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Full-Text Articles in Law
On The Warren Court And Judicial Review, Jesse H. Choper
On The Warren Court And Judicial Review, Jesse H. Choper
Jesse H Choper
No abstract provided.
Congressional Power To Expand Judicial Definitions Of The Substantive Terms Of The Civil War Amendments, Jesse H. Choper
Congressional Power To Expand Judicial Definitions Of The Substantive Terms Of The Civil War Amendments, Jesse H. Choper
Jesse H Choper
No abstract provided.
Can The Government Prohibit Gay Marriage, Jesse H. Choper, John C. Yoo
Can The Government Prohibit Gay Marriage, Jesse H. Choper, John C. Yoo
Jesse H Choper
No abstract provided.
Observations On The Guarantee Clause - As Thoughtfully Addressed By Justice Linde And Professor Eule, Jesse H. Choper
Observations On The Guarantee Clause - As Thoughtfully Addressed By Justice Linde And Professor Eule, Jesse H. Choper
Jesse H Choper
No abstract provided.
Thoughts On The Federalist Vision Of Representative Democracy As Viewed At The End Of The Twentieth Century: How Have We Used The Legacy Of The Federalist Papers, Jesse H. Choper
Jesse H Choper
Focuses on the concept of representative democracy in the document known as `The Federalist Papers,' by James Madison, Alexander Hamilton, and John Jay. Problems of representative democracy; Quality of representative democracy; Inability of political institutions of government to respond.
The Constitutionality Of Affirmative Action: Views From The Supreme Court, Jesse H. Choper
The Constitutionality Of Affirmative Action: Views From The Supreme Court, Jesse H. Choper
Jesse H Choper
No abstract provided.
The Religion Clauses Of The First Amendment: Reconciling The Conflict, Jesse H. Choper
The Religion Clauses Of The First Amendment: Reconciling The Conflict, Jesse H. Choper
Jesse H Choper
No abstract provided.
The Unpredictability Of The Supreme Court's Doctrine In Establishment Clause Cases, Jesse H. Choper
The Unpredictability Of The Supreme Court's Doctrine In Establishment Clause Cases, Jesse H. Choper
Jesse H Choper
No abstract provided.
The Scope Of The Commerce Clause After Morrison, Jesse H. Choper, John C. Yoo
The Scope Of The Commerce Clause After Morrison, Jesse H. Choper, John C. Yoo
Jesse H Choper
No abstract provided.
William B. Lockhart And Bernard E. Witkin, Jesse H. Choper
William B. Lockhart And Bernard E. Witkin, Jesse H. Choper
Jesse H Choper
No abstract provided.
Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo
Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo
Jesse H Choper
No abstract provided.
Why The Supreme Court Should Not Have Decided The Presidential Election Of 2000, Jesse H. Choper
Why The Supreme Court Should Not Have Decided The Presidential Election Of 2000, Jesse H. Choper
Jesse H Choper
This short article briefly discusses the two substantive issues in Bush v. Gore. Its major thesis, however, is that the proper role of judicial review dictates the conclusion that the Court's adjudication was unnecessary and unwise, creating a popular perception of partisanship by the Judicial Branch that carries the threat of diminishing the Court's public trust and confidence and endangering its overall effectiveness. The process for contesting the vote was working, to the extent litigation 'works.' The problem was not with the process, imperfect as it was, but that the election produced a statistical dead heat. Although the litigation in …
Did Last Term Reveal A Revolutionary States' Rights Movement Within The Supreme Court, Jesse H. Choper
Did Last Term Reveal A Revolutionary States' Rights Movement Within The Supreme Court, Jesse H. Choper
Jesse H Choper
Discusses the implications of the ruling in the Supreme Court case `United States v. Alfonso Lopez Jr.' Whether the judiciary can effectively police federalism disputes; Comments on Professor Robert Nagel's analysis of the case; Discussion of similar cases challenging the federal government.
Tributes To Arthur H. Sherry, Jesse Choper
The Rise And Decline Of The Constitutional Protection Of Religious Liberty, Jesse H. Choper
The Rise And Decline Of The Constitutional Protection Of Religious Liberty, Jesse H. Choper
Jesse H Choper
No abstract provided.
