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Full-Text Articles in Law
More Than Just A Private Affair: Is The Practice Of Incarcerating Alaska Prisoners In Private Out-Of-State Prisons Unconstitutional?, Shymeka L. Hunter
More Than Just A Private Affair: Is The Practice Of Incarcerating Alaska Prisoners In Private Out-Of-State Prisons Unconstitutional?, Shymeka L. Hunter
Alaska Law Review
No abstract provided.
Constitutional Approaches To Privatization: An Inquiry Into The Magnitude Of Neo-Liberal Constitutionalism, David Schneiderman
Constitutional Approaches To Privatization: An Inquiry Into The Magnitude Of Neo-Liberal Constitutionalism, David Schneiderman
Law and Contemporary Problems
Schneiderman discusses whether constitutional rules in the state capitalist mode that redistribute property ownership more widely can survive the pressures generated by the neo-liberal model of constitutionalism. Schneiderman considers privatization programs that concern the divestiture of state assets, or denationalization through the sale of shares or assets to employees and employee associations.
Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel
Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel
Law and Contemporary Problems
Nagel responds to Alan J. Meese's comments on Pres Clinton's actions following the Supreme Court's decision in "Regents of the University of California v. Bakke." While the Clinton Administration's strategy does not produce the best possible form of constitutional dialogue, it does produce another recognizable form of dialogue, one full of confusion and hypocrisy but a surprisingly central and entrenched part of the practice of judicial review itself.
An Economic Analysis Of The Religious Freedom Restoration Act, Travis C. Wheeler
An Economic Analysis Of The Religious Freedom Restoration Act, Travis C. Wheeler
Law and Contemporary Problems
As an attempt by Congress to overturn a Supreme Court ruling by statute, the Religious Freedom Restoration Act (RFRA), although passed by a congressional landslide, was one of the most controversial pieces of legislation passed during Bill Clinton's presidency. Wheeler examines RFRA from a law and economics perspective to show that, as a method by which Congress attempted to impose its definition of a constitutional right upon the courts, the Act was inefficient.
The Clinton Administration And War Powers, Lori Fisler Damrosch
The Clinton Administration And War Powers, Lori Fisler Damrosch
Law and Contemporary Problems
Damrosch compares the record of the Clinton Administration with those of its predecessors, after first briefly locating US war powers practice in the context of crossnational comparisons. Pres Clinton has been more respectful of Congress's constitutional role than either Pres Reagan or Pres Bush, yet less successful in persuading Congress to exercise the responsibility that goes along with the claim of constitutional power.
The Scope Of “High Crimes And Misdemeanors” After The Impeachment Of President Clinton, Neil Kinkopf
The Scope Of “High Crimes And Misdemeanors” After The Impeachment Of President Clinton, Neil Kinkopf
Law and Contemporary Problems
Kinkopf believes that the House of Representatives' decision to impeach Pres Clinton on the charge that he committed perjury before the grand jury, a charge that did not involve official conduct, was proper. Even though Pres Clinton's misconduct was not a proper basis for impeachment or conviction, his case demonstrates that if would be terribly unwise to understand official misconduct to be a necessary element of a high crime or misdemeanor.
The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt
The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt
Law and Contemporary Problems
Gerhardt offers a general explanation of the federal impeachment process and relates it to the impeachment of Pres Bill Clinton. The first feature of the constitutional allocation of power for impeachment and removal is that it facilitates and rewards a pragmatic or flexible analysis and impedes a formalistic analysis of the fundamental question at the core of Pres Clinton's impeachment proceedings--whether his conduct constituted a "high Crime or Misdemeanor."
Foreword, Neil Kinkopf
The President And Choices Not To Enforce, Peter L. Strauss
The President And Choices Not To Enforce, Peter L. Strauss
Law and Contemporary Problems
Strauss explores the context of executive non-enforcement in a broad way that may help in understanding situations in which the President believes a particular statute is inconsistent with one or another provision of the Constitution and, therefore, should not be enforced.
Writing Off Race, Girardeau A. Spann
Writing Off Race, Girardeau A. Spann
Law and Contemporary Problems
Because the US Constitution says absolutely nothing about affirmative action, the Supreme Court should have absolutely nothing to say about it either. Rather, the political branches should set the nation's affirmative action policy, and they should do so with political leadership provided by the President. Spann considers Pres Clinton's record on affirmative action.
Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen
Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen
Law and Contemporary Problems
Johnsen considers the legitimacy of what he terms "presidential non-enforcement," that is, whether and when the President may disobey an unambiguous congressional command enacted in conformity with the constitutionally prescribed lawmaking process on the ground that the President believes the law is unconstitutional.
Constitutionalism In The Shadow Of Doctrine: The President’S Non-Enforcement Power, David Barron
Constitutionalism In The Shadow Of Doctrine: The President’S Non-Enforcement Power, David Barron
Law and Contemporary Problems
Barron challenges the court-centered approach to the scope of the President's non-enforcement power. He contends that a President, notwithstanding that he considers himself bound by the Supreme Court's constitutional interpretations, should resolve three distinct questions in determining whether he may faithfully decline to enforce a statute by virtue of its unconstitutionality.
Impeachment As Congressional Constitutional Interpretation, Neal Kumar Katyal
Impeachment As Congressional Constitutional Interpretation, Neal Kumar Katyal
Law and Contemporary Problems
Katyal argues that one can adhere to originalism in the context of judicial interpretation and, nevertheless, believe in a broader style of interpretation for the legislature. He illustrates the point with three examples--the roles of history, precedent, and moral philosophy--in discussing the case of Pres Bill Clinton's impeachment.
Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky
Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Proactive Legislation And The First Amendment, Stuart M. Benjamin
Proactive Legislation And The First Amendment, Stuart M. Benjamin
Faculty Scholarship
In this Article, I contend that First Amendment principles dictate a presumption against legislation that is based on predictive harms, but that the presumption will be overcome if a court independently determines that there is a likelihood of irreparable harm. Part I briefly discusses the level of harm required to justify legislation that infringes upon First Amendment rights. Part II turns to proactive legislation, giving some examples of predictive harms. Part III describes the Supreme Court's responses to legislative findings in the First Amendment context, and Part IV discusses the difference between predictive harms and other legislative findings. Part V …
Our Imperial First Amendment, Paul D. Carrington
Our Imperial First Amendment, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Constitutional Design: An Oxymoron?, Donald L. Horowitz
Constitutional Design: An Oxymoron?, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
Customary International Law And Private Rights Of Action, Curtis A. Bradley
Customary International Law And Private Rights Of Action, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith
Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
No abstract provided.