Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2004

Selected Works

Constitutional law

Articles 1 - 6 of 6

Full-Text Articles in Law

Silence: Insolubly Ambiguous And Deadly: The Constitutional, Evidentiary And Moral Reasons For Excluding ‘Lack Of Remorse’ Testimony And Argument In Capital Sentencing Proceedings, Jules Epstein Jan 2004

Silence: Insolubly Ambiguous And Deadly: The Constitutional, Evidentiary And Moral Reasons For Excluding ‘Lack Of Remorse’ Testimony And Argument In Capital Sentencing Proceedings, Jules Epstein

Jules Epstein

No abstract provided.

Go to article

The Agency Law Origins Of The Necessary And Proper Clause, Robert G. Natelson Jan 2004

The Agency Law Origins Of The Necessary And Proper Clause, Robert G. Natelson

Robert G. Natelson

This is the first of several writings by the author on the original meaning of the Constitution's Necessary and Proper Clause. It explains part of the legal background of the Clause, identifies it as a recital (not an independent grant of power) of the 18th century doctrine of incidental powers, and explains the content of that doctrine. The article has since been updated and supplemented by the author's signed chapters in Lawson, Miller, Natelson & Seidman, The Origins of the Necessary and Proper Clause (Cambridge Univ. Press, 2010).

Go to article

The General Welfare Clause And The Public Trust: An Essay In Original Understanding, Robert G. Natelson Jan 2004

The General Welfare Clause And The Public Trust: An Essay In Original Understanding, Robert G. Natelson

Robert G. Natelson

This article explains the original meaning/understanding of the Constitution's General Welfare Clause, including the scope of the taxing and spending power granted to Congress

Go to article

History Of The Pennsylvania Constitution (Chapter 3), John Gedid Dec 2003

History Of The Pennsylvania Constitution (Chapter 3), John Gedid

John L. Gedid

No abstract provided.

Go to article

The Futile Quest For A System Of Judicial “Merit” Selection, Michael R. Dimino Dec 2003

The Futile Quest For A System Of Judicial “Merit” Selection, Michael R. Dimino

Michael R Dimino

Others have discussed exhaustively the merits and demerits of merit selection, and I do not intend in this essay to debate the“ success” or “failure,” per se, of merit selection since its introduction in Missouri in 1940. Instead, I wish to discuss the effect merit selection has on squelching public debate about the judiciary. Once that effect is demonstrated, I then wish to assess this antidemocratic tendency against the purported goal of merit selection: maintaining some measure of accountability in a selection system nonetheless designed to make judges confident enough in their independence to render decisions according to the law …

Go to article

Justice Thomas In Grutter V. Bollinger: Can Passion Play A Role In Judicial Reasoning?, Mary Kate Kearney Dec 2003

Justice Thomas In Grutter V. Bollinger: Can Passion Play A Role In Judicial Reasoning?, Mary Kate Kearney

Mary Kate Kearney

No abstract provided.

Go to article