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Full-Text Articles in Law

Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai Jun 2002

Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai

American University Law Review

This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …


What Bush V. Gore Means For Elections In The 21st Century, Helen Norton Jan 2002

What Bush V. Gore Means For Elections In The 21st Century, Helen Norton

Publications

No abstract provided.


Constitutional Law: Mci Telecommunications Corp. V. Public Service Commission: The Tenth Circuit Rebuffs The Supreme Court Trend Supporting State Immunity, Stephanie Chapman Jan 2002

Constitutional Law: Mci Telecommunications Corp. V. Public Service Commission: The Tenth Circuit Rebuffs The Supreme Court Trend Supporting State Immunity, Stephanie Chapman

Oklahoma Law Review

No abstract provided.