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Constitutional Commentary

2005

Articles 1 - 28 of 28

Full-Text Articles in Law

The Dubious Enumerated Power Doctrine, Calvin H. Johnson Jan 2005

The Dubious Enumerated Power Doctrine, Calvin H. Johnson

Constitutional Commentary

No abstract provided.


Revenge Of The Triple Negative: A Note On The Brandeis Brief In Muller V. Oregon, Clyde Spillenger Jan 2005

Revenge Of The Triple Negative: A Note On The Brandeis Brief In Muller V. Oregon, Clyde Spillenger

Constitutional Commentary

No abstract provided.


Protecting Unconscious, Medically- Dependent Persons After Wendland & Schiavo, Clarke D. Forsythe Jan 2005

Protecting Unconscious, Medically- Dependent Persons After Wendland & Schiavo, Clarke D. Forsythe

Constitutional Commentary

No abstract provided.


Originalism, Precedent, And Candor, David A. Strauss Jan 2005

Originalism, Precedent, And Candor, David A. Strauss

Constitutional Commentary

No abstract provided.


From Cruzan To Schiavo: Similar Bedfellows In Fact And At Law, Edward J. Larson Jan 2005

From Cruzan To Schiavo: Similar Bedfellows In Fact And At Law, Edward J. Larson

Constitutional Commentary

No abstract provided.


Congress Clears Its Throat, Edward A. Hartnett Jan 2005

Congress Clears Its Throat, Edward A. Hartnett

Constitutional Commentary

No abstract provided.


Schiavo And Klein, Evan Caminker Jan 2005

Schiavo And Klein, Evan Caminker

Constitutional Commentary

No abstract provided.


Constitutional Contortion? Making Unfettered War Powers Compatible With Limited Government. Book Review Of: The Powers Of War And Peace: The Constitution And Foreign Affairs After 9/11. By John Yoo, Gordon Silverstein Jan 2005

Constitutional Contortion? Making Unfettered War Powers Compatible With Limited Government. Book Review Of: The Powers Of War And Peace: The Constitution And Foreign Affairs After 9/11. By John Yoo, Gordon Silverstein

Constitutional Commentary

Book review: The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11. By John Yoo. University of Chicago Press. 2005. xii + 366 pp. Reviewed by: Gordon Silverstein


Whose America? Book Review Of: Conquest By Law: How The Discovery Of America Dispossessed Indigenous Peoples Of Their Lands. By Lindsay G. Robertson; How The Indians Lost Their Land: Law And Power On The Frontier. By Stuart Banner, Judith T. Younger Jan 2005

Whose America? Book Review Of: Conquest By Law: How The Discovery Of America Dispossessed Indigenous Peoples Of Their Lands. By Lindsay G. Robertson; How The Indians Lost Their Land: Law And Power On The Frontier. By Stuart Banner, Judith T. Younger

Constitutional Commentary

Book review: Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands. By Lindsay G. Robertson ; How the Indians Lost Their Land: Law and Power on the Frontier. By Stuart Banner. Reviewed by: Judith T. Younger


Let's Call The Whole Thing Off? Book Review Of: The American Constitution And The Debate Over Originalism. By Dennis J. Goldford, Keith E. Whittington Jan 2005

Let's Call The Whole Thing Off? Book Review Of: The American Constitution And The Debate Over Originalism. By Dennis J. Goldford, Keith E. Whittington

Constitutional Commentary

Book review: The American Constitution and the Debate over Originalism. By Dennis J. Goldford. Cambridge University Press, New York. 2005. Pp. xi, 305. Reviewed by: Keith E. Whittington


When Government Must Pay: Compensating Rights And The Constitution, Kenneth Agran Jan 2005

When Government Must Pay: Compensating Rights And The Constitution, Kenneth Agran

Constitutional Commentary

No abstract provided.


The Intrinsically Corrupting Influence Of Precedent, Michael Stokes Paulsen Jan 2005

The Intrinsically Corrupting Influence Of Precedent, Michael Stokes Paulsen

Constitutional Commentary

No abstract provided.


Killing Terri Schiavo, Michael Stokes Paulsen Jan 2005

Killing Terri Schiavo, Michael Stokes Paulsen

Constitutional Commentary

No abstract provided.


Fig Leaf Federalism And Tenth Amendment Exceptionalism, Nelson Lund Jan 2005

Fig Leaf Federalism And Tenth Amendment Exceptionalism, Nelson Lund

Constitutional Commentary

No abstract provided.


