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Full-Text Articles in Law
Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton
Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton
Publications
Left unfettered, the twenty-first-century speech environment threatens to undermine critical pieces of the democratic project. Speech operates today in ways unimaginable not only to the First Amendment’s eighteenth-century writers but also to its twentieth-century champions. Key among these changes is that speech is cheaper and more abundant than ever before, and can be exploited — by both government and powerful private actors alike — as a tool for controlling others’ speech and frustrating meaningful public discourse and democratic outcomes.
The Court’s longstanding First Amendment doctrine rests on a model of how speech works that is no longer accurate. This invites …
In Defense Of The Substance-Procedure Dichotomy, Jennifer S. Hendricks
In Defense Of The Substance-Procedure Dichotomy, Jennifer S. Hendricks
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John Hart Ely famously observed, "We were all brought up on sophisticated talk about the fluidity of the line between substance and procedure," but for most of Erie's history, the Supreme Court has answered the question "Does this state law govern in federal court? " with a "yes" or a "no." Beginning, however, with Gasperini v. Center for Humanities, and continuing with Semtek v. Lockheed Martin and the dissenting opinion in Shady Grove v. Allstate, a shifting coalition of justices has pursued a third path. Instead of declaring state law applicable or inapplicable, they have claimed for …
The Accounting: Habeas Corpus And Enemy Combatants, Emily Calhoun
The Accounting: Habeas Corpus And Enemy Combatants, Emily Calhoun
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The judiciary should impose a heavy burden of justification on the executive when a habeas petitioner challenges the accuracy of facts on which an enemy combatant designation rests. A heavy burden of justification will ensure that the essential institutional purposes of the writ--and legitimate, separated-powers government--are preserved, even during times of national exigency. The institutional purposes of the writ argue for robust judicial review rather than deference to the executive. Moreover, the procedural flexibility traditionally associated with the writ gives the judiciary the tools to ensure that a heavy burden of justification can be imposed.
The Incompatibility Principle, Harold H. Bruff
Nineteenth-Century Orthodoxy, Richard B. Collins
Judicial Supremacy And The Settlement Function, Robert F. Nagel
Judicial Supremacy And The Settlement Function, Robert F. Nagel
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No abstract provided.
Recent Developments, An Appeal By Any Other Name: Congress's Empty Victory Over Habeas Rights--Felker V. Turpin, 116 S. Ct. 2333 (1996), Scott Moss
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No abstract provided.
A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel
A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel
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No abstract provided.
Independent Counsel And The Constitution, Harold H. Bruff
Independent Counsel And The Constitution, Harold H. Bruff
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No abstract provided.
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
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No abstract provided.
The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel
The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel
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No abstract provided.
Controlling The Structural Injunction, Robert F. Nagel
Controlling The Structural Injunction, Robert F. Nagel
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No abstract provided.
Judicial Review And The President's Statutory Powers, Harold H. Bruff
Judicial Review And The President's Statutory Powers, Harold H. Bruff
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No abstract provided.
A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel
A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel
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No abstract provided.
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
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No abstract provided.
Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff
Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff
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No abstract provided.