Supreme Court And The Political Branches: Democratic Theory And Practice, Jesse H. Choper
Supreme Court And The Political Branches: Democratic Theory And Practice, Jesse H. Choper
Jesse H Choper
No abstract provided.
Remarks On Justice Harlan And The Bill Of Rights, Jesse H. Choper
Remarks On Justice Harlan And The Bill Of Rights, Jesse H. Choper
Jesse H Choper
No abstract provided.
The Burger Court: Misperceptions Regarding Judicial Restraint And Insensitivity To Individual Rights, Jesse H. Choper
The Burger Court: Misperceptions Regarding Judicial Restraint And Insensitivity To Individual Rights, Jesse H. Choper
Jesse H Choper
No abstract provided.
State Taxation And The Dormant Commerce Clause: The Object-Measure Approach, Jesse H. Choper, Tung Yin
State Taxation And The Dormant Commerce Clause: The Object-Measure Approach, Jesse H. Choper, Tung Yin
Jesse H Choper
Develops a workable approach for the application of judicial reviews under the Dormant Commerce Clause in the United States. History of the Supreme Court's review of state taxation that affects interstate commerce; Analysis on the problems of Complete Auto test; Application of the object-measure approach without radical modification of Supreme Court doctrine.
The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper
The Free Exercise Clause: A Structural Overview And An Appraisal Of Recent Developments, Jesse H. Choper
Jesse H Choper
No abstract provided.
The Endorsement Test: Its Status And Desirability, Jesse H. Choper
The Endorsement Test: Its Status And Desirability, Jesse H. Choper
Jesse H Choper
No abstract provided.
What Are The Limitations On Freedom Of The Press, Daniel Schorr, Jesse H. Choper, Sanford H. Kadish
What Are The Limitations On Freedom Of The Press, Daniel Schorr, Jesse H. Choper, Sanford H. Kadish
Jesse H Choper
No abstract provided.
Continued Uncertainty As To The Constitutionality Of Remedial Racial Classifications: Identifying The Pieces Of The Puzzle, Jesse H. Choper
Continued Uncertainty As To The Constitutionality Of Remedial Racial Classifications: Identifying The Pieces Of The Puzzle, Jesse H. Choper
Jesse H Choper
An examination of eight U.S. Supreme Court affirmative action decisions; symposium presentation; with two comments.
Comments, Jesse Choper, Kenneth L. Karst
Separation Of Church And State: New Directions By The New Supreme Court, Jesse H. Choper
Separation Of Church And State: New Directions By The New Supreme Court, Jesse H. Choper
Jesse H Choper
Focuses on the treatment by the US Supreme Court of church-state issues. Four major areas of constitutional adjudication under the religion clauses; Religion in public schools; Government acknowledgment of religion.
In Favor Of Restoring The Sherbert Rule - With Qualifications, Jesse H. Choper
In Favor Of Restoring The Sherbert Rule - With Qualifications, Jesse H. Choper
Jesse H Choper
No abstract provided.
Religion In The Public Schools: A Proposed Constitutional Standard, Jesse H. Choper
Religion In The Public Schools: A Proposed Constitutional Standard, Jesse H. Choper
Jesse H Choper
Religion in the public schools: a proposed constitutional standard; proposes that, for purposes of testing the constitutional validity of religious activity in the public schools, the first amendment's establishment clause is violated whenever the state engages in "solely religious activity that is likely to result in compromising the student's religious or conscientious beliefs or influencing the student's freedom of religious or conscientious choice."
Yale Kamisar: Collaborator, Colleague, And Friend, Jesse H. Choper
Yale Kamisar: Collaborator, Colleague, And Friend, Jesse H. Choper
Jesse H Choper
No abstract provided.
Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo
Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo
Jesse H Choper
The article discusses several alternatives to causes of action barred by the Eleventh Amendment in the U.S. It discusses the Eleventh Amendment cases and the academic commentary they have generated. Moreover, it explains the internal constraints on state sovereign immunity such as suits against state officers in their private capacities. In addition to internal constraints, external limitations on sovereign immunity are also addressed.
Religion And Race Under The Constitution: Similarities And Differences, Jesse H. Choper
Religion And Race Under The Constitution: Similarities And Differences, Jesse H. Choper
Jesse H Choper
No abstract provided.