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- The Bill of Rights: Creation and Reconstruction (12)
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- Michigan Law Review (23)
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Articles 31 - 60 of 214
Full-Text Articles in Law
United States V. Emerson: The Second Amendment As An Individual Right--Time To Settle The Issue, Scott A. Henderson
United States V. Emerson: The Second Amendment As An Individual Right--Time To Settle The Issue, Scott A. Henderson
West Virginia Law Review
No abstract provided.
Humenansky V. Regents Of The University Of Minnesota: Questioning Congressional Intent And Authority To Abrogate Eleventh Amendment Immunity With The Adea, Eric Hunter
BYU Law Review
No abstract provided.
The Tension Between A Godless Constitution And A Culture Of Belief In An Age Of Reason (Review Of The Godless Constitution, By Isaac Kramnick & R. Laurence Moore), Melissa A. Dalziel
The Tension Between A Godless Constitution And A Culture Of Belief In An Age Of Reason (Review Of The Godless Constitution, By Isaac Kramnick & R. Laurence Moore), Melissa A. Dalziel
BYU Law Review
No abstract provided.
How Much Fuel To Add To The Fire Of Genius? Some Questions About The Repair/Reconstruction Distinction In Patent Law , Arthur J. Gajarsa, Evelyn Mary Aswad, Joseph S. Cianfrani
How Much Fuel To Add To The Fire Of Genius? Some Questions About The Repair/Reconstruction Distinction In Patent Law , Arthur J. Gajarsa, Evelyn Mary Aswad, Joseph S. Cianfrani
American University Law Review
No abstract provided.
The Court Of Appeals For The Federal Circuit Must Evolve To Meet The Challenges Ahead , Paul R. Michel
The Court Of Appeals For The Federal Circuit Must Evolve To Meet The Challenges Ahead , Paul R. Michel
American University Law Review
No abstract provided.
Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry
Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry
Indiana Law Journal
No abstract provided.
It Is Not Right Under The Constitution To Stop And Frisk Minority People Because They Don't Look Right, L. Darnell Weeden
It Is Not Right Under The Constitution To Stop And Frisk Minority People Because They Don't Look Right, L. Darnell Weeden
University of Arkansas at Little Rock Law Review
No abstract provided.
Removal And Waiver Of The Eleventh Amendment, Leah M. Krider
Removal And Waiver Of The Eleventh Amendment, Leah M. Krider
Indiana Law Journal
No abstract provided.
Sovereignty's Alchemy: An Analysis Of Delgamuukw V. British Columbia, John Borrows
Sovereignty's Alchemy: An Analysis Of Delgamuukw V. British Columbia, John Borrows
Osgoode Hall Law Journal
In Delgamuukw v. British Columbia, the Supreme Court of Canada issued its long-awaited judgment on the status of Aboriginal title under section 35(1) of the Constitution Act, 1982. The decision was regarded as highly significant because it seemed to fundamentally alter the law of Aboriginal rights. This article suggests that while the case has somewhat positively changed the law to protect Aboriginal title, it has also simultaneously sustained a legal framework that undermines Aboriginal land rights. In particular, the decision's unreflective acceptance of Crown sovereignty places Aboriginal title in a subordinate position relative to other legal rights. This article examines …
The Charter Of Rights And Freedoms And The Rebalancing Of Liberal Constitutionalism In Canada, 1982-1997, James B. Kelly
The Charter Of Rights And Freedoms And The Rebalancing Of Liberal Constitutionalism In Canada, 1982-1997, James B. Kelly
Osgoode Hall Law Journal
This article presents a statistical analysis of the first 352 Charter of Rights and Freedoms decisions by the Supreme Court of Canada between 1982 and 1997. The author argues that the emerging approach to Charter review by the Supreme Court of Canada has led to a rebalancing of liberal constitutionalism and to a reconciliation between Charter rights and federalism. This stands in stark contrast to the highly activist approach to Charter review detected in studies by Morton, Russell, and Withey and, to a lesser extent, by Morton, Russell, and Riddell. Several factors illustrate the rebalancing of liberal constitutionalism in Canada. …
Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated , Paul R. Rice
American University Law Review
No abstract provided.
Article Iii And The Adequate And Independent State Grounds Doctrine , Cynthia L. Fountaine
Article Iii And The Adequate And Independent State Grounds Doctrine , Cynthia L. Fountaine
American University Law Review
No abstract provided.
The Origins Of Judicial Review Revisited, Or How The Marshall Court Made More Out Of Less, Gordon S. Wood
The Origins Of Judicial Review Revisited, Or How The Marshall Court Made More Out Of Less, Gordon S. Wood
Washington and Lee Law Review
No abstract provided.
The American Founders' Responsibility, Ralph Lerner
The American Founders' Responsibility, Ralph Lerner
Washington and Lee Law Review
No abstract provided.
The Strange History Of "All Men Are Created Equal", Pauline Maier
The Strange History Of "All Men Are Created Equal", Pauline Maier
Washington and Lee Law Review
No abstract provided.
