Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (99)
- First Amendment (15)
- Supreme Court of the United States (14)
- Civil Rights and Discrimination (9)
- Law and Politics (9)
-
- Antitrust and Trade Regulation (8)
- Criminal Law (8)
- Jurisprudence (8)
- Judges (7)
- Law and Society (7)
- Legal History (7)
- Courts (6)
- Fourteenth Amendment (6)
- President/Executive Department (6)
- Arts and Humanities (5)
- Criminal Procedure (4)
- Other Law (4)
- Religion (4)
- Religion Law (4)
- Christianity (3)
- Common Law (3)
- Election Law (3)
- Law and Race (3)
- Legal Writing and Research (3)
- Property Law and Real Estate (3)
- Social and Behavioral Sciences (3)
- State and Local Government Law (3)
- Administrative Law (2)
- Comparative and Foreign Law (2)
- Institution
-
- Selected Works (49)
- William & Mary Law School (16)
- The University of Akron (7)
- Barry University School of Law (5)
- Georgia State University College of Law (5)
-
- Georgetown University Law Center (3)
- Maurer School of Law: Indiana University (3)
- West Virginia University (3)
- Penn State Dickinson Law (2)
- Texas A&M University School of Law (2)
- University of South Carolina (2)
- Valparaiso University (2)
- Washington University in St. Louis (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Brigham Young University (1)
- Claremont Colleges (1)
- Florida A&M University College of Law (1)
- Hamline University (1)
- SJ Quinney College of Law, University of Utah (1)
- Schulich School of Law, Dalhousie University (1)
- University of Florida Levin College of Law (1)
- University of Missouri School of Law (1)
- University of Pittsburgh School of Law (1)
- University of the District of Columbia School of Law (1)
- Washington and Lee University School of Law (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication
-
- Neal E. Devins (15)
- William & Mary Law Review (9)
- Timothy Zick (7)
- Tara L. Grove (6)
- ConLawNOW (5)
-
- Georgia State University Law Review (5)
- Barry Law Review (4)
- Faculty Publications (4)
- Faculty Scholarship (4)
- Aaron-Andrew P. Bruhl (3)
- Alexander Tsesis (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Indiana Law Journal (3)
- William & Mary Bill of Rights Journal (3)
- Allison Orr Larsen (2)
- Con Law Center Articles and Publications (2)
- Dickinson Law Review (2017-Present) (2)
- Nathan B. Oman (2)
- Scholarship@WashULaw (2)
- South Carolina Law Review (2)
- Valparaiso University Law Review (2)
- Wayne R. Barnes (2)
- West Virginia Law Review (2)
- Alan E Garfield (1)
- Articles (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Book Chapters, & Popular Press (1)
- Brian Havel (1)
- Brigham Young University Prelaw Review (1)
- CMC Senior Theses (1)
- Publication Type
Articles 1 - 30 of 115
Full-Text Articles in Law
Lawful Searches Incident To Unlawful Arrests: A Reform Proposal, Mark A. Summers
Lawful Searches Incident To Unlawful Arrests: A Reform Proposal, Mark A. Summers
Faculty Scholarship
No abstract provided.
Why Robert Mueller’S Appointment As Special Counsel Was Unlawful, Gary S. Lawson, Steven Calabresi
Why Robert Mueller’S Appointment As Special Counsel Was Unlawful, Gary S. Lawson, Steven Calabresi
Faculty Scholarship
Since 1999, when the independent counsel provisions of the Ethics in Government Act expired, the Department of Justice (“DOJ”) has had in place regulations providing for the appointment of Special Counsels who possess “the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney.” Appointments under these regulations, such as the May 17,2017 appointment of Robert S. Mueller to investigate the Trump campaign, are patently unlawful, for three distinct reasons.
First, all federal offices must be “established by Law,” and there is no statute authorizing such an office in the DOJ. We conduct …
Nuclear Weapons, The War Powers, And The Constitution: Mutually Assured Destruction?, John M. Dipippa
Nuclear Weapons, The War Powers, And The Constitution: Mutually Assured Destruction?, John M. Dipippa
South Carolina Law Review
No abstract provided.
