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Constitutional Commentary

2003

Articles 1 - 29 of 29

Full-Text Articles in Law

Homage To Clio: The Historical Continuity From The Articles Of Confederation Into The Constitution, Calvin H. Johnson Jan 2003

Homage To Clio: The Historical Continuity From The Articles Of Confederation Into The Constitution, Calvin H. Johnson

Constitutional Commentary

No abstract provided.


Judicial Supremacy And Its Discontents, Dale Carpenter Jan 2003

Judicial Supremacy And Its Discontents, Dale Carpenter

Constitutional Commentary

No abstract provided.


The Importance Of Being Final, Daniel A. Farber Jan 2003

The Importance Of Being Final, Daniel A. Farber

Constitutional Commentary

No abstract provided.


How Many Spouses Does The Constitution Allow One To Have? Book Review Of: The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth Century America. By Sarah Barringer Gordon, David R. Dow, Jose I. Maldonado Jr. Jan 2003

How Many Spouses Does The Constitution Allow One To Have? Book Review Of: The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth Century America. By Sarah Barringer Gordon, David R. Dow, Jose I. Maldonado Jr.

Constitutional Commentary

Book review: The Mormon Question: Polygamy and Constitutional Conflict in Nineteenth Century America. By Sarah Barringer Gordon. University of North Carolina, Chapel Hill. 2002. Pp. XIV, 337. Reviewed by: David R. Dow and Jose I. Maldonado, Jr.


Telling Stories For Liberty. Book Review Of: You Can't Say That: The Growing Threat To Civil Liberties From Antidiscrimination Laws. By David Bernstein, David Mcgowan Jan 2003

Telling Stories For Liberty. Book Review Of: You Can't Say That: The Growing Threat To Civil Liberties From Antidiscrimination Laws. By David Bernstein, David Mcgowan

Constitutional Commentary

Book review: You Can't Say That: The Growing Threat to Civil Liberties from Antidiscrimination Laws. By David Bernstein. Washington, D.C. Cato Institute. 2003. Pp. 198. Reviewed by: David McGowan


Judicial Sovereignty: The Legacy Of The Rehnquist Court. Book Review Of: Narrowing The Nation's Power: The Supreme Court Sides With The States. By John T. Noonan, Jr., E. Thomas Sullivan Jan 2003

Judicial Sovereignty: The Legacy Of The Rehnquist Court. Book Review Of: Narrowing The Nation's Power: The Supreme Court Sides With The States. By John T. Noonan, Jr., E. Thomas Sullivan

Constitutional Commentary

Book review: Narrowing the Nation's Power: the Supreme Court Sides with the States. By John T. Noonan, Jr. University of California Press. 2002. Pp. 203. Reviewed by: E. Thomas Sullivan


Not The King's Bench, Edward A. Hartnett Jan 2003

Not The King's Bench, Edward A. Hartnett

Constitutional Commentary

No abstract provided.


Interpretative Equality As A Structural Imperative (Or "Pucker Up And Settle This!"), Gary Lawson Jan 2003

Interpretative Equality As A Structural Imperative (Or "Pucker Up And Settle This!"), Gary Lawson

Constitutional Commentary

No abstract provided.


On The Waterfront: Cheese-Eating, Huac, And The First Amendment, Jeffrey M. Shaman Jan 2003

On The Waterfront: Cheese-Eating, Huac, And The First Amendment, Jeffrey M. Shaman

Constitutional Commentary

No abstract provided.


Decentralizing Constitutional Provisions Versus Judicial Oligarchy: A Reply To Professor Koppelman, John O. Mcginnis Jan 2003

Decentralizing Constitutional Provisions Versus Judicial Oligarchy: A Reply To Professor Koppelman, John O. Mcginnis

Constitutional Commentary

No abstract provided.


The Lame Ducks Of Marbury, John Copeland Nagle Jan 2003

The Lame Ducks Of Marbury, John Copeland Nagle

Constitutional Commentary

No abstract provided.


Marbury And The Retreat From Judicial Supremacy, Larry D. Kramer Jan 2003

Marbury And The Retreat From Judicial Supremacy, Larry D. Kramer

Constitutional Commentary

No abstract provided.


Mother May I? Imposing Mandatory Prospective Rules Of Statutory Interpretation, Larry Alexander, Saikrishna Prakash Jan 2003

Mother May I? Imposing Mandatory Prospective Rules Of Statutory Interpretation, Larry Alexander, Saikrishna Prakash

Constitutional Commentary

No abstract provided.


Constitutional Rules, Constitutional Standards, And Constitutional Settlement: Marbury V. Madison And The Case For Judicial Supremacy, Larry Alexander Jan 2003

Constitutional Rules, Constitutional Standards, And Constitutional Settlement: Marbury V. Madison And The Case For Judicial Supremacy, Larry Alexander

Constitutional Commentary

No abstract provided.


