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Articles 211 - 231 of 231

Full-Text Articles in Law

Procedural Due Process: The Original Understanding, Edward J. Eberle Jul 1987

Procedural Due Process: The Original Understanding, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Review Essay: Charting The Bicentennial, Richard B. Bernstein Jan 1987

Review Essay: Charting The Bicentennial, Richard B. Bernstein

Articles & Chapters

No abstract provided.


Litigating The Zero-Sum Game: The Effect Of Institutional Reform Litigation On Absent Parties, Elizabeth G. Thornburg Jan 1987

Litigating The Zero-Sum Game: The Effect Of Institutional Reform Litigation On Absent Parties, Elizabeth G. Thornburg

Faculty Scholarship

This article considers the impact that the use and misuse of equitable interest balancing has had on institutional reform litigation. It begins by considering the types of cases in which interest balancing was originally used in equity, and then surveys the use of interest balancing in school desegregation and employment discrimination cases. The article argues that the Supreme Court's interest balancing is flawed in systemic ways that result in overvaluing non-party interests.


The Need For A New National Court, Douglas D. Mcfarland, Thomas E. Baker Jan 1987

The Need For A New National Court, Douglas D. Mcfarland, Thomas E. Baker

Faculty Publications

By any measure, the Supreme Court is tremendously overburdened. Statistics speak clearly on this point; sometimes they shout. After the caseload relief provided by the Judges' Bill, 4 which was passed in I925 and took effect during the I928 Term, the Supreme Court caseload grew slowly for thirty years. Beginning in the I96os, growth sharply accelerated, and during the I970S and I98os, the numbers exploded.


Imagining The Past And Remembering The Future: The Supreme Court's History Of The Establishment Clause, Gerard V. Bradley Jan 1986

Imagining The Past And Remembering The Future: The Supreme Court's History Of The Establishment Clause, Gerard V. Bradley

Journal Articles

Our Framers through the Establishment Clause sought to prevent the government from preferring one religious sect to another. However, the Supreme Court in Everson v. Board of Education abandoned that meaning of nonestablishment and created a general prohibition on all nondiscriminatory aid to religion, a decision later reinforced in Lemon v. Kurtzman. This Article discusses the Founder’s worldview and looks at other Establishment Clause cases to illustrate that the historical evidence is inconsistent with Everson. Rather, the founders intended to assure that religion would be aided only on a nondiscriminatory, or sect-neutral, basis and does not stand for the ...


Beyond Carolene Products, Bruce A. Ackerman Jan 1985

Beyond Carolene Products, Bruce A. Ackerman

Addison Harris Lecture

No abstract provided.


Review Of The New Deal Lawyers, By Peter H. Irons, William Michael Treanor Jan 1983

Review Of The New Deal Lawyers, By Peter H. Irons, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This article reviews The New Deal Lawyers by Peter H. Irons (1982).

The government lawyers who helped shape and defend New Deal agencies have received little attention from scholars. Any oversight has now, however, been redressed. The New Deal Lawyers provides a detailed and careful study of the litigation process that preceded the New Deal's 1937 court triumphs. Peter Irons' book focuses on the activities of three key agencies and their general counsels: the National Recovery Administration (NRA) and Donald Richberg; the Agricultural Adjustment Administration (AAA) and Jerome Frank; and the National Labor Relations Board (NLRB) and Charles Fahy ...


Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen Jan 1982

Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen

Faculty Scholarship

During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the ...


Congress And The Supreme Court's Jurisdiction, Charles E. Rice Jan 1982

Congress And The Supreme Court's Jurisdiction, Charles E. Rice

Journal Articles

No abstract provided.


Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne Jan 1979

Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne

Faculty Scholarship

This review discusses J. Harvie Wilkinson's "From Brown to Bakke" and its companion work, "Counting by Race: Equality from the Founding Fathers to Bakke and Weber" written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. "Counting" is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.


Note, The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William W. Bratton Jan 1975

Note, The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne Jan 1974

A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne

Faculty Scholarship

This comparison of United States v. Nixon and the Pentagon Papers case finds the greatest similarity and significance shared by the two cases was the anti-climactic nature of their conclusions. While both cases concerned constitutional questions of the highest order, centered around the scope of the executive power, both cases were drawn on such narrow grounds that there was hardly any effect on constitutional law doctrine.