Murr V. Wisconsin And The Inherent Limits Of Regulatory Takings, Lynda L. Butler
Murr V. Wisconsin And The Inherent Limits Of Regulatory Takings, Lynda L. Butler
Faculty Publications
This article examines the confusion surrounding constitutional protection of property under the substantive due process and takings clauses, using Murr as a springboard for reconsidering the substantive due process/takings distinction and asking whether the regulatory takings doctrine should remain a viable constitutional concept despite its muddled principles. While powerful reasons support treating as compensable economic regulations that are functionally equivalent to physical takings, important differences between physical and regulatory takings need to be recognized as limits to the degree of equivalence possible and therefore to the regulatory takings doctrine. A look back at the evolutionary paths of substantive due process, …
The Post-Truth First Amendment, Sarah Haan
The Post-Truth First Amendment, Sarah Haan
Indiana Law Journal
Post-truthism is widely viewed as a political problem. This Article explores posttruthism as a constitutional law problem, and argues that, because post-truthism offers a normative framework for regulating information, we should take it seriously as a basis for law.
In its exploration of the influence of post-truth ideas on law, the Article focuses on the compelled speech doctrine. When the State mandates disclosure, it pits the interests of unwilling speakers against the interests of listeners. In the twenty-first century, speakers who are targeted by mandatory disclosure laws are often organizational actors with informational advantages, such as corporations. Listeners who stand …
'Great Variety Of Relevant Conditions, Political, Social And Economic': The Constitutionality Of Congressional Deadlines On Amendment Proposals Under Article V, Danaya C. Wright
'Great Variety Of Relevant Conditions, Political, Social And Economic': The Constitutionality Of Congressional Deadlines On Amendment Proposals Under Article V, Danaya C. Wright
UF Law Faculty Publications
Within a year or two, the thirty-eighth state is likely to ratify the Equal Rights Amendment (ERA), setting up an unprecedented constitutional challenge. The ERA was proposed with a seven-year deadline in the resolving clause, establishing the mode of ratification. That was a shift from earlier precedents in which a deadline had been placed in the text of the amendment proposal itself. Article V is annoyingly silent on the issue of congressional deadlines in amendment proposals, and the Supreme Court has never addressed the issue of a deadline that could void an otherwise properly ratified amendment. The practice of placing …
The Law: Defending Congress’S Interests In Court: How Lawmakers And The President Bargain Over Department Of Justice Representation, Neal Devins
Neal E. Devins
In understanding the willingness of government lawyers to defend the constitutionality of federal statutes, this article will explain why presidents rarely make use of their powers under the Constitution (allowing the president to refuse to defend laws he finds unconstitutional) and under federal law (placing the control of most government litigation with the attorney general). Attention will be paid both to how Department of Justice lawyers enhance their power by defending federal statutes and to how Congress, if need be, can pressure the department to bow to lawmaker preferences. In consequence, when the president refuses to defend a statute, courts …
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
Neal E. Devins
No abstract provided.
Tom Delay: Popular Constitutionalist?, Neal Devins
Tom Delay: Popular Constitutionalist?, Neal Devins
Neal E. Devins
No abstract provided.
The Interactive Constitution: An Essay On Clothing Emperors And Searching For Constitutional Truth, Neal Devins
The Interactive Constitution: An Essay On Clothing Emperors And Searching For Constitutional Truth, Neal Devins
Neal E. Devins
No abstract provided.
The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins
The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins
Neal E. Devins
No abstract provided.
