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Series

2009

Constitutional Law

NULR Online

Articles 1 - 13 of 13

Full-Text Articles in Law

Privatizing And Publicizing Speech, Nelson Tebbe Aug 2009

Privatizing And Publicizing Speech, Nelson Tebbe

NULR Online

When should we allow governments to deploy private-law rules in order to circumvent public-law obligations? Two cases this year call that question to mind. They ask the Supreme Court to explore interactions between property law and constitutional rules concerning free speech and antiestablishment.

On the one hand, the Court recently handed down Pleasant Grove City v. Summum, which involved a Ten Commandments monument that a private religious organization donated to a city. The Court concluded that the permanent monument became government speech when the city accepted the gift, displayed it in a municipal park, and formally took ownership of …


Imperfect Oaths, The Primed President, And An Abundance Of Constitutional Caution, Bruce Peabody Jun 2009

Imperfect Oaths, The Primed President, And An Abundance Of Constitutional Caution, Bruce Peabody

NULR Online

Presidential inaugurations frequently invite widespread civic celebration, the broad rhetoric of an incoming Chief Executive, and traditions stretching back for decades and even centuries. The inaugural ceremonies of January 20, 2009 offered all this and something more: a set of important constitutional puzzles radiating from Barack Obama’s imperfect recitation of his oath of office.

At 12:04 p.m., Mr. Obama attempted to fulfill the Constitution’s requirement that each President take a prescribed thirty-five word oath “[b]efore he enter on the Execution of his Office . . . .” During the recitation, Chief Justice John Roberts (who was administering the oath) prompted …


Quick Off The Mark? In Favor Of Empowering The President-Elect, Nina A. Mendelson Apr 2009

Quick Off The Mark? In Favor Of Empowering The President-Elect, Nina A. Mendelson

NULR Online

No abstract provided.


Lost In Space: Laurence Tribe's Invisible Constitution, Eric J. Segall Mar 2009

Lost In Space: Laurence Tribe's Invisible Constitution, Eric J. Segall

NULR Online

No abstract provided.


St. George Tucker's Lecture Notes, The Second Amendment, And Originalist Methodology: A Critical Comment, Saul Cornell Mar 2009

St. George Tucker's Lecture Notes, The Second Amendment, And Originalist Methodology: A Critical Comment, Saul Cornell

NULR Online

No abstract provided.


The Permanent And Presidential Transition Models Of Political Party Policy Leadership, David Fontana Feb 2009

The Permanent And Presidential Transition Models Of Political Party Policy Leadership, David Fontana

NULR Online

No abstract provided.


The Lds Church, Proposition 8, And The Federal Law Of Charities, Brian Galle Feb 2009

The Lds Church, Proposition 8, And The Federal Law Of Charities, Brian Galle

NULR Online

No abstract provided.


Combating Midnight Regulation, Jack M. Beermann Feb 2009

Combating Midnight Regulation, Jack M. Beermann

NULR Online

No abstract provided.


Choose The Best Answer: Organizing Climate Change Negotiation In The Obama Administration, Jonathan Zasloff Jan 2009

Choose The Best Answer: Organizing Climate Change Negotiation In The Obama Administration, Jonathan Zasloff

NULR Online

No abstract provided.


Keeping Recess Appointments In Their Place, Brian C. Kalt Jan 2009

Keeping Recess Appointments In Their Place, Brian C. Kalt

NULR Online

No abstract provided.


Terminating Presidential Recess Appointments: A Reply To Professor Brian C. Kalt, Seth Barrett Tillman Jan 2009

Terminating Presidential Recess Appointments: A Reply To Professor Brian C. Kalt, Seth Barrett Tillman

NULR Online

No abstract provided.


Keeping Tillman Adjournments In Their Place: A Rejoinder To Seth Barrett Tillman, Brian C. Kalt Jan 2009

Keeping Tillman Adjournments In Their Place: A Rejoinder To Seth Barrett Tillman, Brian C. Kalt

NULR Online

No abstract provided.


Senate Termination Of Presidential Recess Appointments, Seth Barrett Tillman Jan 2009

Senate Termination Of Presidential Recess Appointments, Seth Barrett Tillman

NULR Online

No abstract provided.