Law Commons^™

Federal Corporate Law, Federalism, And The Federal Courts, Gordon G. Young

Faculty Scholarship

No abstract provided.

World Jewry And The Ballot: The Defence Of Democracy At The World Zionist Federation And Its Potential Impact On Israel's Constitutional Law, Pnina Lahav

Faculty Scholarship

This note highlights an important phase in the history of Zionism describing and analysing a recent decision by the W.Z.F. Tribunal which held categorically and unequivocally that the W.Z.F. is a democratic movement, and as such is bound to follow the most basic rules of democracythe maintenance of equal, popular elections. It then discusses the significance of the potential impact of this decision on Israeli constitutional law. The Tribunal's firm holding that the process of an implicit constitutional amendment is illegitimate and invalid, may signal a shift in the Israeli position which has, so far recognised this technique as valid. …

Curbing The Dog Of War:The War Powers Resolution, Donald E. King, Arthur Leavens

Faculty Scholarship

This Article develops a theory of the constitutional allocation of the war power and applies it to the provisions of the War Powers Resolution. It examines the constitutional text and analysis of the respective powers of the President and Congres and suggests the division of all United States military activity into three categories: "peacetime deployments,"war threatening actions," and "acts of war." The Authors argue that military actions in the first category are controlled exclusively by the President, in the second controlled both by the President and by Congress through political interaction, and in the third are implemented by the President …

Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright

Faculty Scholarship

No abstract provided.

Processes Of Constitutional Decisionmaking: Cases And Materials, Henry Paul Monaghan

Faculty Scholarship

Authors of constitutional law casebooks traditionally have presented their subject through Supreme Court opinions arranged under the three general groupings of judicial review, distribution of powers (federalism and separation of powers), and individual liberties. This organizational consensus rests upon two widely held and deep beliefs: a basic course in constitutional law should (1) consist of a rigorous and sustained study of substantive doctrine and (2) be undertaken principally through a detailed examination of Supreme Court decisions, albeit supplemented in varying degrees by authors' questions and law review excerpts.

Paul Brest's Processes of Constitutional Decisionmaking poses a formidable challenge to this …

Section 1983 And Federalism, Richard Briffault

Faculty Scholarship

The relationship between the themes of federalism and individual rights is one that runs deep in American intellectual and social history. And it is one that has changed drastically with changes in the conditions and temperament of our society.

In the early days of the Republic, federalism was viewed as. a means of protecting individual rights from the tyranny of a unified central government. The Civil War brought with it a rejection of this guiding principle. State autonomy came to be seen not as a means to protect the individual from government abuse but rather as the primary source of …

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 …

Constitutional Limits On Aid To Sectarian Universities, Kent Greenawalt

Faculty Scholarship

Because private colleges and universities have more and more difficulty keeping their heads above water financially, the possibility of government support increasingly is becoming a question of survival. Almost certainly the level of public support for private academic institutions will rise in the future, and any doubts about eligibility for this support are of vital concern for affected universities. The major issue regarding eligibility has been the status of sectarian universities. Given the stringent constitutional limits on government aid to religion, can universities that are connected to churches or are otherwise sectarian receive public assistance?