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

Law Commons

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

Articles 1 - 23 of 23

Full-Text Articles in Law

Resistance To Constitutional Theory: The Supreme Court, Constitutional Change, And The "Pragmatic Moment", B. Jessie Hill Jan 2013

Resistance To Constitutional Theory: The Supreme Court, Constitutional Change, And The "Pragmatic Moment", B. Jessie Hill

Faculty Publications

This Article approaches the law-politics divide from a new angle. Drawing on the insights of literary theory, this Article argues that every act of interpretation, including constitutional interpretation, inevitably draws not only on text but also on context, and that the relevant context extends beyond both the written document and the historical context of its origination. This understanding derives from speech-act theory and from postmodern literary theory. As Paul de Man argues in his seminal essay, The Resistance to Theory, moreover, the act of interpretation always encompasses a “pragmatic moment” that undermines the effort to attain perfect theoretical coherence. Applying ...


The Imaginary Connection Between The Great Law Of Peace And The United States Constitution: A Reply To Professor Schaaf, Erik M. Jensen Jan 2006

The Imaginary Connection Between The Great Law Of Peace And The United States Constitution: A Reply To Professor Schaaf, Erik M. Jensen

Faculty Publications

This article challenges the politically correct theory advanced in a 1989 article by Gregory Schaaf, “From the Great Law of Peace to the Constitution of the United States: A Revision of America’s Democratic Roots.” Professor Schaaf argued that large parts of the U.S. Constitution were based on the Great Law of Peace, the founding document of the Iroquois Confederacy. This article points to the lack of primary authority supporting such a counterintuitive proposition and questions the likelihood that Iroquois principles could have silently influenced American founders. Finally, the article questions whether it is desirable to try to further ...


The Penumbral Public Domain: Constitutional Limits On Quasi-Copyright Legislation, Aaron K. Perzanowski Jan 2006

The Penumbral Public Domain: Constitutional Limits On Quasi-Copyright Legislation, Aaron K. Perzanowski

Faculty Publications

This Article attempts to reconcile the breadth of the modern Commerce Clause with the notion of meaningful and enforceable limits on Congress' copyright authority under Article I, Section 8, Clause 8.

The Article aims to achieve two objectives. First, it seeks to outline a general approach to identifying and resolving inter-clause conflicts, sketching a methodology that has been lacking in the courts' sparse treatment of such conflicts. Second, it applies that general framework to the copyright power in order to outline the scope of constitutional prohibitions against quasi-copyright protections. In particular, this application focuses on the federal anti-bootlegging statutes and ...


Note: Legal Excisions: The Rights Of Foreigners In Japan, Timothy Webster Jan 2006

Note: Legal Excisions: The Rights Of Foreigners In Japan, Timothy Webster

Faculty Publications

This article examines various moments in the constitutional rights of foreigners in Japan. Beginning with the drafting of the Japanese Constitution, it shows how Japanese members of the drafting committee did not passively accept whatever their American counterparts “foisted” on them, but quite deliberately sculpted and limited the reach of the Constitution through word choice and selective translation. It then examines several lawsuits, from the 1970s to the 2000s, where foreigners have asserted various rights in Japanese courts. In the absence of constitutional rights, foreigners must rely on Japanese statutory law, guided by international law, to buttress their claims to ...


United States Supreme Court: 2001 Term, Paul C. Giannelli Jan 2001

United States Supreme Court: 2001 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


United States Supreme Court: 2000 Term, Paul C. Giannelli Jan 2000

United States Supreme Court: 2000 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


United States Supreme Court: 1999 Term, Paul C. Giannelli Jan 1999

United States Supreme Court: 1999 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


United States Supreme Court: 1998 Term, Paul C. Giannelli Jan 1998

United States Supreme Court: 1998 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


United States Supreme Court: 1997 Term, Paul C. Giannelli Jan 1997

United States Supreme Court: 1997 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


United States Supreme Court: 1995 & 1996 Term, Paul C. Giannelli Jan 1996

United States Supreme Court: 1995 & 1996 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


United States Supreme Court: 1993-94 Term, Paul C. Giannelli Jan 1994

United States Supreme Court: 1993-94 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


United States Supreme Court: 1991-92 Term, Paul C. Giannelli Jan 1992

United States Supreme Court: 1991-92 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


United States Supreme Court: 1990-91 Term, Paul C. Giannelli Jan 1992

United States Supreme Court: 1990-91 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


U.S. Supreme Court: The 1988-1989 Term, Paul C. Giannelli Jan 1989

U.S. Supreme Court: The 1988-1989 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


U.S. Supreme Court: The 1987-88 Term (Part I), Paul C. Giannelli Jan 1988

U.S. Supreme Court: The 1987-88 Term (Part I), Paul C. Giannelli

Faculty Publications

No abstract provided.


U.S. Supreme Court: The 1987-88 Term (Part Ii), Paul C. Giannelli Jan 1988

U.S. Supreme Court: The 1987-88 Term (Part Ii), Paul C. Giannelli

Faculty Publications

No abstract provided.


U.S. Supreme Court: The 1986-87 Term (Part Ii), Paul C. Giannelli Jan 1987

U.S. Supreme Court: The 1986-87 Term (Part Ii), Paul C. Giannelli

Faculty Publications

No abstract provided.


U.S. Supreme Court: The 1986-87 Term (Part I), Paul C. Giannelli Jan 1987

U.S. Supreme Court: The 1986-87 Term (Part I), Paul C. Giannelli

Faculty Publications

No abstract provided.


U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli Jan 1984

U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


U.S. States Supreme Court: 1982-83 Term: Partii, Paul C. Giannelli Jan 1983

U.S. States Supreme Court: 1982-83 Term: Partii, Paul C. Giannelli

Faculty Publications

No abstract provided.


U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli Jan 1983

U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


The United States Supreme Court: The 1978-79 Term, Paul C. Giannelli Jan 1979

The United States Supreme Court: The 1978-79 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Ohio Bill Of Rights, Paul C. Giannelli Jan 1978

The Ohio Bill Of Rights, Paul C. Giannelli

Faculty Publications

No abstract provided.