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Articles 1 - 30 of 34
Full-Text Articles in Law
Les Deux Constitutions De John Marshall : Une Relecture De L’Arrêt Marbury V. Madison, Elisabeth Zoller
Les Deux Constitutions De John Marshall : Une Relecture De L’Arrêt Marbury V. Madison, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
Book Review. The Undignified Part Of Constitutional Analysis, Timothy W. Waters
Book Review. The Undignified Part Of Constitutional Analysis, Timothy W. Waters
Articles by Maurer Faculty
No abstract provided.
Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer
Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer
Articles by Maurer Faculty
From the moment the U.S. Supreme Court first confronted the difficult constitutional questions at the heart of the Voting Rights Act, its posture has been one of deference. This posture has continued to this day. In contrast, the Court has interpreted the language of the Act dynamically, often in total disregard to the text of the law or the intent of Congress. But as this Article explains, the Roberts Court appears poised to unsettle this longstanding narrative. The Act is in serious constitutional danger. One way to explain this move on the part of the Court is by invoking the …
Symposium Introduction – Beyond Borders: Extraterritoriality In American Law, Austen L. Parrish
Symposium Introduction – Beyond Borders: Extraterritoriality In American Law, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
Judicial Activism And Fourteenth Amendment Privacy Claims: The Allure Of Originalism And The Unappreciated Promise Of Constrained Nonoriginalism, Daniel O. Conkle
Judicial Activism And Fourteenth Amendment Privacy Claims: The Allure Of Originalism And The Unappreciated Promise Of Constrained Nonoriginalism, Daniel O. Conkle
Articles by Maurer Faculty
Among other meanings, "judicial activism" can be defined as judicial decisionmaking that frustrates majoritarian self-government and that is unconstrained by law. So understood, judicial activism is presumptively problematic, because it frustrates customary democratic and judicial norms.
In this essay, I address originalist and nonoriginalist responses to the presumptive problem of judicial activism in the context of Fourteenth Amendment privacy claims, including claims relating to abortion, sexual conduct, and same-sex marriage. I argue that originalism is an overrated solution, largely because current understandings of originalism, despite claims to the contrary, do not provide standards of decision that are sufficiently clear to …
The Aggregate Harmony Metric And A Statistical And Visual Contextualization Of The Rehnquist Court: 50 Years Of Data, Peter A. Hook
The Aggregate Harmony Metric And A Statistical And Visual Contextualization Of The Rehnquist Court: 50 Years Of Data, Peter A. Hook
Articles by Maurer Faculty
This article contains aggregated data from fifty years of the annual matrixes of justice inter-agreement for particular Supreme Court terms published by the Harvard Law Review (1956 to 2005 terms). Aggregating how often any two justices sided together on cases for a particular term relative to the amount of cases the two justices heard together allows one to derive a measure of the particular term that reflects the relative amount of agreement or disagreement for the term. This new metric, called the Aggregate Harmony Metric, allows for comparative benchmarks. For instance, the 2005 term, with an aggregate agreement of 70%, …
The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley
The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
The War Powers In French Constitutional Law, Elisabeth Zoller
The War Powers In French Constitutional Law, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
Different Religions, Different Politics: Evaluating The Role Of Competing Religious Traditions In American Politics And Law, Daniel O. Conkle
Different Religions, Different Politics: Evaluating The Role Of Competing Religious Traditions In American Politics And Law, Daniel O. Conkle
Articles by Maurer Faculty
In addressing the role of religion in politics and law, American political theory has strongly embraced the principle of religious equality. In this article, I explain how this principle has evolved and how it has nourished the privatization of religion and the secularization of public discourse by generating the view that public evaluations of religion are inappropriate. Under this view, religion is a private good that lacks public significance. As matters merely of private taste, matters that cannot be evaluated publicly, religious positions on political issues are not to be "imposed" on other citizens.
