law construing the private right of action under the Antiterrorism Act of 1992, 18 U.S.C. § …
Obama's Conversion On Same-Sex Marriage: The Social Foundations Of Individual Rights, Robert L. Tsai
Obama's Conversion On Same-Sex Marriage: The Social Foundations Of Individual Rights, Robert L. Tsai
Faculty Scholarship
This essay explores how presidents who wish to seize a leadership role over the development of rights must tend to the social foundations of those rights. Broad cultural changes alone do not guarantee success, nor do they dictate the substance of constitutional ideas. Rather, presidential aides must actively re-characterize the social conditions in which rights are made, disseminated, and enforced. An administration must articulate a strategically plausible theory of a particular right, ensure there is cultural and institutional support for that right, and work to minimize blowback. Executive branch officials must seek to transform and popularize legal concepts while working …
Appointments And Illegal Adjudication: The Aia Through A Constitutional Lens, Gary S. Lawson
Appointments And Illegal Adjudication: The Aia Through A Constitutional Lens, Gary S. Lawson
Faculty Scholarship
In 2011, Congress enacted the America Invents Act (“AIA”), largely in order to provide more effective mechanisms for invalidating, or cancelling, already-issued patents. The statute provides for inter partes review, in which patents, on the request of third parties, can be cancelled by an administrative body, the Patent Trial and Appeal Board (PTAB), subject to deferential judicial review. The constitutionality of this scheme is currently (as of January 9, 2018) before the Supreme Court in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, but the arguments in that case understandably focus on the consistency of inter partes review …
Corporate Personhood And The History Of The Rights Of Corporations: A Reflection On Adam Winkler’S Book We The Corporations: How American Businesses Won Their Civil Rights, Jack M. Beermann
Faculty Scholarship
Adam Winkler’s book We the Corporations: How American Businesses Won Their Civil Rights is an impressive work on several different levels. Because so much of the development of American constitutional law over the centuries has involved businesses, the book is a nearly comprehensive legal history of federal constitutional law. It certainly would be worthwhile reading for anyone interested in the constitutionality of economic regulation in the United States, spanning the controversies over the first and second Banks of the United States, through the Lochner era and present-day clashes over corporate campaign spending, and religiously-based exemptions to generally applicable laws such …