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Articles 1 - 30 of 39
Full-Text Articles in Law
Original Intent And Article Iii, Michael L. Wells, Edward J. Larson
Original Intent And Article Iii, Michael L. Wells, Edward J. Larson
Scholarly Works
Article III of the United States Constitution sets limits on the ability of the legislature to expand or contract the jurisdiction of the federal courts. The Supreme Court has generally held that Article III's restraints on the power of the legislature to restrict the jurisdiction of the federal courts are few and extremely permissive. Many scholars, however, argue that Article III imposes some strong limitations on the legislature's ability to define federal jurisdiction. Strangely, both sides of the debate rely on originalist arguments. This Article argues that reliance on the Framers' intent to resolve issues of federal courts law is …
In Search Of The Post-Positivist Jury, Mark Cammack
In Search Of The Post-Positivist Jury, Mark Cammack
Indiana Law Journal
No abstract provided.
Is Moral Relativism A Constitutional Command?, Steven G. Gey
Is Moral Relativism A Constitutional Command?, Steven G. Gey
Indiana Law Journal
No abstract provided.
The Supreme Court's Land Use Decisions (Symposium - The Supreme Court And Local Government Law, 1993-94 Term), Leon D. Lazer
The Supreme Court's Land Use Decisions (Symposium - The Supreme Court And Local Government Law, 1993-94 Term), Leon D. Lazer
Scholarly Works
No abstract provided.
Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius
Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius
All Faculty Scholarship
This Article shall examine the characteristics of the current analytical framework by first examining some harmful effects resulting from the prioritization of fairness: excessive generalization, formalism and superficiality, and materialism. The Article will then examine in detail the Supreme Court's resolution of modern affirmative action issues. The Court has generated confusion and discord by applying simplistic concepts to complex problems and by adhering to the primacy of fairness in a context in which all interested parties claim that fairness favors their result. Finally, this Article will critique the Court's inability to provide a consistent doctrinal basis for discussing affirmative action …
International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli
International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli
Scholarly Works
No abstract provided.
The Supreme Court And Local Government Law 1993-94 Term: Introduction, Howard A. Glickstein
The Supreme Court And Local Government Law 1993-94 Term: Introduction, Howard A. Glickstein
Touro Law Review
No abstract provided.
Section 1983 Litigation, Martin A. Schwartz
Civil Service Appointments And Promotions
Ineffective Assistance Of Counsel
Twins Separated At Birth: A Comparative History Of The Civil And Criminal Arising Under Jurisdiction Of The Federal Courts And Some Proposal For Change, Donald H. Zeigler
Twins Separated At Birth: A Comparative History Of The Civil And Criminal Arising Under Jurisdiction Of The Federal Courts And Some Proposal For Change, Donald H. Zeigler
Articles & Chapters
No abstract provided.