Trumping Precedent With Original Meaning: Not As Radical As It Sounds, Randy E. Barnett Jan 2005

Trumping Precedent With Original Meaning: Not As Radical As It Sounds, Randy E. Barnett

Constitutional Commentary

No abstract provided.


Terri Schiavo: A Right To Life Denied Or A Right To Die Honored?, Robert P. George Jan 2005

Terri Schiavo: A Right To Life Denied Or A Right To Die Honored?, Robert P. George

Constitutional Commentary

No abstract provided.


Family Conflict And Family Privacy: The Constitutional Violation In Terri Schiavo's Death, Robert A. Burt Jan 2005

Family Conflict And Family Privacy: The Constitutional Violation In Terri Schiavo's Death, Robert A. Burt

Constitutional Commentary

No abstract provided.


Judging The Schiavo Case, Samuel R. Bagenstos Jan 2005

Judging The Schiavo Case, Samuel R. Bagenstos

Constitutional Commentary

No abstract provided.


The Contagion Of Constitutional Avoidance, Scott E. Gant Jan 2005

The Contagion Of Constitutional Avoidance, Scott E. Gant

Constitutional Commentary

No abstract provided.


Text, Precedent, And The Constitution: Some Originalist And Normative Arguments For Overruling Planned Parenthood Of Southeastern Pennsylvania V. Casey, Steven G. Calabresi Jan 2005

Text, Precedent, And The Constitution: Some Originalist And Normative Arguments For Overruling Planned Parenthood Of Southeastern Pennsylvania V. Casey, Steven G. Calabresi

Constitutional Commentary

Part of Symposium: "Can Originalism be Reconciled with Precedent? A Symposium on Stare Decisis"


Originalism, Stare Decisis And The Promotion Of Judicial Restraint, Thomas W. Merrill Jan 2005

Originalism, Stare Decisis And The Promotion Of Judicial Restraint, Thomas W. Merrill

Constitutional Commentary

No abstract provided.


Elizabeth Cady Stanton On The Federal Marriage Amendment: A Letter To The President, Tracy A. Thomas Jan 2005

Elizabeth Cady Stanton On The Federal Marriage Amendment: A Letter To The President, Tracy A. Thomas

Constitutional Commentary

No abstract provided.


A Criminal Procedure Regime Based On Instrumental Values. Book Review Of: About Guilt And Innocence: The Origins, Development, And Future Of Constitutional Criminal Procedure. By Donald A. Dripps, Tracey Maclin Jan 2005

A Criminal Procedure Regime Based On Instrumental Values. Book Review Of: About Guilt And Innocence: The Origins, Development, And Future Of Constitutional Criminal Procedure. By Donald A. Dripps, Tracey Maclin

Constitutional Commentary

Book review: About Guilt and Innocence: The Origins, Development, and Future of Constitutional Criminal Procedure. By Donald A. Dripps. Praeger Publishers. 2003. xix + 295 pp. Reviewed by: Tracey Maclin


The Protestant Revolutions And Western Law. Book Review Of: Law And Revolution Ii: The Impact Of The Protestant Reformations On The Western Legal Tradition. By Harold J. Berman, William B. Ewald Jan 2005

The Protestant Revolutions And Western Law. Book Review Of: Law And Revolution Ii: The Impact Of The Protestant Reformations On The Western Legal Tradition. By Harold J. Berman, William B. Ewald

Constitutional Commentary

Book review: Law and Revolution II: The Impact of the Protestant Reformations on the Western Legal Tradition. By Harold J. Berman. Harvard University Press. 2003. xii + 522 pp. Reviewed by: William B. Ewald


The (Surprising) Truth About Schiavo: A Defeat For The Cause Of Autonomy, O. Carter Snead Jan 2005

The (Surprising) Truth About Schiavo: A Defeat For The Cause Of Autonomy, O. Carter Snead

Constitutional Commentary

No abstract provided.


The (Surprising) Truth About Schiavo: A Defeat For The Cause Of Autonomy, O. Carter Snead Jan 2005

The (Surprising) Truth About Schiavo: A Defeat For The Cause Of Autonomy, O. Carter Snead

Constitutional Commentary

No abstract provided.


Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy, Adam M. Samaha Jan 2005

Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy, Adam M. Samaha

Constitutional Commentary

No abstract provided.


The Constitutionality Of States Extending Personhood To The Unborn, Alec Walen Jan 2005

The Constitutionality Of States Extending Personhood To The Unborn, Alec Walen

Constitutional Commentary

No abstract provided.