"Sir, Yes, Sir!": The Courts, Congress, And Structural Injunctions. Book Review Of: Democracy By Decree: What Happens When Courts Run Government. By Ross Sandler And David Schoenbrod, Mark Tushnet Jan 2003

"Sir, Yes, Sir!": The Courts, Congress, And Structural Injunctions. Book Review Of: Democracy By Decree: What Happens When Courts Run Government. By Ross Sandler And David Schoenbrod, Mark Tushnet

Constitutional Commentary

Book review: Democracy by Decree: What Happens When Courts Run Government. By Ross Sandler and David Schoenbrod. Yale University Press. 2003. Pp. 288. Reviewed by: Mark Tushnet


Searching For The Peaceable Kingdom. Book Review Of: Emblems Of Pluralism: Cultural Differences And The State. By Carol Weisbrod, Mark D. Rosen Jan 2003

Searching For The Peaceable Kingdom. Book Review Of: Emblems Of Pluralism: Cultural Differences And The State. By Carol Weisbrod, Mark D. Rosen

Constitutional Commentary

Book review: Emblems of Pluralism: Cultural Differences and the State. By Carol Weisbrod. Princeton University Press. 2002. Pp. ix, 222. Reviewed by: Mark D. Rosen


The Court And The Empire. Book Review Of: The Imperial Republic: A Structural History Of American Constitutionalism From The Colonial Era To The Beginning Of The Twentieth Century. By James G. Wilson, Michael Kent Curtis Jan 2003

The Court And The Empire. Book Review Of: The Imperial Republic: A Structural History Of American Constitutionalism From The Colonial Era To The Beginning Of The Twentieth Century. By James G. Wilson, Michael Kent Curtis

Constitutional Commentary

Book review: The Imperial Republic: A Structural History of American Constitutionalism from the Colonial Era to the Beginning of the Twentieth Century. By James G. Wilson. Ashgate, 2002. Pp. 273. Reviewed by: Michael Kent Curtis


Marbury's Wrongness, Michael Stokes Paulsen Jan 2003

Marbury's Wrongness, Michael Stokes Paulsen

Constitutional Commentary

No abstract provided.


American Democracy: A Model Oxymoron Or Who Knew The Constitution Enshrined Affirmative Action For States? Book Review Of: How Democratic Is The American Constitution? By Robert A. Dahl., Miranda Oshige Mcgowan Jan 2003

American Democracy: A Model Oxymoron Or Who Knew The Constitution Enshrined Affirmative Action For States? Book Review Of: How Democratic Is The American Constitution? By Robert A. Dahl., Miranda Oshige Mcgowan

Constitutional Commentary

Book review: How Democratic is the American Constitution? By Robert A. Dahl. New Haven, CT: Yale University Press. 2001. Pp. 208. Reviewed by: Miranda Oshige McGowan


The Office Of The Oath, Patrick O. Gudridge Jan 2003

The Office Of The Oath, Patrick O. Gudridge

Constitutional Commentary

No abstract provided.


The Dimension Of The Supreme Court, Paul H. Edelman Jan 2003

The Dimension Of The Supreme Court, Paul H. Edelman

Constitutional Commentary

No abstract provided.


The Little Red Schoolhouse: Pierce, State Monopoly Of Education And The Politics Of Intolerance, Paula Abrams Jan 2003

The Little Red Schoolhouse: Pierce, State Monopoly Of Education And The Politics Of Intolerance, Paula Abrams

Constitutional Commentary

No abstract provided.


What Are The Facts Of Marbury V. Madison?, Sanford Levinson, Jack M. Balkin Jan 2003

What Are The Facts Of Marbury V. Madison?, Sanford Levinson, Jack M. Balkin

Constitutional Commentary

No abstract provided.


The Federalist Papers And The Bill Of Rights, Shlomo Slonim Jan 2003

The Federalist Papers And The Bill Of Rights, Shlomo Slonim

Constitutional Commentary

No abstract provided.


The Myth Of The Neutral Amicus: American Courts And Their Friends, 1790-1890, Stuart Banner Jan 2003

The Myth Of The Neutral Amicus: American Courts And Their Friends, 1790-1890, Stuart Banner

Constitutional Commentary

No abstract provided.


The Marbury Of 1803 And The Modern Marbury, Sylvia Snowiss Jan 2003

The Marbury Of 1803 And The Modern Marbury, Sylvia Snowiss

Constitutional Commentary

No abstract provided.


Recess Appointments And An Independent Judiciary, William Ty Mayton Jan 2003

Recess Appointments And An Independent Judiciary, William Ty Mayton

Constitutional Commentary

No abstract provided.


The Partial-Birth Abortion Ban Act Of 2003 And The Commerce Clause, Allan Ides Jan 2003

The Partial-Birth Abortion Ban Act Of 2003 And The Commerce Clause, Allan Ides

Constitutional Commentary

No abstract provided.


How "Decentralization" Rationalizes Oligarchy: John Mcginnis And The Rehnquist Court, Andrew Koppelman Jan 2003

How "Decentralization" Rationalizes Oligarchy: John Mcginnis And The Rehnquist Court, Andrew Koppelman

Constitutional Commentary

No abstract provided.