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Journal

Constitutional Interpretation

2008

Articles 1 - 5 of 5

Full-Text Articles in Law

Reconstructing The Dormant Commerce Clause Doctrine, Brannon P. Denning Nov 2008

Reconstructing The Dormant Commerce Clause Doctrine, Brannon P. Denning

William & Mary Law Review

In this Article, I argue that the alleged incoherence and unpredictability of the dormant Commerce Clause doctrine (DCCD) is rooted in the Supreme Court's search, through the years, for a stable set of rules enabling it to distinguish permissible from impermissible state regulations of interstate commerce and commercial actors. Its lack of success, the Article argues, is due in large part to the Court's inability to settle on the constitutional command the doctrine was to enforce. Historically, the Court would promulgate a set of rules, apply them for a time, then alter or modify them as the rules became unsatisfactory. …


Metaphors And Modalities: Meditations On Bobbit's Theory Of The Constitution, Ian C. Bartrum Oct 2008

Metaphors And Modalities: Meditations On Bobbit's Theory Of The Constitution, Ian C. Bartrum

William & Mary Bill of Rights Journal

No abstract provided.


Constitution Writing In Post-Conflict Settings: An Overview, Jennifer Widner Mar 2008

Constitution Writing In Post-Conflict Settings: An Overview, Jennifer Widner

William & Mary Law Review

No abstract provided.


The Theocratic Challenge To Constitution Drafting In Post-Conflict States, Ran Hirschl Mar 2008

The Theocratic Challenge To Constitution Drafting In Post-Conflict States, Ran Hirschl

William & Mary Law Review

No abstract provided.


Some Skepticism About Normative Constitutional Advice, Mark Tushnet Mar 2008

Some Skepticism About Normative Constitutional Advice, Mark Tushnet

William & Mary Law Review

No abstract provided.