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Articles 1 - 5 of 5
Full-Text Articles in Law
Questioning Quirin, Carl W. Tobias
Questioning Quirin, Carl W. Tobias
Law Faculty Publications
Louis Fisher's new work, Nazi Saboteurs on Trial: A Military Tribunal and American Law3 (Nazi Saboteurs), and his valuable contribution to illuminating Ex parte Quirin merit scrutiny. In this Review, I first descriptively assess Nazi Saboteurs. The Review then treats the monograph's numerous beneficial features and ascertains that it enhances understanding of the important decision in Quirin. I conclude with several recommendations for future analysis of Quirin's impact.
Lex-Praxis Of Education Informational Privacy For Public Schoolchildren, Susan P. Stuart
Lex-Praxis Of Education Informational Privacy For Public Schoolchildren, Susan P. Stuart
Law Faculty Publications
No abstract provided.
A Local Distinction: State Education Privacy Laws For Public Schoolchildren, Susan P. Stuart
A Local Distinction: State Education Privacy Laws For Public Schoolchildren, Susan P. Stuart
Law Faculty Publications
No abstract provided.
James Madison’S Celebrated Report Of 1800: The Transformation Of The Tenth Amendment, Kurt T. Lash
James Madison’S Celebrated Report Of 1800: The Transformation Of The Tenth Amendment, Kurt T. Lash
Law Faculty Publications
It has become commonplace to describe the Rehnquist Court as having staged a "Federalism Revolution." Although the current status of the Revolution is in dispute, historical treatment of the Supreme Court's jurisprudence under Chief Justice Rehnquist no doubt will emphasize a resurgence of federalism and limited construction of federal power. Cases like Gregory v. Ashcroft, New York v. United States, United States v. Lopez, Printz v. United States, Alden v. Maine, and United States v. Morrison all share a common rule of interpretation: Narrow construction of federal power to interfere with matters believed best left under state control. The textual …
Tucker’S Rule: St. George Tucker And The Limited Construction Of Federal Power, Kurt T. Lash
Tucker’S Rule: St. George Tucker And The Limited Construction Of Federal Power, Kurt T. Lash
Law Faculty Publications
When Joseph Story published his Commentaries on the Constitution in 1833, he dedicated the work "To the Honorable John Marshall," whose "expositions of constitutional law enjoy a rare and extraordinary authority. They constitute a monument of fame far beyond the ordinary memorials of political and military glory." Throughout the Commentaries, Story generously quoted Chief Justice Marshall's great nationalist opinions in McCulloch v. Maryland, Gibbons v. Ogden, and Cohens v. Virginia and used them to construct a thoroughly nationalist reading of the federal Constitution. Along the way, Story seemingly dismantled prior states' rights interpretations of federal power, particularly St. George Tucker's …