Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Journal

Constitutional Interpretation

Discipline
Institution
Publication Year
Publication

Articles 31 - 60 of 106

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.


Introduction: The Last Word? The Constitutional Implications Of Presidential Signing Statements, Charlie Savage Oct 2007

Introduction: The Last Word? The Constitutional Implications Of Presidential Signing Statements, Charlie Savage

William & Mary Bill of Rights Journal

No abstract provided.


Presidential Signing Statements In Perspective, Nelson Lund Oct 2007

Presidential Signing Statements In Perspective, Nelson Lund

William & Mary Bill of Rights Journal

No abstract provided.


The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport Oct 2007

The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport

William & Mary Bill of Rights Journal

No abstract provided.


Signing Statements: Constitutional And Practical Limits, Louis Fisher Oct 2007

Signing Statements: Constitutional And Practical Limits, Louis Fisher

William & Mary Bill of Rights Journal

No abstract provided.


Pluralism And Public Legal Reason, Lawrence B. Solum Oct 2006

Pluralism And Public Legal Reason, Lawrence B. Solum

William & Mary Bill of Rights Journal

No abstract provided.


St. George Tucker And The Second Amendment: Original Understandings And Modern Misunderstandings, Saul Cornell Feb 2006

St. George Tucker And The Second Amendment: Original Understandings And Modern Misunderstandings, Saul Cornell

William & Mary Law Review

No abstract provided.


Comparative And Noncomparative Justice: Some Guidelines For Constitutional Adjudication, Raleigh Hannah Levine, Russell Pannier Oct 2005

Comparative And Noncomparative Justice: Some Guidelines For Constitutional Adjudication, Raleigh Hannah Levine, Russell Pannier

William & Mary Bill of Rights Journal

No abstract provided.


A Constitutional Defense Of Legislative History, Paul E. Mcgreal Apr 2005

A Constitutional Defense Of Legislative History, Paul E. Mcgreal

William & Mary Bill of Rights Journal

No abstract provided.


State Courts Adopting Federal Constitutional Doctrine: Case-By-Case Adoptionism Or Prospective Lockstepping?, Robert F. Williams Feb 2005

State Courts Adopting Federal Constitutional Doctrine: Case-By-Case Adoptionism Or Prospective Lockstepping?, Robert F. Williams

William & Mary Law Review

No abstract provided.


The State And The Federal Courts In Governance: Vive La Difference!, Hans A. Linde Feb 2005

The State And The Federal Courts In Governance: Vive La Difference!, Hans A. Linde

William & Mary Law Review

No abstract provided.


Introduction: Ancients, Moderns And Guns, Mark A. Graber Feb 2004

Introduction: Ancients, Moderns And Guns, Mark A. Graber

William & Mary Bill of Rights Journal

No abstract provided.


Superb History, Dubious Constitutional And Political Theory: Comments On Uviller And Merkel, The Militia And The Right To Arms, Sanford Levinson Feb 2004

Superb History, Dubious Constitutional And Political Theory: Comments On Uviller And Merkel, The Militia And The Right To Arms, Sanford Levinson

William & Mary Bill of Rights Journal

No abstract provided.


The Authors' Reply To Commentaries On, And Criticisms Of The Militia And The Right To Arms, Or, How The Second Amendment Fell Silent, H. Richard Uviller, William G. Merkel Feb 2004

The Authors' Reply To Commentaries On, And Criticisms Of The Militia And The Right To Arms, Or, How The Second Amendment Fell Silent, H. Richard Uviller, William G. Merkel

William & Mary Bill of Rights Journal

No abstract provided.


The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn Dec 2003

The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn

William & Mary Bill of Rights Journal

No abstract provided.


Old Dictionaries And New Textualists, Rickie Sonpal Jan 2003

Old Dictionaries And New Textualists, Rickie Sonpal

Fordham Law Review

No abstract provided.


Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan Mar 2002

Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan

William & Mary Law Review

No abstract provided.


Judicial Review And Institutional Choice, Adrian Vermeule Mar 2002

Judicial Review And Institutional Choice, Adrian Vermeule

William & Mary Law Review

No abstract provided.


The Constitution And The Other Constitution, Michael Kent Curtis Feb 2002

The Constitution And The Other Constitution, Michael Kent Curtis

William & Mary Bill of Rights Journal

In this article, Professor Michael Kent Curtis examines how laws that shape the distribution of wealth intersect with and affect popular sovereignty and free speech and press. He presents this discussion in the context of the effect of the Other Constitution on The Constitution. Professor Curtis begins by taking a close-up look at the current campaign finance system and the concentration of media ownership in a few corporate bodies and argues that both affect the way in which various political issues are presented to the public, if at all. Professor Curtis continues by talking about the origins of our constitutional …


The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen Feb 2002

The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen

William & Mary Law Review

No abstract provided.


Structural Review, Pseudo-Second-Look Decision Making, And The Risk Of Diluting Constitutional Liberty, Dan T. Coenen May 2001

Structural Review, Pseudo-Second-Look Decision Making, And The Risk Of Diluting Constitutional Liberty, Dan T. Coenen

William & Mary Law Review

No abstract provided.


Subconsitutional Constitutional Law: Supplement, Sham, Or Substitute?, Mark Tushnet May 2001

Subconsitutional Constitutional Law: Supplement, Sham, Or Substitute?, Mark Tushnet

William & Mary Law Review

No abstract provided.


A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen May 2001

A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen

William & Mary Law Review

No abstract provided.


Federalism And Foreign Affairs: Congress's Power To "Define And Punish...Offenses Against The Law Of Nations", Beth Stephens Oct 2000

Federalism And Foreign Affairs: Congress's Power To "Define And Punish...Offenses Against The Law Of Nations", Beth Stephens

William & Mary Law Review

No abstract provided.


Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr. Apr 2000

Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr.

William & Mary Law Review

No abstract provided.


On The Nature Of Federal Bankruptcy Jurisdiction: A General Statutory And Constitutional Theory, Ralph Brubaker Mar 2000

On The Nature Of Federal Bankruptcy Jurisdiction: A General Statutory And Constitutional Theory, Ralph Brubaker

William & Mary Law Review

No abstract provided.