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Full-Text Articles in Law
How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner
How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner
Duke Law Journal
No abstract provided.
Congress As Culprit: How Lawmakers Spurred On The Court’S Anti-Congress Crusade, Neal Devins
Congress As Culprit: How Lawmakers Spurred On The Court’S Anti-Congress Crusade, Neal Devins
Duke Law Journal
No abstract provided.
Causes Of The Recent Turn In Constitutional Interpretation, Christopher H. Schroeder
Causes Of The Recent Turn In Constitutional Interpretation, Christopher H. Schroeder
Duke Law Journal
No abstract provided.
A Localist Critique Of The New Federalism, David J. Barron
A Localist Critique Of The New Federalism, David J. Barron
Duke Law Journal
No abstract provided.
The New Unwritten Constitution, Jed Rubenfeld
Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson
Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson
Duke Law Journal
No abstract provided.
The New Deal Constitution In Exile, William E. Forbath
The New Deal Constitution In Exile, William E. Forbath
Duke Law Journal
No abstract provided.
Taking What They Give Us: Explaining The Court’S Federalism Offensive, Keith E. Whittington
Taking What They Give Us: Explaining The Court’S Federalism Offensive, Keith E. Whittington
Duke Law Journal
No abstract provided.
Institutional Design Of A Thayerian Congress, Elizabeth Garrett, Adrian Vermeule
Institutional Design Of A Thayerian Congress, Elizabeth Garrett, Adrian Vermeule
Duke Law Journal
No abstract provided.
Legislative Constitutional Interpretation, Neal Kumar Katyal
Legislative Constitutional Interpretation, Neal Kumar Katyal
Duke Law Journal
No abstract provided.
Evaluating Congressional Constitutional Interpretation: Some Criteria And Two Informal Case Studies, Mark Tushnet
Evaluating Congressional Constitutional Interpretation: Some Criteria And Two Informal Case Studies, Mark Tushnet
Duke Law Journal
No abstract provided.
Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight
Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight
Faculty Scholarship
No abstract provided.
The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin
The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin
Faculty Scholarship
No abstract provided.
The Costs Of International Human Rights Litigation, Curtis A. Bradley
The Costs Of International Human Rights Litigation, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The Court Should Have Remained Silent: Why The Court Erred In Deciding Dickerson V. United States, Erwin Chemerinsky
The Court Should Have Remained Silent: Why The Court Erred In Deciding Dickerson V. United States, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky
Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Getting Beyond Formalism In Constitutional Law: Constitutional Theory Matters, Erwin Chemerinsky
Getting Beyond Formalism In Constitutional Law: Constitutional Theory Matters, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Against Sovereign Immunity, Erwin Chemerinsky
Against Sovereign Immunity, Erwin Chemerinsky
Faculty Scholarship
In recent years, the Supreme Court has substantially expanded the scope of state sovereign immunity. These decisions provide an important occasion for a reconsideration of the entire doctrine of sovereign immunity. This article argues that sovereign immunity is an anachronistic concept, derived from long discredited royal prerogatives, and that it is inconsistent with basic principles of the American legal system. Sovereign immunity is justified neither by history nor, more importantly, by functional considerations. Sovereign immunity is inconsistent with fundamental constitutional requirements such as the supremacy of the Constitution and due process of law. This article concludes that sovereign immunity, for …
Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova
Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova
Faculty Scholarship
No abstract provided.