Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

Selected Works

2003

Constitutional law

Articles 1 - 5 of 5

Full-Text Articles in Law

Commentary: Is The Rehnquist Court A. A Friend Of The States? B. A Friend Of The People? C. A Friend Of The Court? D. None Of The Above?, Harry L. Witte Jan 2003

Commentary: Is The Rehnquist Court A. A Friend Of The States? B. A Friend Of The People? C. A Friend Of The Court? D. None Of The Above?, Harry L. Witte

Harry L Witte

No abstract provided.

Go to article

Federalism, Fig Leaves, And The Games Lawyers Play, Robert C. Power Jan 2003

Federalism, Fig Leaves, And The Games Lawyers Play, Robert C. Power

Robert C Power

No abstract provided.

Go to article

Pay No Attention To That Man Behind The Robe: Judicial Elections, The First Amendment, And Judges As Politicians, Michael R. Dimino Dec 2002

Pay No Attention To That Man Behind The Robe: Judicial Elections, The First Amendment, And Judges As Politicians, Michael R. Dimino

Michael R Dimino

The question this Article seeks to answer is whether the First Amendment can maintain a distinction between the two types of races. Specifically, I discuss whether the governmental interests in maintaining an independent,
impartial judiciary and in protecting the appearance of the judiciary as independent and impartial can provide justification for the suppression of speech, where such suppression would be held impermissible in elections for
other offices. I conclude that it cannot. My recommendation, therefore, is to subject restrictions on legislative, executive, and judicial campaign speech to the same exacting scrutiny.

Go to article

The New Federalism: Discerning Truth In American Myths And Legend, Randy Lee Dec 2002

The New Federalism: Discerning Truth In American Myths And Legend, Randy Lee

Randy Lee

No abstract provided.

Go to article

State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan Dec 2002

State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan

Donald J. Kochan

In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …

Go to article