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Articles 1 - 30 of 48

Full-Text Articles in Law

Limited Inalienability Rules, Ariel Porat, Stephen Sugarman Mar 2019

Limited Inalienability Rules, Ariel Porat, Stephen Sugarman

Faculty Scholarship

No abstract provided.


From Loving V. Virginia To Washington V. Davis: The Erosion Of The Supreme Court's Equal Protection Intent Analysis [Article], Angela Onwuachi-Willig Jan 2019

From Loving V. Virginia To Washington V. Davis: The Erosion Of The Supreme Court's Equal Protection Intent Analysis [Article], Angela Onwuachi-Willig

Faculty Scholarship

No abstract provided.


Collective Action Federalism: A General Theory Of Article I, Section 8, Robert D. Cooter, Neil S. Siegel Jan 2010

Collective Action Federalism: A General Theory Of Article I, Section 8, Robert D. Cooter, Neil S. Siegel

Faculty Scholarship

No abstract provided.


The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber Jan 2009

The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber

Faculty Scholarship

No abstract provided.


Administration Of War, John Yoo Jan 2008

Administration Of War, John Yoo

Faculty Scholarship

An essay on the application of administrative law concepts to civil-military relations is presented. It describes the growing policy independence of the military and proposes a framework, the principal-agent model, to analyze the growing independence. It explores how centralization and decentralization can help presidents reduce military-civilian tensions.


Exploring The Affective Constitution, Kathryn Abrams Jan 2008

Exploring The Affective Constitution, Kathryn Abrams

Faculty Scholarship

No abstract provided.


Mourning Miranda, Charles D. Weisselberg Jan 2008

Mourning Miranda, Charles D. Weisselberg

Faculty Scholarship

This paper presents new field research about police interrogation tactics and training, and discusses that research in light of recent science literature and judicial decisions. I argue that the safeguards of Miranda v. Arizona have become ineffective—not because police are deliberately disobeying Miranda, but because officers have learned how to take advantage of rulings that have critically weakened Miranda's supposed protections.Miranda's warnings and waivers were intended to afford custodial suspects an informed choice between speech and silence, and prevent involuntary statements. But there never was evidence to show that a system of ...


Parents Involved: The Mantle Of Brown, The Shadow Of Plessy, John A. Powell, Stephen Menendian Jan 2007

Parents Involved: The Mantle Of Brown, The Shadow Of Plessy, John A. Powell, Stephen Menendian

Faculty Scholarship

The article explores the historical interpretations of the Fourteenth Amendment and the Supreme Court's ruling in the Parents Involved case. It argues that the Court's anticlassification principle is not supported by the central meaning and legacy of Brown. It states that the decision has changed the meaning of Brown via adopting formal equality as a normative constitutional principle. It adds that the court dismisses the harm of segregation and stresses the harm of racial classification.


Wartime Process: A Dialogue On Congressional Power To Remove Issues From The Federal Courts, Jesse Choper, John Yoo Jan 2007

Wartime Process: A Dialogue On Congressional Power To Remove Issues From The Federal Courts, Jesse Choper, John Yoo

Faculty Scholarship

The article presents the authors' dialogue that seeks to clarify the issues at stake in the U.S. Congress' enactment of the Military Commission Act of 2006 (MCA), an act that raised several complicated constitutional issues. They note that limiting the habeas corpus jurisdiction of the federal courts for aliens held at Guantanamo Bay in Cuba may present error correction, but it also debunks the MCA to attack as unconstitutional jurisdiction stripping or an illegal suspension of the writ of habeas corpus. Their dialogue identifies and articulates the conflict between two long-standing constitutional principles: one which lies congressional control over ...


Place-Based Theory Of Standing, A, Daniel A. Farber Jan 2007

Place-Based Theory Of Standing, A, Daniel A. Farber

Faculty Scholarship

No abstract provided.


Constitutional Cadenzas, Daniel A. Farber Jan 2007

Constitutional Cadenzas, Daniel A. Farber

Faculty Scholarship

No abstract provided.


Making War, Robert J. Delahunty, John Yoo Jan 2007

Making War, Robert J. Delahunty, John Yoo

Faculty Scholarship

No abstract provided.


The Terrorist Surveillance Program And The Constitution, John Yoo Jan 2006

The Terrorist Surveillance Program And The Constitution, John Yoo

Faculty Scholarship

No abstract provided.


Is Suspension A Political Question, Amanda L. Tyler Jan 2006

Is Suspension A Political Question, Amanda L. Tyler

Faculty Scholarship

The article focuses on the Suspension Clause of the U.S. Constitution being a political issue. It says that once suspension is viewed as a nonjusticiable political question, it would turn as a subject on which most of the restraints imposed by the Constitution would not be subjected to judicial enforcement. It is claimed that such thought should be denied because it is at odds of writ of habeas corpus heritage and would only complicate the separation of powers and the institution of judicial reviews.


Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber Jan 2006

Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber

Faculty Scholarship

No abstract provided.


Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo Jan 2006

Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo

Faculty Scholarship

No abstract provided.


Against Foreign Law, Robert J. Delahunty, John Yoo Jan 2005

Against Foreign Law, Robert J. Delahunty, John Yoo

Faculty Scholarship

The article looks at the practice of several U.S. Supreme Court justices who have considered the decisions of foreign and international courts for guidance in interpreting the U.S. constitution. This practice has occurred in several controversial, high profile cases. There are two main reasons to think that use of foreign or international decisions extends beyond mere ornamentation.


Did Roe V. Wade Pass The Arbitrary And Capricious Test, Daniel A. Farber Jan 2005

Did Roe V. Wade Pass The Arbitrary And Capricious Test, Daniel A. Farber

Faculty Scholarship

No abstract provided.


Kelo: A Case Rightly Decided, Joseph L. Sax Jan 2005

Kelo: A Case Rightly Decided, Joseph L. Sax

Faculty Scholarship

No abstract provided.


(Native) American Exceptionalism In Federal Public Law, Philip P. Frickey Jan 2005

(Native) American Exceptionalism In Federal Public Law, Philip P. Frickey

Faculty Scholarship

In this Article, Professor Philip Frickey argues that in federal Indian law, the rule of law serves remarkably divergent purposes, justifying colonialism in the pursuit of constitutionalism. Because of its roots in this antinomy, federal Indian law has been remarkably incoherent. The Supreme Court has been increasingly troubled by not only the incoherence inside the field, but also the extent to which its doctrines deviate from general principles of American law. In fact, frustration with the intractability of the issues has recently led several Justices to propose that the Court should have not only the first say on sensitive issues ...


The Rule Of Law And The Law Of Precedents, Daniel A. Farber Jan 2005

The Rule Of Law And The Law Of Precedents, Daniel A. Farber

Faculty Scholarship

No abstract provided.


War, Responsibility, And The Age Of Terrorism, John Yoo Jan 2004

War, Responsibility, And The Age Of Terrorism, John Yoo

Faculty Scholarship

Discusses the various elements of the book "War and Responsibility," by John Hart Ely, with particular attention to the war on terrorism. Approach of the author both in his method of constitutional interpretation and substantive goals for the warmaking process; Views on whether Ely's approach produces the benefits it claims; Transformation of warfare and threats to the U.S. national security.


Takings And Transitions, Holly Doremus Jan 2003

Takings And Transitions, Holly Doremus

Faculty Scholarship

No abstract provided.


The Origins Of Judicial Review, Saikrishna B. Prakash, John C. Yoo Jan 2003

The Origins Of Judicial Review, Saikrishna B. Prakash, John C. Yoo

Faculty Scholarship

Discusses the origins of judicial review in the U.S. Flaws of the assault on judicial review; Discussion of recurring arguments against judicial review; Widespread support for judicial review of state law.


Gun Rights And The Constitutional Significance Of Violent Crime, Jonathan Simon Jan 2003

Gun Rights And The Constitutional Significance Of Violent Crime, Jonathan Simon

Faculty Scholarship

No abstract provided.


Quasi-Affirmative Rights In Constitutional Criminal Procedure, David A. Sklansky Jan 2002

Quasi-Affirmative Rights In Constitutional Criminal Procedure, David A. Sklansky

Faculty Scholarship

No abstract provided.


Constitutional Consequentialism: Bargain Democracy Versus Median Democracy, Robert Cooter Jan 2002

Constitutional Consequentialism: Bargain Democracy Versus Median Democracy, Robert Cooter

Faculty Scholarship

No abstract provided.


The Constitutional Law Of Intellectual Property After Eldred V. Ashcroft, Pamela Samuelson Jan 2002

The Constitutional Law Of Intellectual Property After Eldred V. Ashcroft, Pamela Samuelson

Faculty Scholarship

No abstract provided.


Treaty Interpretation And The False Sirens Of Delegation, John C. Yoo Jan 2002

Treaty Interpretation And The False Sirens Of Delegation, John C. Yoo

Faculty Scholarship

No abstract provided.


The Puzzling Persistence Of Process-Based Federalism Theories, Saikrishna B. Prakash, John C. Yoo Jan 2000

The Puzzling Persistence Of Process-Based Federalism Theories, Saikrishna B. Prakash, John C. Yoo

Faculty Scholarship

No abstract provided.