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Articles 1 - 10 of 10
Full-Text Articles in Law
Zablocki V. Redhail, Lewis F. Powell Jr.
Zablocki V. Redhail, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Penn Central Transportation Company V. New York City, Lewis F. Powell Jr.
Penn Central Transportation Company V. New York City, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Board Of Curators Of The University Of Missouri V. Horowitz, Lewis F. Powell Jr.
Board Of Curators Of The University Of Missouri V. Horowitz, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Bell V. Ohio, Lewis F. Powell Jr.
Lockett V. Ohio, Lewis F. Powell Jr.
Foley V. Connelie, Lewis F. Powell Jr.
Government By Judiciary: The Transformation Of The Fourteenth Amendment, Gerard E. Lynch
Government By Judiciary: The Transformation Of The Fourteenth Amendment, Gerard E. Lynch
Faculty Scholarship
As its title suggests, Raoul Berger's Government by Judiciary states an extreme version of a familiar thesis: The Supreme Court has abandoned its proper role as interpreter of the Constitution and has usurped the power to act as a third legislative chamber. Like kadis under a tree, the Court creates law from mere personal predilections. The main instrument of this judicial coup has been the fourteenth amendment. Government by Judiciary is an historian's book, strongest when using the historian's tools to illuminate the past. Underlying this research, however, is a remarkably simplistic theory of constitutional interpretation, a theory that forms …
Of "Liberty" And "Property", Henry Paul Monaghan
Of "Liberty" And "Property", Henry Paul Monaghan
Faculty Scholarship
After a century of experience, we are now thoroughly accustomed to viewing the fourteenth amendment as imposing upon the experimentation otherwise permitted in our fifty separate "laboratories" limitations that do not materially differ from those fastened upon the national government by the bill of rights. The history of this evolution is far too well known to justify rehearsing here even in the barest outline. But it bears noting that few, if any, observers believe that the language of the amendment has played a significant role in this historical evolution. Here, as elsewhere, "[b]ehind the words ... are postulates which limit …
The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun
The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun
Publications
No abstract provided.
The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun
The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun
Publications
No abstract provided.