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Articles 1 - 6 of 6
Full-Text Articles in Law
Playing Hot Potato With Copa: The Supreme Court Defers Deciding Whether The Child Online Protection Act Is Constitutional Once Again, Anne S. Johnston
Playing Hot Potato With Copa: The Supreme Court Defers Deciding Whether The Child Online Protection Act Is Constitutional Once Again, Anne S. Johnston
Saint Louis University Public Law Review
No abstract provided.
Modeling Constitutional Doctrine, Mark D. Rosen
Modeling Constitutional Doctrine, Mark D. Rosen
Saint Louis University Law Journal
No abstract provided.
Telling A Constitutional Story: Examples Of Constitutional Dialogue, Lisa A. Kloppenberg
Telling A Constitutional Story: Examples Of Constitutional Dialogue, Lisa A. Kloppenberg
Saint Louis University Law Journal
No abstract provided.
Constitutional Dialogue And The Civil Rights Act Of 1964, Joel K. Goldstein
Constitutional Dialogue And The Civil Rights Act Of 1964, Joel K. Goldstein
Saint Louis University Law Journal
No abstract provided.
Introduction, David J. Seipp
Introduction, David J. Seipp
Faculty Scholarship
Have we come to bury Lochner, or to praise it? Lochner v. New York,' decided 100 years ago, gave its name to an era in which judges struck down popular statutes that regulated hours, wages, and conditions of work, on grounds that such labor regulations violated a constitutional liberty of contract. After 1937, Lochnerism and Lochnerizing were more or less uniformly condemned by judges and law professors alike. Recently, some scholars have tried to resurrect the Lochner approach, presumably as a way to render much of the twentieth-century regulatory state unconstitutional.
Originalism And Formalism In Criminal Procedure: The Triumph Of Justice Scalia, The Unlikely Friend Of Criminal Defendants?, Stephanos Bibas
Originalism And Formalism In Criminal Procedure: The Triumph Of Justice Scalia, The Unlikely Friend Of Criminal Defendants?, Stephanos Bibas
All Faculty Scholarship
In Crawford v. Washington, Justice Scalia's majority opinion reinterpreted the Confrontation Clause to exclude otherwise reliable testimonial hearsay unless the defendant has been able to cross-examine it. In Blakely v. Washington, Justice Scalia's majority opinion required that juries, not judges, find beyond a reasonable doubt all facts that trigger sentences above ordinary sentencing-guidelines ranges. Crawford and Blakely are prime case studies in the strengths, weaknesses, and influence of originalism and formalism in criminal procedure. Crawford succeeded because it cleared away muddled case law, laid a strong foundation in the historical record, and erected a simple, solid, workable rule. …