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Aals Constitutional Law Panel On Brown, Another Council Of Nicaea?, Kelly A. Macgrady, John W. Van Doren
Aals Constitutional Law Panel On Brown, Another Council Of Nicaea?, Kelly A. Macgrady, John W. Van Doren
Akron Law Review
When considering the product of the AALS Constitutional Law Panel, entitled "What Brown Should Have Said," held in January 2000, in Washington, D.C., we have experienced considerable disorientation. We therefore ask the question asked by Lucretia in Machievelli's play, The Mandragola, "Do you mean it or are you laughing at me?" We fear that the Panelists may be laughing at us. Because, in short, their writings criticize the formalism that they use in the panel court opinions. In this article, we pick four of the Panelists, more or less at random, and confront the question of whether their writings before …
Should The Dead Bind The Living? Perhaps Ask The People: An Examination Of The Debates Over Constitutional Convention Referendums In State Constitutional Conventions, John J. Liolos
Akron Law Review
Should the United States of America have a constitutional convention? Thomas Jefferson would maintain that one is long overdue; James Madison would argue the contrary. These two luminaries of American constitutional thought took sides in a stirring debate on a fundamental question in constitutionalism: should the dead bind the living? Jefferson advocated for recurrent recourse to the people by holding constitutional conventions in each generation. James Madison disagreed, arguing that stability and constitutional veneration, among other factors, were paramount. Most recall Madison as having won the debate. But at least 18 states throughout American history have adopted a Jeffersonian model …
The Nineteenth Amendment And The U.S. "Women's Emancipation Policy" In Post-World War Ii Occupied Japan: Going Beyond Suffrage, Cornelia Weiss
The Nineteenth Amendment And The U.S. "Women's Emancipation Policy" In Post-World War Ii Occupied Japan: Going Beyond Suffrage, Cornelia Weiss
Akron Law Review
This paper explores the influence of the Nineteenth Amendment on U.S. military occupation policy in Post-World War II Japan. A mere 25 years after the ratification of the Nineteenth Amendment, actions taken during the military occupation did not stop at suffrage for Japanese women. Actions included a constitution that provided for women’s “equality” (what, even 100 years after the ratification of the Nineteenth Amendment, is still absent in the U.S. constitution). In addition to addressing women’s suffrage and constitutional equality, this paper examines the successes and failures of the Occupation to eradicate the legal enslavement of women, to eliminate the …
Originalism And The Criminal Law: Vindicating Justice Scalia's Jurisprudence - And The Constitution, Adam Lamparello, Charles E. Maclean
Originalism And The Criminal Law: Vindicating Justice Scalia's Jurisprudence - And The Constitution, Adam Lamparello, Charles E. Maclean
Akron Law Review
Justice Scalia was not perfect—no one is—but he was not a dishonest jurist. As one commentator explains, “[i]f Scalia was a champion of those rights [for criminal defendants, arrestees], he was an accidental champion, a jurist with a deeper objective—namely, fidelity to what he dubbed the ‘original meaning’ reflected in the text of the Constitution—that happened to intersect with the interests of the accused at some points in the constellation of criminal law and procedure.” Indeed, Justice Scalia is more easily remembered not as a champion of the little guy, the voiceless, and the downtrodden, but rather, as Texas Gov. …