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- Constitutional Law (14)
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Articles 31 - 45 of 45
Full-Text Articles in Law
The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin
The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin
Con Law Center Articles and Publications
The Supreme Court has returned to the issue of whether a “reasonableness” analysis or an “interstate federalism” focus underlies personal jurisdiction doctrine. It has, thus, renewed the debate regarding whether the so-called “forward-looking” or “backward-looking” face of International Shoe should control.
This Article explores two 2014 cases in which the Court took strides toward implementing a liberty interest, or reasonableness, view of personal jurisdiction. In the first case, Daimler AG v. Bauman, the Court introduced a new, narrower approach to general jurisdiction. Under Bauman’s more constrained analysis, general jurisdiction will be available primarily in an individual’s domicile and …
Book Review, Barbara Babcock's Woman Lawyer: The Trials Of Clara Foltz, Tracy Thomas
Book Review, Barbara Babcock's Woman Lawyer: The Trials Of Clara Foltz, Tracy Thomas
Con Law Center Articles and Publications
No abstract provided.
Forward: "War On Women" In Women And The Law, Tracy Thomas
Forward: "War On Women" In Women And The Law, Tracy Thomas
Con Law Center Articles and Publications
This foreword to Women and the Law highlights the dramatic attacks on women's rights over the past year. It summarizes the articles contained in this annual selection of leading scholarship in the field of women's rights. This "greatest hits" collection pulls together academic research of potential interest to litigators and policymakers on issues of reproductive rights, feminism and the family, violence against women, employment, women's healthcare, and feminist legal theory.
Switching To Prophylactic Injunctions, Tracy Thomas
Switching To Prophylactic Injunctions, Tracy Thomas
Con Law Center Articles and Publications
This essay highlights the significance of John Golden’s work on patents to the field of Remedies more generally. In his important new article, Injunctions as More (or Less) Than ‘Off Switches’: Patent-Infringement Injunctions’ Scope (Texas Law Review), Golden proves my thesis: prophylactic injunctions are, and should be, common, normal types of equitable relief. His careful and detailed analysis of the type and frequency of injunctions issued in patent infringement cases exposes the myth that prophylaxis is illegitimate. Steeped in details of patent law, Golden’s work nevertheless contributes significantly to the broader transsubstantive questions of the metes and bounds of equitable …
The Struggle For Gender Equality In The Northern District Of Ohio, Tracy Thomas
The Struggle For Gender Equality In The Northern District Of Ohio, Tracy Thomas
Con Law Center Articles and Publications
No abstract provided.
Riding Into The Sunset In A "Post-Racial" World: Lessons In Equal Educational Opportunity And College Admissions Schemes In France And The United States, Kristen Barnes
Con Law Center Articles and Publications
The purpose of this paper is to evaluate and compare two strategies designed to promote ethno-racial inclusion that were initiated in France and the United States in the context of higher education. In particular, I examine the Priority Education Agreements Program or CEP, an innovative affirmative action program which was implemented in 2001 by the Sciences Po, one of France’s elite universities, in relation to the Texas Ten Percent Plan that was established in 1997 in the United States by the State of Texas.
Sections I and II of this paper will provide the historical and social contexts in which …
Book Review, Tracy Thomas
Book Review, Tracy Thomas
Con Law Center Articles and Publications
No abstract provided.
Reassessing The Avoidance Canon In Erie Cases, Bernadette Bollas Genetin
Reassessing The Avoidance Canon In Erie Cases, Bernadette Bollas Genetin
Con Law Center Articles and Publications
No abstract provided.
Summary Judgment And The Influence Of Federal Rulemaking, Bernadette Bollas Genetin
Summary Judgment And The Influence Of Federal Rulemaking, Bernadette Bollas Genetin
Con Law Center Articles and Publications
No abstract provided.
140th Anniversary Symposium: Fourteenth Amendment Citizenship And The Reconstruction-Era Black Public Sphere, James Fox
Con Law Center Articles and Publications
This project delves more deeply into the possible meanings of constitutional citizenship.. Somewhat in the tradition of the popular constitutionalism scholars, it proposes that the best source for meanings of constitutional citizenship will come not from traditionally originalist sources but from those who attempted to redefine citizenship in a more egalitarian and democratic manner and who established, both in word and in practice, meanings for citizenship on the ground. This argument borrows a theoretical framework from political and social theory: the theories of civil society and the public sphere. This captures—in ways often missed by both legal scholars and historians—the …
Ebay Rx, Tracy Thomas
Powers That Be: A Reexamination Of The Federal Courts' Rulemaking And Adjudicatory Powers In The Context Of A Clash Of A Congressional Statute And A Supreme Court Rule, Bernadette Bollas Genetin
Powers That Be: A Reexamination Of The Federal Courts' Rulemaking And Adjudicatory Powers In The Context Of A Clash Of A Congressional Statute And A Supreme Court Rule, Bernadette Bollas Genetin
Con Law Center Articles and Publications
This Article examines the long-standing conflict between Rule 17(b) of the Federal Rules of Civil Procedure, which was promulgated by the Supreme Court, and a federal statute, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The Article emphasizes that, when a Federal Rule incorporates state law, many federal courts have applied and inappropriate analysis to conflicts between congressional statutes and Supreme Court Rules; these courts focus on a clash of federal-state authority, rather than recognizing that the conflict presents a horizontal clash of federal authority.
The Article has three goals. First, the Article identifies the flaw in current statute-Rule …
The Powers That Be: A Reexamination Of The Federal Courts' Rulemaking And Adjudicatory Powers In The Context Of A Clash Of A Congressional Statute And A Supreme Court Rule, Bernadette Bollas Genetin
The Powers That Be: A Reexamination Of The Federal Courts' Rulemaking And Adjudicatory Powers In The Context Of A Clash Of A Congressional Statute And A Supreme Court Rule, Bernadette Bollas Genetin
Con Law Center Articles and Publications
No abstract provided.
Justice Scalia Reinvents Restitution, Tracy Thomas
Justice Scalia Reinvents Restitution, Tracy Thomas
Con Law Center Articles and Publications
No abstract provided.
Education And The Constitution: Shaping Each Other And The Next Century, Elizabeth Reilly
Education And The Constitution: Shaping Each Other And The Next Century, Elizabeth Reilly
Con Law Center Articles and Publications
Thinking about the interaction between the Constitution and education reveals that they are deeply interconnected, at profound levels of interdependence and complexity. Those connections are often strikingly visible, but are sometimes quite subtle.
A fundamental interdependence was formed with the decision to formulate our governmental structure as a democratic republic. The Constitution created the necessity for adequate public education to prepare the citizenry to exercise the role of self-government. An educated voting public underpins a successful democratic structure, as was explicitly recognized in Brown v. Board of Education, in which the Court acknowledged:
the importance of education to our democratic …