The Proposed Amendments To The Federal Rules Of Evidence, Paul F. Rothstein Jan 1973

The Proposed Amendments To The Federal Rules Of Evidence, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The Supreme Court has approved a uniform code of evidence for all federal courts. Amendments to the Supreme Court's rules are now pending in the House of Representatives. From the point of view of a specialist in the law of evidence, Professor Rothstein analyzes the differences between the Supreme Court's proposals and the House amendments and suggests solutions to these conflicts.


Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski Jan 1972

Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski

Faculty Scholarship

IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that ...


The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii Mar 1966

The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii

Cornell Law Faculty Publications

The reapportionment cases have been considered by many to be the product of a liberal, activist Court which is endeavoring to reshape America’s political life according to its own views. The authors of this article assert that, to the contrary, the Court actually is reacting to the incontrovertible fact of the modern predominance of urban complexities which have rendered inappropriate our older political boundaries. In this sense, they consider the Court’s decisions conservative rather than liberal- because the Court’s purpose is to maintain a version of federalism along state boundaries which may have become outmoded even before ...


Book Review, William W. Van Alstyne Jan 1964

Book Review, William W. Van Alstyne

Faculty Scholarship

This review of "The Supreme Court on Trial" by Charles Hyneman, questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Board of Educaion's dominance of such discussion and the book’s poor treatment of the desegregation cases.


The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis Jan 1938

The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


Evidence And The New Federal Rules Of Civil Procedure: 2, Charles C. Callahan, Edwin E. Ferguson Jan 1937

Evidence And The New Federal Rules Of Civil Procedure: 2, Charles C. Callahan, Edwin E. Ferguson

Faculty Scholarship Series

IN DRAFTING the new rules for civil procedure in the federal courts
the Supreme Court's committee has dealt sparingly with the law of
evidence. Rule 44 as set out in the committee's report is designed primarily
to clear up the confusion which has existed heretofore with regard
to the applicability of state rules of evidence in the federal courts and
to avoid any further confusion which might arise from the union of
law and equity under the new rules. Of the several possible methods of
treating these problems, that chosen by the committee is, it is submitted,
best ...


Municipal Debt Adjustment And The Supreme Court, George H. Dession Jan 1936

Municipal Debt Adjustment And The Supreme Court, George H. Dession

Faculty Scholarship Series

LAST May the Supreme Court of the United States once again entered
what has been described as "a vast arena . . . filled with special interests
which conflict and contradict and clamor."' This is the scene of local
government defaults- and of the struggles and negotiations to which they
give rise. Their frequency and wide geographical distribution since 1926
have become common knowledge.2 Our institutional unpreparedness to
cope with such situations in a manner wholly compatible with the
public interest has likewise been demonstrated. Not that this unpreparedness
should have been news; but so few were the defaults between
1900 and ...


Evidence And The New Federal Rules Of Civil Procedure, Charles C. Callahan, Edwin E. Ferguson Jan 1936

Evidence And The New Federal Rules Of Civil Procedure, Charles C. Callahan, Edwin E. Ferguson

Faculty Scholarship Series

THE authority given to the IYnited States Supreme Court by the Act
of June 19, 1934, to prescribe uniform rules of procedure for federal
civil actions at law and to unite the federal law and equity practices aptly
was said, to afford "an unusual opportunity for introducing effective
measures of reform in law administration into our most extended court
system and of developing a procedure which may properly be a model
to all the states."' That the Court intends to avail itself of this opportunity
is evidenced both by its decision to proceed "with the preparation
of a unified system ...


Federal Declaratory Judgments Act, Edwin Borchard Jan 1934

Federal Declaratory Judgments Act, Edwin Borchard

Faculty Scholarship Series

It is especially appropriate to publish in the Virginia Law Review the first extensive commentary on the Federal Declaratory Judgments Act. The credit for its enactment falls largely to ex-Governor, now Representative, Andrew J. Montague, of Virginia, who piloted the Act through the House of Representatives on four separate occasions. His persistence over a period of many years was finally rewarded when on June 14, 1934, President Roosevelt signed the Act (Pub. 343) giving the Federal Courts power to render such judgments.