I challenge this reading of the …
Lemon Lives, Daniel O. Conkle
Lemon Lives, Daniel O. Conkle
Articles by Maurer Faculty
This article responds to an article by Professor Michael Stokes Paulsen, entitled "Lemon Is Dead," in which Paulsen interprets the Supreme Court's decision in Lee v. Weisman to repudiate the Establishment Clause test of Lemon v. Kurtzman and to replace it with a test that limits the Clause to cases involving direct or indirect coercion. The article disputes Paulsen's interpretation of Weisman, and it also disputes his normative argument in support of the coercion approach. It contends that Lemon survives Weisman, and that Lemon's multi-faceted and context-specific approach, however vague, is preferable to a test that focuses exclusively on the …
Recent Constitutional Decisions In Indiana, Patrick L. Baude
Recent Constitutional Decisions In Indiana, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Does The United States Need An Establishment Clause?: God Loveth Adverbs, Daniel O. Conkle
Does The United States Need An Establishment Clause?: God Loveth Adverbs, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Is There A Natural Law Right To Privacy?, Ralph F. Gaebler
Is There A Natural Law Right To Privacy?, Ralph F. Gaebler
Articles by Maurer Faculty
No abstract provided.
James Wilson's "Assimilation Of The Common-Law Mind", Stephen A. Conrad
James Wilson's "Assimilation Of The Common-Law Mind", Stephen A. Conrad
Articles by Maurer Faculty
No abstract provided.
In Memoriam: Eberhard Menzel, Jost Delbruck
In Memoriam: Eberhard Menzel, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
The Neutrality Of Adherence To Precedent, Robert L. Birmingham
The Neutrality Of Adherence To Precedent, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.
The Generality Of Neutral Principles: A Game-Theoretic Perspective, Robert L. Birmingham
The Generality Of Neutral Principles: A Game-Theoretic Perspective, Robert L. Birmingham
Articles by Maurer Faculty
Eleven years ago Professor Wechsler first argued that constitutional adjudication should be based on neutral principles of general applicability that transcend the factual contexts of the cases in which they are announced. Since that time, legal scholars have been engaged in a continuing debate over both the meaning and the validity of Wechsler's thesis. Professor Birmingham adds a new perspective to this debate by analyzing neutrality and generality in terms of game theory.
Book Review. Wechsler, H., Principles, Politics, And Fundamental Law, Ralph F. Fuchs
Book Review. Wechsler, H., Principles, Politics, And Fundamental Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The Rule Of Law In Historical Perspective, William Burnett Harvey
The Rule Of Law In Historical Perspective, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
The Challenge Of The Rule Of Law, William Burnett Harvey
The Challenge Of The Rule Of Law, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
Book Review. Essays In Constitutional Law (Robert G. Mccloskey, Ed.), W. Howard Mann
Book Review. Essays In Constitutional Law (Robert G. Mccloskey, Ed.), W. Howard Mann
Articles by Maurer Faculty
No abstract provided.
Book Review. Fellman, D., The Defendant's Rights, Jerome Hall
Book Review. Fellman, D., The Defendant's Rights, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Security And The Constitution, W. Howard Mann
Security And The Constitution, W. Howard Mann
Articles by Maurer Faculty
No abstract provided.
Book Review. Cases And Materials On Constitutional Law By John P. Frank, Monrad G. Paulsen
Book Review. Cases And Materials On Constitutional Law By John P. Frank, Monrad G. Paulsen
Articles by Maurer Faculty
No abstract provided.
Growth In The Constitution And Constitutional Law Since The Decision Of The Case Of West Coast Hotel Vs. Parrish, Hugh Evander Willis
Growth In The Constitution And Constitutional Law Since The Decision Of The Case Of West Coast Hotel Vs. Parrish, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
A Proposal For Co-Operative Research On The Bill Of Rights, Jerome Hall
A Proposal For Co-Operative Research On The Bill Of Rights, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Tendencies In American Constitutional Law, Hugh Evander Willis
Tendencies In American Constitutional Law, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Gibbons V. Ogden, Then And Now, Hugh Evander Willis
Gibbons V. Ogden, Then And Now, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Constitutional Law -- Validity Of Statutes Restricting Picketing And Related Activities, John P. Frank
Constitutional Law -- Validity Of Statutes Restricting Picketing And Related Activities, John P. Frank
Articles by Maurer Faculty
No abstract provided.
The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis
The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.