Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Speaking Outdoors, Lewis H. Larue
Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla
Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla
Scholarly Articles
Not available.
Balancing As Art: Justice White And The Separation Of Powers, William J. Wagner
Balancing As Art: Justice White And The Separation Of Powers, William J. Wagner
Scholarly Articles
In more than one key opinion, Justice Byron White cited Justice Robert H. Jackson's concept of the "art of governing" as the cornerstone of his own approach to separation-of-powers problems.' In Youngstown Sheet & Tube Co. v. Sawyer, Justice Jackson had written:
The actual art of governing under our Constitution does not and cannot conform to judicial definitions of the power of any of its branches based on isolated clauses or even single Articles torn from context. While the Constitution diffuses power the better to secure liberty, it also contemplates that practice will integrate the dispersed powers into a workable …
Does The Children’S Internet Protection Act Induce Public Libraries To Violate The First Amendment?, Susanna Frederick Fischer
Does The Children’S Internet Protection Act Induce Public Libraries To Violate The First Amendment?, Susanna Frederick Fischer
Scholarly Articles
The Children's Internet Protection Act contains filtering provisions for public libraries that condition the receipt of federal assistance for Internet access and related services on libraries' operation of technological measures that block all patrons' access to obscene and pornographic materials and also block minor patrons' access to material that is "harmful to minors." Now the Supreme Court has agreed to review a trial court's decision that enjoined the government from enforcing these filtering provisions on the basis that they are facially invalid under the First Amendment.
Federalism, Human Rights, And The Realpolitik Of Footnote Four, Robert A. Destro
Federalism, Human Rights, And The Realpolitik Of Footnote Four, Robert A. Destro
Scholarly Articles
The burden of this Essay is to argue that the conventional wisdom about the Court's resolution of the crisis of 1937 both begs the question of the Court's jurisdiction to prescribe substantive rules governing our rights,' and misses the point that history proves the Court unfit to be the sole repository of such a sweeping power. Part I will argue that the Founders' vision of a "compound"
American republic was lost when the Supreme Court of the United States used the New Deal controversy over the limits of judicial review to accomplish one of the most far-reaching power grabs in …