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Articles 1 - 19 of 19

Full-Text Articles in Law

How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner Nov 2001

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 Oct 2001

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 Oct 2001

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 Oct 2001

A Localist Critique Of The New Federalism, David J. Barron

Duke Law Journal

No abstract provided.


The New Unwritten Constitution, Jed Rubenfeld Oct 2001

The New Unwritten Constitution, Jed Rubenfeld

Duke Law Journal

No abstract provided.


Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson Oct 2001

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 Oct 2001

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 Oct 2001

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 Mar 2001

Institutional Design Of A Thayerian Congress, Elizabeth Garrett, Adrian Vermeule

Duke Law Journal

No abstract provided.


Legislative Constitutional Interpretation, Neal Kumar Katyal Mar 2001

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 Mar 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

Getting Beyond Formalism In Constitutional Law: Constitutional Theory Matters, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Against Sovereign Immunity, Erwin Chemerinsky Jan 2001

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 Jan 2001

Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova

Faculty Scholarship

No abstract provided.