The Indefensible Duty To Defend, Neal Devins, Saikrishna B. Prakash
The Indefensible Duty To Defend, Neal Devins, Saikrishna B. Prakash
Neal E. Devins
Modern Justice Department opinions insist that the executive branch must enforce and defend laws. In the first article to systematically examine Department of Justice refusals to defend, we make four points. First, the duties to enforce and defend lack any sound basis in the Constitution. Hence, while President Obama is right to refuse to defend the Defense of Marriage Act, he is wrong to continue to enforce a law he believes is unconstitutional. Second, rather than being grounded in the Constitution, the duties are better explained by the Department of Justice’s (DOJ) desire to enhance its independence and status. By …
The Constitution Between Friends, Neal Devins
The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins
The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins
Neal E. Devins
No abstract provided.
Same-Sex Marriage And The New Judicial Federalism: Why State Courts Should Not Consider Out-Of-State Backlash, Neal Devins
Same-Sex Marriage And The New Judicial Federalism: Why State Courts Should Not Consider Out-Of-State Backlash, Neal Devins
Neal E. Devins
No abstract provided.
Tiers Of Scrutiny In A Hierarchical Judiciary, Tara Leigh Grove
Tiers Of Scrutiny In A Hierarchical Judiciary, Tara Leigh Grove
Tara L. Grove
No abstract provided.
The Supreme Court's Legitimacy Dilemma, Tara Leigh Grove
The Supreme Court's Legitimacy Dilemma, Tara Leigh Grove
Tara L. Grove
No abstract provided.
Takings Clause, Tara Leigh Grove
Government Standing And The Fallacy Of Institutional Injury, Tara Leigh Grove
Government Standing And The Fallacy Of Institutional Injury, Tara Leigh Grove
Tara L. Grove
A new brand of plaintiff has come to federal court. In cases involving the Affordable Care Act, the Defense of Marriage Act, and partisan gerrymandering, government institutions have brought suit to redress “institutional injuries”—that is, claims of harm to their constitutional powers or duties. Jurists and scholars are increasingly enthusiastic about these lawsuits, arguing (for example) that the Senate should have standing to protect its power to ratify treaties; that the House of Representatives may sue to preserve its role in the appropriations process; and that the President may go to court to vindicate his Article II prerogatives. This Article …
Article Iii In The Political Branches, Tara Leigh Grove
Article Iii In The Political Branches, Tara Leigh Grove
Tara L. Grove
In many separation of powers debates, scholars excavate the practices and constitutional interpretations of Congress and the executive branch in order to discern the scope of various constitutional provisions. I argue that similar attention to political branch practice is warranted in the Article III context. That is true, in large part because much of the constitutional history of the federal courts has been written not by the federal judiciary, but by the legislative and executive branches. To illustrate this point, this Essay focuses on the Exceptions Clause of Article III. The Supreme Court has said little about the meaning of …
Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins
Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins
Tara L. Grove
Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least some circumstances. At the same time, in recent litigation over the Fast and Furious gun-running case, the Department of Justice asserted that the House could not go to court to enforce a subpoena against the executive. In this Article, we seek to challenge both claims. …
Trans-Border Exclusion And Execution, Timothy Zick
The Sanctity Of Polling Places, Timothy Zick
The First Amendment And The World, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Timothy Zick
No abstract provided.
Our Exceptional Constitution, Timothy Zick
Be It Resolved . . ., Timothy Zick
An Anthem For Ows?, Timothy Zick
Property's Constitution, James Y. Stern
Property's Constitution, James Y. Stern
James Y. Stern
Long-standing disagreements over the definition of property as a matter of legal theory present a special problem in constitutional law. The Due Process and Takings Clauses establish individual rights that can be asserted only if “property” is at stake. Yet the leading cases interpreting constitutional property doctrines have never managed to articulate a coherent general view of property, and in some instances have reached opposite conclusions about its meaning. Most notably, government benefits provided in the form of individual legal entitlements are considered “property” for purposes of due process but not takings doctrines, a conflict the cases acknowledge but do …
Washington Supreme Court Upholds State Anti-Spamming Law, Nathan B. Oman
Washington Supreme Court Upholds State Anti-Spamming Law, Nathan B. Oman
Nathan B. Oman
No abstract provided.