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Full-Text Articles in Law

Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 1995

Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


God Is As God Does: Law, Anthropology, And The Definition Of "Religion", James M. Donovan Sep 1995

God Is As God Does: Law, Anthropology, And The Definition Of "Religion", James M. Donovan

Law Faculty Scholarly Articles

This Article first discusses the judicial deliberations upon the definition of religion. That discussion adopts a chronological sequence because, in legal matters, that is the one that counts.

It can be a tedious, but not particularly difficult task to summarize the legal struggle to define religion. The strategy applied to evaluate the product of that struggle is intellectual triangulation, whereby bearings from two fixed positions are used to specify that of that third. By analogy, the correct definition of "religion" can be identified by finding where the legal efforts intersect with an independent sighting of the same target. Where this ...


Constitutional Torts: Combining Diverse Doctrines And Practicality, Thomas A. Eaton, Michael Wells Mar 1995

Constitutional Torts: Combining Diverse Doctrines And Practicality, Thomas A. Eaton, Michael Wells

Scholarly Works

Constitutional Torts is, in part, a response to our sense that the upper level curriculum could be improved by courses that bring together areas of doctrine that are often studied in isolation. We think there is substantial value in bringing together seemingly disparate areas of doctrine that bear on a common real-world problem. Students benefit from learning how to put together concepts from different substantive areas in order to solve problems they will face in practice.


The Passive-Aggressive Virtues: Cohen V. Virginia And The Problematic Establishment Of Judicial Power, Mark A. Graber Jan 1995

The Passive-Aggressive Virtues: Cohen V. Virginia And The Problematic Establishment Of Judicial Power, Mark A. Graber

Faculty Scholarship

No abstract provided.


A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young Jan 1995

A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young

Faculty Scholarship

No abstract provided.


Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber Jan 1995

Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber

Faculty Scholarship

This Article explores whether contemporary advocates of restrictions on bigoted expression have more in common with contemporary advocates of broad First Amendment rights or with past censors. The critical theorists who would ban some hate speech rely heavily on the equal citizenship principles that radical civil libertarians believe justify almost absolute speech rights. The First Amendment, past and present censors argue, does not fully protect speech inconsistent with what they believe are basic constitutional values. This claim repudiates a basic principle of American constitutionalism, the faith that "self-evident" constitutional values will triumph in the constitutional marketplace of ideas. The ideological ...


Charles Fairman, Felix Frankfurter, And The Fourteenth Amendment, Richard L. Aynes Jan 1995

Charles Fairman, Felix Frankfurter, And The Fourteenth Amendment, Richard L. Aynes

Akron Law Publications

The scope of the Fourteenth Amendment determines, in large measure, the allocation of responsibility and power between the states and the government of the United States. It has been characterized as “the most significant [[[Amendment] in our history” and a “second American Constitution.” It is therefore not surprising that some of the most important disputes in the United States Supreme Court have been over the meaning of the Fourteenth Amendment and that the disputes have involved some of the most important legal thinkers of our times.

In the twentieth century, one of the most familiar articulations of differing views occurred ...


The Proposed Equal Protection Fix For Abortion Law: Reflections On Citizenship, Gender, And The Constitution, Anita L. Allen Jan 1995

The Proposed Equal Protection Fix For Abortion Law: Reflections On Citizenship, Gender, And The Constitution, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Standing To Allege Violations Of The Doctrine Of Specialty: An Examination Of The Relationship Between The Individual And The Sovereign, Mary-Rose Papandrea Jan 1995

Standing To Allege Violations Of The Doctrine Of Specialty: An Examination Of The Relationship Between The Individual And The Sovereign, Mary-Rose Papandrea

Boston College Law School Faculty Papers

No abstract provided.


The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw Jan 1995

The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw

Scholarly Works

No abstract provided.


1995-96 Supreme Court Preview: Mock Arguments In Romer V. Evans, Michael J. Gerhardt, Tracey Maclin Jan 1995

1995-96 Supreme Court Preview: Mock Arguments In Romer V. Evans, Michael J. Gerhardt, Tracey Maclin

Faculty Publications

No abstract provided.


The Religious Freedom Restoration Act: Establishment, Equal Protection And Free Speech Concerns, William P. Marshall Jan 1995

The Religious Freedom Restoration Act: Establishment, Equal Protection And Free Speech Concerns, William P. Marshall

Faculty Publications

No abstract provided.


The Dead Hand Of The Architect, Daniel A. Farber Jan 1995

The Dead Hand Of The Architect, Daniel A. Farber

Faculty Scholarship

No abstract provided.


Did Last Term Reveal A Revolutionary States' Rights Movement Within The Supreme Court, Jesse H. Choper Jan 1995

Did Last Term Reveal A Revolutionary States' Rights Movement Within The Supreme Court, Jesse H. Choper

Faculty Scholarship

Discusses the implications of the ruling in the Supreme Court case `United States v. Alfonso Lopez Jr.' Whether the judiciary can effectively police federalism disputes; Comments on Professor Robert Nagel's analysis of the case; Discussion of similar cases challenging the federal government.


The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber Jan 1995

The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber

Faculty Scholarship

No abstract provided.


Does Pro-Choice Mean Pro-Kevorkian? An Essay On Roe, Casey, And The Right To Die, Seth F. Kreimer Jan 1995

Does Pro-Choice Mean Pro-Kevorkian? An Essay On Roe, Casey, And The Right To Die, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.