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Full-Text Articles in Law
The Return Of The Unprovided-For Case, Michael S. Green
The Return Of The Unprovided-For Case, Michael S. Green
Faculty Publications
No abstract provided.
Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl
Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
Constitutional Avoidance And The Roberts Court, Neal Devins
Constitutional Avoidance And The Roberts Court, Neal Devins
Faculty Publications
No abstract provided.
The Limited Path Dependency Of Precedent, Michael J. Gerhardt
The Limited Path Dependency Of Precedent, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Constitutional Empiricism: Quasi-Neutral Principles And Constitutional Truths, Timothy Zick
Constitutional Empiricism: Quasi-Neutral Principles And Constitutional Truths, Timothy Zick
Faculty Publications
The absence of neutrality and objectivity in constitutional decision-making has vexed scholars and courts. In this Article, the author describes and analyzes "constitutional empiricism," a trend instituted by the Rehnquist Court, which is characterized by judicial reliance in constitutional review on empirical and scientific conventions and processes. Courts have generally relied upon traditional sources, such as text and history, to interpret consititutional powers and rights. In its search for neutrality and objectivity, however, the Court has recently turned not only to social science and other data, which are fast becoming common sources of interpretation, but also to the precepts and …
Constitutional Decision-Making Outside The Courts, Michael J. Gerhardt
Constitutional Decision-Making Outside The Courts, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Constitution Outside The Courts, Michael J. Gerhardt
The Constitution Outside The Courts, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Crisis And Constitutionalism, Michael J. Gerhardt
Crisis And Constitutionalism, Michael J. Gerhardt
Faculty Publications
No abstract provided.
On Revolution And Wetland Regulations, Michael J. Gerhardt
On Revolution And Wetland Regulations, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Constitution In Exile: Is It Time To Bring It In From The Cold?, William W. Van Alstyne
The Constitution In Exile: Is It Time To Bring It In From The Cold?, William W. Van Alstyne
Faculty Publications
No abstract provided.
Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins
Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins
Faculty Publications
No abstract provided.
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Consent Of The Governed: Recall Of United States Senators, Timothy Zick
The Consent Of The Governed: Recall Of United States Senators, Timothy Zick
Faculty Publications
No abstract provided.
The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt
The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt
Faculty Publications
No abstract provided.
A Tale Of Two Textualists: A Critical Comparison Of Justices Black And Scalia, Michael J. Gerhardt
A Tale Of Two Textualists: A Critical Comparison Of Justices Black And Scalia, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins
Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins
Faculty Publications
No abstract provided.
Correspondence: The Stuff Of Constitutional Law, Neal Devins
Correspondence: The Stuff Of Constitutional Law, Neal Devins
Faculty Publications
No abstract provided.
The Role Of Precedent In Constitutional Decisionmaking And Theory, Michael J. Gerhardt
The Role Of Precedent In Constitutional Decisionmaking And Theory, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Freedom Of Speech And The Flag Anti-Desecration Amendment: Antinomies Of Constitutional Choice, William W. Van Alstyne
Freedom Of Speech And The Flag Anti-Desecration Amendment: Antinomies Of Constitutional Choice, William W. Van Alstyne
Faculty Publications
No abstract provided.
Commentary On Law: Wallowing In Intention, Gene R. Nichol
Commentary On Law: Wallowing In Intention, Gene R. Nichol
Faculty Publications
No abstract provided.
The Idea Of The Constitution As Hard Law, William W. Van Alstyne
The Idea Of The Constitution As Hard Law, William W. Van Alstyne
Faculty Publications
No abstract provided.
Injury And The Disintegration Of Article Iii, Gene R. Nichol
Injury And The Disintegration Of Article Iii, Gene R. Nichol
Faculty Publications
No abstract provided.
Children Of Distant Fathers: Sketching An Ethos Of Constitutional Liberty, Gene R. Nichol
Children Of Distant Fathers: Sketching An Ethos Of Constitutional Liberty, Gene R. Nichol
Faculty Publications
In this article, Professor Gene R. Nichol argues for a constitutional right to self-governance that legitimizes the court's inquiry into the nature of fundamental personal rights. He locates this right in the ninth amendment, which affords protection to unlisted liberties. The clearest statement of the American commitment to selfgovernance, he argues, is found in Thomas Jefferson's Declaration of Independence, and in the philosophy of Jeffersonian individualism. Drawing on the writing of Jefferson and Lincoln, Professor Nichol asserts that our society has committed itself to "the progressive unfolding of individual sovereignty." Critics of the United States Supreme Court's decisions that give …
Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne
Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne
Faculty Publications
This paper examines several different theories surrounding judicial review and finds many of these theories lacking. Modern trends of literal interpretations and precise language have removed the optimistic nature of Constitutional language and is largely responsible for the hesitancy of other nations to adopt a supreme constitution.
An Essay On Constitutional Language, Frederick Schauer
An Essay On Constitutional Language, Frederick Schauer
Faculty Publications
No abstract provided.
A Graphic Review Of The Free Speech Clause, William W. Van Alstyne
A Graphic Review Of The Free Speech Clause, William W. Van Alstyne
Faculty Publications
No abstract provided.