Invading An Article Iii Court's Inherent Equitable Powers: Separation Of Powers And The Immediate Termination Provisions Of The Prison Litigation Reform Act, Theodore K. Cheng
Invading An Article Iii Court's Inherent Equitable Powers: Separation Of Powers And The Immediate Termination Provisions Of The Prison Litigation Reform Act, Theodore K. Cheng
Washington and Lee Law Review
No abstract provided.
Must Courts Raise The Eleventh Amendment Sua Sponte?: The Jurisdictional Difficulty Of State Sovereign Immunity, F. Ryan Keith
Must Courts Raise The Eleventh Amendment Sua Sponte?: The Jurisdictional Difficulty Of State Sovereign Immunity, F. Ryan Keith
Washington and Lee Law Review
No abstract provided.
Religious Freedom And Civic Responsibility, Amy Gutmann
Religious Freedom And Civic Responsibility, Amy Gutmann
Washington and Lee Law Review
No abstract provided.
Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer
Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer
Washington and Lee Law Review
No abstract provided.
Census Politics Revisited: What To Do When The Government Can't Count? , Benjamin J. Razi
Census Politics Revisited: What To Do When The Government Can't Count? , Benjamin J. Razi
American University Law Review
No abstract provided.
How Not To Imitate John Marshall, Lewis H. Larue
How Not To Imitate John Marshall, Lewis H. Larue
Washington and Lee Law Review
No abstract provided.
The Origins Of Judicial Review: A Historian's Explanation, Charles F. Hobson
The Origins Of Judicial Review: A Historian's Explanation, Charles F. Hobson
Washington and Lee Law Review
No abstract provided.
Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Michigan Law Review
The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …
The Standing Of The United States: How Criminal Prosecutions Show That Standing Doctrine Is Looking For Answers In All The Wrong Places, Edward A. Hartnett
The Standing Of The United States: How Criminal Prosecutions Show That Standing Doctrine Is Looking For Answers In All The Wrong Places, Edward A. Hartnett
Michigan Law Review
The Supreme Court insists that Article III of the Constitution requires a litigant to have standing in order for her request for judicial intervention to constitute a "case" or "controversy" within the jurisdiction of a federal court; it also insists that the "irreducible constitutional minimum" of standing requires (1) that the litigant suffer an "injury in fact"; (2) that the person against whom the judicial intervention is sought have caused the injury; and (3) that the requested judicial intervention redress the injury. The requisite injury in fact, the Court repeatedly declares, must be "personal," "concrete and particularized," and "actual or …
Ackermania: The Quest For A Common Law Of Higher Lawmaking, Michael J. Gerhardt
Ackermania: The Quest For A Common Law Of Higher Lawmaking, Michael J. Gerhardt
William & Mary Law Review
No abstract provided.
Monuments To The Past In A Leveling Wind, Benjamin Means
Monuments To The Past In A Leveling Wind, Benjamin Means
Michigan Law Review
Early in the twentieth century, the Emperor Franz Joseph sponsored a monument to Hungary's history - a Millennium Monument containing statues of the country's heroes, as well as statues of the proud sponsor and his family (p. 5). When the communists took over in 1919, the statues of Franz Joseph and the rest of the Hapsburgs were dragged out of the Millennium Monument and replaced with more politically correct statuary (p. 8). Counterrevolutionaries, though, retook the country and reinstated the Hapsburg Statues in the Millennium Monument - until a later regime once again reshuffled the millennial display (pp. 9-10). Professor …
Forgotten Constitutional History: The Production And Migration Of Meaning Within Constitutional Cultures, Gregory A. Mark
Forgotten Constitutional History: The Production And Migration Of Meaning Within Constitutional Cultures, Gregory A. Mark
Michigan Law Review
When was the last time you read a serious, recently published work of constitutional history that did not deal mainly with the work of the Supreme Court? When, even among those works, did the author look beyond the immediate litigants to give the reader a sense of an evolving constitutional culture - a culture in symbiosis with the larger political and social culture - its eddies and byways, as well as its mainstream? My strong hunch is that anyone who can triumphantly respond to the implicit condemnation of narrowness in these questions will do so in large measure having read …
Religious Liberty And Cultural And Ethnic Pluralism In The Colombian Constitution Of 1991, Viviane A. Morales Hoyos
Religious Liberty And Cultural And Ethnic Pluralism In The Colombian Constitution Of 1991, Viviane A. Morales Hoyos
BYU Law Review
No abstract provided.
Constitutional Perspective Of Church-State Relations In South Africa, Johan D. Van Der Vyver
Constitutional Perspective Of Church-State Relations In South Africa, Johan D. Van Der Vyver
BYU Law Review
No abstract provided.
Katzenbach V. Mcclung: The Abandonment Of Federalism In The Name Of Rational Basis, James M. Mcgoldrick
Katzenbach V. Mcclung: The Abandonment Of Federalism In The Name Of Rational Basis, James M. Mcgoldrick
Brigham Young University Journal of Public Law
No abstract provided.