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Full-Text Articles in Law

The Commerce Clause And Executive Power: Exploring Nascent Individual Rights In National Federal Of Independent Business V. Sebelius (2012), Ronald Kahn Feb 2013

The Commerce Clause And Executive Power: Exploring Nascent Individual Rights In National Federal Of Independent Business V. Sebelius (2012), Ronald Kahn

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No abstract provided.


Making A Mountain Out Of A Molehill? Marbury And The Construction Of The Constitutional Canon, Amanda Rinderle, Keith E. Whittington Feb 2012

Making A Mountain Out Of A Molehill? Marbury And The Construction Of The Constitutional Canon, Amanda Rinderle, Keith E. Whittington

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No abstract provided.


Liberalism And The Constitutional Canon: The 1960s And Its Aftermath, Christopher P. Matera Feb 2012

Liberalism And The Constitutional Canon: The 1960s And Its Aftermath, Christopher P. Matera

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No abstract provided.


Canonizing Comparative Constitutionalism: Some Informal Suggestions For Our Schmooze, Sanford Levinson Feb 2012

Canonizing Comparative Constitutionalism: Some Informal Suggestions For Our Schmooze, Sanford Levinson

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No abstract provided.


Lessons From The Anticanon (And Some Comparative Questions), Jamal Greene Feb 2012

Lessons From The Anticanon (And Some Comparative Questions), Jamal Greene

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No abstract provided.


The Problem With Constitutional Borrowing: Imitation Is Not Necessarily The Sincerest Form Of Flattery, Gordon Silverstein Feb 2012

The Problem With Constitutional Borrowing: Imitation Is Not Necessarily The Sincerest Form Of Flattery, Gordon Silverstein

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No abstract provided.


Grootboom At Home And Abroad: Adventures In The Construction Of A Global Constitutional Canon, Heinz Klug Feb 2012

Grootboom At Home And Abroad: Adventures In The Construction Of A Global Constitutional Canon, Heinz Klug

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No abstract provided.


The Global Constitutional Canon: Some Preliminary Thoughts, Peter E. Quint Feb 2012

The Global Constitutional Canon: Some Preliminary Thoughts, Peter E. Quint

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No abstract provided.


The Enforcement Of Socioeconomic Rights And The Global Constitutional Canon, Emily Zackin Feb 2012

The Enforcement Of Socioeconomic Rights And The Global Constitutional Canon, Emily Zackin

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No abstract provided.


Veils, Politics, And Constitutionalism, Jill Goldenziel Feb 2012

Veils, Politics, And Constitutionalism, Jill Goldenziel

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No abstract provided.


Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel V. United States , Linda C. Mcclain Feb 2011

Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel V. United States , Linda C. Mcclain

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Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward Feb 2011

Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward

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No abstract provided.


Why Originalism Is Of So Little Use In Interpreting The Thirteenth Amendment, Henry L. Chambers Feb 2011

Why Originalism Is Of So Little Use In Interpreting The Thirteenth Amendment, Henry L. Chambers

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The 13th Amendment affords two very different visions. One vision limits the 13th Amendment’s scope to ending slavery and involuntary servitude without more. The second expands the 13th Amendment’s scope to include an anti-subordination principle. Proponents of both visions rely on originalism to support their visions. Unfortunately, originalism does not help us reach a clearly correct conclusion regarding the scope of the 13th Amendment.

That is fine, because the core question regarding the interpretation of the 13th Amendment ought to be whether the amendment is constitutionally transformative. That is, does the 13th Amendment announce a constitutional principle that ...


Getting Right Without Lincoln, Daniel W. Hamilton Feb 2011

Getting Right Without Lincoln, Daniel W. Hamilton

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This short piece is taken from a review of the three important books considered below. This review is part of my current exploration of the historiography of slavery and the Constitution in Civil War legal history.

Brian McGinty, Lincoln and the Court; Stephen C. Neff, Justice in Blue and Gray: A Legal History of the Civil War; Lea VanderVelde, Mrs. Dred Scott: A Life on Slavery’s Frontier


The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros Feb 2011

The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros

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Liberalism, The Thirteenth Amendment, And The Seeds Of Destruction Of Reconstruction, Leslie F. Goldstein Feb 2011

Liberalism, The Thirteenth Amendment, And The Seeds Of Destruction Of Reconstruction, Leslie F. Goldstein

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No abstract provided.


A Grievance Based Interpretation Of The Thirteenth Amendment, Lea Vandervelde Feb 2011

A Grievance Based Interpretation Of The Thirteenth Amendment, Lea Vandervelde

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No abstract provided.


The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov Feb 2011

The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov

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No abstract provided.


The Enduring Legacy Of The Thirteenth Amendment, Robert J. Kaczorowski Feb 2011

The Enduring Legacy Of The Thirteenth Amendment, Robert J. Kaczorowski

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No abstract provided.


Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis Feb 2011

Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis

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No abstract provided.


Slavery And The Phenomenology Of Torture, Sanford Levinson Feb 2011

Slavery And The Phenomenology Of Torture, Sanford Levinson

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No abstract provided.


States Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman Feb 2011

States Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman

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No abstract provided.


The Reconstruction Power, Jack M. Balkin Feb 2011

The Reconstruction Power, Jack M. Balkin

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No abstract provided.


The Thirteenth Amendment And Constitutional Theory, Earl Maltz Feb 2011

The Thirteenth Amendment And Constitutional Theory, Earl Maltz

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No abstract provided.


James Ashley And The Thirteenth Amendment, Rebecca E. Zietlow Feb 2011

James Ashley And The Thirteenth Amendment, Rebecca E. Zietlow

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No abstract provided.


Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict Feb 2011

Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict

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No abstract provided.


The Rule Against Scandal, Marci A. Hamilton Feb 2009

The Rule Against Scandal, Marci A. Hamilton

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No abstract provided.


Is There A Paradox In Amending A Sacred Text?, Beau Breslin Feb 2009

Is There A Paradox In Amending A Sacred Text?, Beau Breslin

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No abstract provided.


Like A Hole In The Head, Lief H. Carter Feb 2009

Like A Hole In The Head, Lief H. Carter

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No abstract provided.


Toward A Judeo-Christian Constitutional Interpretation, Henry L. Chambers Feb 2009

Toward A Judeo-Christian Constitutional Interpretation, Henry L. Chambers

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No abstract provided.