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Full-Text Articles in Law

Waging War Within The Constitution, Alberto R. Gonzales Jan 2010

Waging War Within The Constitution, Alberto R. Gonzales

Law Faculty Scholarship

This Article examines the United States' response to the September 11, 2001 attacks by Al Qaeda from my perspective as Counsel to the President and then later as Attorney General. It reviews the actions of government lawyers and how federal courts have judged the implementation of U.S. government policy. It explains that U.S. government officials quickly understood that our nation was confronted with a non-state enemy fighting an unconventional war. This forced us to make a number of difficult decisions quickly about how best to fight this threat in a manner consistent with the United States' domestic and ...


Equality In Germany And The United States, Edward J. Eberle Jan 2008

Equality In Germany And The United States, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Georgia's Noble Revolution: Three Governors, Two Armies, The Georgia Supreme Court, And The Gubernatorial Election Of 1946, Lucian E. Dervan Jan 2007

Georgia's Noble Revolution: Three Governors, Two Armies, The Georgia Supreme Court, And The Gubernatorial Election Of 1946, Lucian E. Dervan

Law Faculty Scholarship

In 1946, the governor-elect of Georgia died, sparking a constitutional battle that brought a state government to its knees and a state supreme court to the height of its power. As two armies drew up on the streets of Atlanta, fights erupted in the executive offices and two men stood head to head in a battle for the vacant governor's seat. Into this fray, however, came the rule of law in the form of the state courts, and what may have swelled into an armed conflict of unseen proportions in twentieth century American politics ended with the stirring strike ...


Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan Jan 2001

Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan

Law Faculty Scholarship

In the period leading to the Civil War, debate over federalism and states’ rights developed into the seeds of a war that would forever change America. Over one hundred years later, the debate over federalism continues, unanswered by the blood of more than half a million soldiers. Over the last decade, the United States Supreme Court has increased state sovereignty and state immunity to levels unseen since the pre-Civil War period. The Court’s opinions are structured in a manner that relies significantly on historical methodologies. The multiple rationales used to structure the Justices’ arguments clash, and the Justices spar ...