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Full-Text Articles in Law
The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman
The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman
Duke Law Journal
No abstract provided.
Clients, Lawyers And The Fifth Amendment: The Need For A Projected Privilege, Kevin R. Reitz
Clients, Lawyers And The Fifth Amendment: The Need For A Projected Privilege, Kevin R. Reitz
Duke Law Journal
No abstract provided.
The Inverse Coase Theorem And Declarations Of War, J. Gregory Sidak
The Inverse Coase Theorem And Declarations Of War, J. Gregory Sidak
Duke Law Journal
No abstract provided.
The Locus Of Sovereignty: Judicial Review, Legislative Supremacy, And Federalism In The Constitutional Traditions Of Canada And The United States, Calvin R. Massey
The Locus Of Sovereignty: Judicial Review, Legislative Supremacy, And Federalism In The Constitutional Traditions Of Canada And The United States, Calvin R. Massey
Duke Law Journal
No abstract provided.
Justice Scalia’S Use Of Sources In Statutory And Constitutional Interpretation: How Congress Always Loses, Arthur Stock
Justice Scalia’S Use Of Sources In Statutory And Constitutional Interpretation: How Congress Always Loses, Arthur Stock
Duke Law Journal
No abstract provided.
Exposing Sunstein’S Naked Preferences, Stephen M. Feldman
Exposing Sunstein’S Naked Preferences, Stephen M. Feldman
Duke Law Journal
No abstract provided.
Independent Agencies: Form And Substance In Executive Prerogative, Glen O. Robinson
Independent Agencies: Form And Substance In Executive Prerogative, Glen O. Robinson
Duke Law Journal
Among other things, the Supreme Court's decision in Morrison v. Olson, 1 upholding Congress's authorization of independent counsel to investigate and prosecute high-ranking government officials for violation of federal criminal laws, presumably will chill speculation that the Supreme Court is prepared to rethink the constitutionality of the independent agencies. Prior to the 1980s the constitutionality of the independent agencies had generally been thought secure on the strength of Humphrey's Executor. 2 Despite recurrent criticism of that decision, 3 there was no basis to think it was especially vulnerable. The Court's recent fascination with separation of powers, 4 however, invited speculation …
Cable Television And The Freedom Of Expression, Daniel Brenner
Cable Television And The Freedom Of Expression, Daniel Brenner
Duke Law Journal
In 1973, cable television operators primarily carried broadcast signals that could not be received adequately over the air. That year, a Cabinet-level committee recommended that regulation of cable fundamentally change when the cable industry penetrated fifty percent of U.S. homes. Instead of selecting any of their program services, the cable operators would be treated as pure carriers, leaving others to program. 1 The United States recently passed that supposed milestone. 2 Yet the 1973 policy recommendation is about as likely to get a second hearing as the Articles of Confederation. By 1975, Home Box Office had launched cable's first satellite …
The Dormant Commerce Clause And The Constitutional Balance Of Federalism, Martin H. Redish, Shane V. Nugent
The Dormant Commerce Clause And The Constitutional Balance Of Federalism, Martin H. Redish, Shane V. Nugent
Duke Law Journal
Through the passage of time, the dormant commerce clause doctrine has acquired a patina of legitimacy; the doctrine frequently is used by the judiciary to overturn state regulation of commerce. Professor Martin Redish and Shane Nugent argue that time alone cannot legitimize such actions by the courts, and that the Constitution provides no textual basis for the exercise of this authority. Moreover, they contend that the doctrine actually undermines the carefully structured federal balance embodied in the text. They further argue that nontextual rationales are flawed, and that jurisprudence based on the text of the Constitution can deal adequately with …
Role Of Strategic Reasoning In Constitutional Interpretation: In Defense Of The Pathological Perspective, Vincent Blasi
Role Of Strategic Reasoning In Constitutional Interpretation: In Defense Of The Pathological Perspective, Vincent Blasi
Duke Law Journal
No abstract provided.
Why The First Amendment Should Not Be Interpreted From The Pathological Perspective: A Response To Professor Blasi, George C. Christie
Why The First Amendment Should Not Be Interpreted From The Pathological Perspective: A Response To Professor Blasi, George C. Christie
Duke Law Journal
No abstract provided.
The Uncertainty Principle In The Supreme Court, Craig M. Bradley
The Uncertainty Principle In The Supreme Court, Craig M. Bradley
Duke Law Journal
No abstract provided.
The Constitution In The Supreme Court: 1921-1930, David P. Currie
The Constitution In The Supreme Court: 1921-1930, David P. Currie
Duke Law Journal
No abstract provided.
“Freedom” And ”Coercion”—Virtue Words And Vice Words, Peter Westen
“Freedom” And ”Coercion”—Virtue Words And Vice Words, Peter Westen
Duke Law Journal
Much has changed since young Thomas Jefferson took up his quill pen in the winter of 1781 and wrote by candlelight about "freedom" and "coercion." More has changed since Plato lauded freedom and derogated coercion two thousand years earlier. 2 The material changes in the way we live are obvious. The normative changes in what we value -- in what we regard as good and evil, right and wrong -- are equally dramatic: the abolition of chattel slavery, the disestablishment of religion, the end of indentured servitude, the demise of monarchy, the prohibition of torture and blood sanctions, the banning …
The Market Participant Test In Dormant Commerce Clause Analysis—Protecting Protectionism?, Richard H. Seamon
The Market Participant Test In Dormant Commerce Clause Analysis—Protecting Protectionism?, Richard H. Seamon
Duke Law Journal
The Supreme Court's traditional analysis of state actions under the dormant commerce clause 1 has undergone two important modifications over the past decade. 2 In the first, the Court established a rule under which certain state actions that are within the scope of the dormant commerce clause may be deemed per se invalid, without inquiry into the extent to which the challenged state action burdens interstate commerce or furthers legitimate local objectives. 3 In the second, the Court fashioned a threshold inquiry to determine whether state action constitutes "market participation," 4 in which case it lies outside the scope of …
The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie
The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie
Duke Law Journal
Continuing his critical analysis of the constitutional decisions of the Taney period, Professor Currie examines cases involving the privileges and immunities clause, fugitives from slavery and criminal prosecution, and intergovernmental immunities, as well as cases dealing with the scope of federal judicial and legislative powers. In these decisions, with the glaring exception of Scott v. Sandford, he finds additional evidence that in general the Taney Court continued to enforce constitutional limitations vigorously against the states and to construe federal authority generously.