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Articles 1 - 16 of 16

Full-Text Articles in Law

The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins Oct 1997

The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins

Popular Media

No abstract provided.


Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan Aug 1997

Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan

Law Faculty Scholarly Articles

This Article scrutinizes the constitutionality of the intent of the Defense of Marriage Act [DOMA]. According to the text of the Act, DOMA's purposes are "to define and protect the institution of marriage," where marriage is defined to exclude same-sex partners. To be constitutionally valid under the Establishment Clause, this notion that heterosexual marriage requires "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular ...


The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer Jul 1997

The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Suspect Linkage: The Interplay Of State Taxing And Spending Measures In The Application Of Constitutional Antidiscrimination Rules, Dan T. Coenen, Walter Hellerstein Jun 1997

Suspect Linkage: The Interplay Of State Taxing And Spending Measures In The Application Of Constitutional Antidiscrimination Rules, Dan T. Coenen, Walter Hellerstein

Scholarly Works

This article examines an important and recurring question that courts frequently resolve, but rarely analyze: whether taxing and spending measures should be viewed together when a state imposes a nondiscriminatory tax but also affords relief to some taxpayers through government spending. The answer to this question will often determine whether the state's actions violate constitutional strictures against discriminatory taxation. The taxing measure and the spending measure will generally pass muster if viewed in isolation. After all, courts rarely invalidate nondiscriminatory taxing measures on constitutional grounds. And true government spending measures, if considered alone, plainly fall outside the reach of ...


Desperately Ducking Slavery: Dred Scott And Contemporary Constitutional Theory, Mark A. Graber Jan 1997

Desperately Ducking Slavery: Dred Scott And Contemporary Constitutional Theory, Mark A. Graber

Faculty Scholarship

No abstract provided.


The Interactive Constitution: An Essay On Clothing Emperors And Searching For Constitutional Truth, Neal Devins Jan 1997

The Interactive Constitution: An Essay On Clothing Emperors And Searching For Constitutional Truth, Neal Devins

Faculty Publications

No abstract provided.


From Black And White To High Definition Equal Protection, Seth F. Kreimer Jan 1997

From Black And White To High Definition Equal Protection, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer Jan 1997

Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer

Faculty Scholarship at Penn Law

Most debate about the power of judicial review proceeds as if courts primarily invoke the Constitution against the considered judgment of elected legislatures; most constitutional commentary focuses on confrontations between the United States Supreme Court and state or federal legislatures. In fact, the federal courts most often enforce constitutional norms against administrative agencies and street-level bureaucrats, and the norms are enforced not by the Supreme Court but by the federal trial courts. In this Article, Professor Kreimer surveys this "dark matter" of our constitutional universe.

The Article compares the 292 cases involving constitutional claims decided by the Supreme Court during ...


The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo Jan 1997

The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo

Faculty Scholarship at Penn Law

Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress’s authority to employ devices such as special counsels and independent agencies to restrict the President’s control over the administration of the law. The initial debate focused on whether the Constitution rejected the “executive by committee” employed by the Articles of the Confederation in favor of a “unitary executive,” in which all administrative authority is centralized in the President. More recently, the debate has begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such ...


The Commerce Clause Post-Lopez: It's Not Dead Yet, Nicole Huberfeld Jan 1997

The Commerce Clause Post-Lopez: It's Not Dead Yet, Nicole Huberfeld

Law Faculty Scholarly Articles

This Note focuses on two important pieces of social-policy legislation that could be affected by United States v. Lopez: the Violence against Women Act (VAWA) and the Freedom of Access to Clinic Entrances Act (FACE). Conflicts exist in the lower federal courts regarding the constitutionality of both statutes, which were enacted under the Commerce Clause. This Note seeks to resolve the dispute in favor of upholding both acts. Part I surveys the major cases in the history of the Commerce Clause as they relate to social-policy legislation, up to and including Lopez. Part II discusses the conflicting cases in the ...


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.


Moderating Investigative Lies By Disclosure And Documentation, Robert P. Mosteller Jan 1997

Moderating Investigative Lies By Disclosure And Documentation, Robert P. Mosteller

Faculty Publications

No abstract provided.


Private Financing Of Criminal Prosecutions And The Differing Protections Of Liberty And Equality In The Criminal Justice System, Joseph E. Kennedy Jan 1997

Private Financing Of Criminal Prosecutions And The Differing Protections Of Liberty And Equality In The Criminal Justice System, Joseph E. Kennedy

Faculty Publications

No abstract provided.


Introduction (Symposium: Presidential Power In The Twenty-First Century), Michael J. Gerhardt Jan 1997

Introduction (Symposium: Presidential Power In The Twenty-First Century), Michael J. Gerhardt

Faculty Publications

No abstract provided.


Putting Presidential Performance In The Federal Appointments Process In Perspective, Michael J. Gerhardt Jan 1997

Putting Presidential Performance In The Federal Appointments Process In Perspective, Michael J. Gerhardt

Faculty Publications

No abstract provided.


On The Difference In Importance Between Supreme Court Doctrine And Actual Consequences: A Review Of The Supreme Court's 1996-1997 Term, Jesse H. Choper Jan 1997

On The Difference In Importance Between Supreme Court Doctrine And Actual Consequences: A Review Of The Supreme Court's 1996-1997 Term, Jesse H. Choper

Faculty Scholarship

No abstract provided.