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Full-Text Articles in Law
Can American Constitutional Law Be Postmodern?, Robert Justin Lipkin
Can American Constitutional Law Be Postmodern?, Robert Justin Lipkin
Robert Justin Lipkin
No abstract provided.
Resolving Native American Land Claims And The Eleventh Amendment: Changing The Balance Of Power, Katharine F. Nelson
Resolving Native American Land Claims And The Eleventh Amendment: Changing The Balance Of Power, Katharine F. Nelson
Katharine F. Nelson
No abstract provided.
Constricting The Law Of Freedom: Justice Miller, The Fourteenth Amendment, And The Slaughter-House Cases, Richard L. Aynes
Constricting The Law Of Freedom: Justice Miller, The Fourteenth Amendment, And The Slaughter-House Cases, Richard L. Aynes
Richard L. Aynes
The Slaughter-House Cases are simultaneously unremarkable and extraordinary. They are unremarkable because the matter at issue -- whether butchers can be required to ply their trade at a central, state-franchised facility -- has long since ceased to be a matter of concern. They are extraordinary because in spite of the fact that three of the Court's significant legal conclusions have been rejected and “everyone” agrees the Court incorrectly interpreted the Privileges or Immunities Clause, the conclusion that the Privileges or Immunities Clause of the Fourteenth Amendment had no meaningful place in our constitutional scheme continues to live on. Even those …
Affirmative Action And Judicial Incoherence, Robert C. Power
Affirmative Action And Judicial Incoherence, Robert C. Power
Robert C Power
No abstract provided.
The Quest For The Common Good: Neutrality And Deliberative Democracy In Sunstein's Conception Of American Constitutionalism, Robert Justin Lipkin
The Quest For The Common Good: Neutrality And Deliberative Democracy In Sunstein's Conception Of American Constitutionalism, Robert Justin Lipkin
Robert Justin Lipkin
No abstract provided.
Spelling Guilt Out Of A Record? Harmless-Error Review Of Conclusive Mandatory Presumptions And Elemental Misdescriptions, John M. Greabe
Spelling Guilt Out Of A Record? Harmless-Error Review Of Conclusive Mandatory Presumptions And Elemental Misdescriptions, John M. Greabe
John M Greabe
Part I of this Article summarizes the history of harmless-error review. Part II explains more fully the constitutional infirmities generated by conclusive mandatory presumptions and elemental misdescriptions, and demonstrates that the unique nature of these infirmities complicates the question of how courts should review them for harmlessness. It also examines the Supreme Court's attempts to answer the questions of whether, and how, conclusive mandatory presumptions and elemental misdescriptions should be reviewed for harmlessness. In so doing, it focuses particularly on how these attempts have been undermined by the Court's failure to take account of the structural rights undermined by these …
Twenty-Five Years After Goldberg V. Kelly: Traveling From The Right Spot On The Wrong Road To The Wrong Place, Randy Lee
Randy Lee
No abstract provided.
What Does Due Process Have To Do With Jurisdiction?, Jay Conison
What Does Due Process Have To Do With Jurisdiction?, Jay Conison
Jay Conison
No abstract provided.