Law Commons^™

Response To Richard Garnett, "Individuals, Institutions, And Religious Freedom", Gregory Kalscheur, Richard Garnett

Richard W Garnett

No abstract provided.

American Constitutionalism: Volume Ii: Rights & Liberties, Howard Gillman, Mark Graber, Keith Whittington

Mark Graber

Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach in American Constitutionalism. Organized according to the standard two-semester sequence--in which Volume I covers Structures of Government and Volume II covers Rights and Liberties--this text is unique in that it presents the material in a historical organization within each volume, as opposed to the typical issues-based organization.

Panelist, Apocalypse Now Or Much Ado About Nothing? An Election Post-Mortem On The Effects Of Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.

The Benefits And Evils Of Competition”: James Coolidge Carter’S Supreme Court Advocacy, Lewis Grossman

Lewis A. Grossman

This chapter examines the Supreme Court advocacy of James Coolidge Carter, a leading legal theorist, practicing attorney, and political reformer of the Gilded Age. Carter was perhaps the most respected appellate advocate in the country at the end of the nineteenth century. He argued some of the most important cases of the Gilded Age. He defended the federal income tax, a Chinese immigrant denied reentry into the United States pursuant to a racist immigration restriction statute, and also argued seminal cases concerning the Fifth Amendment privilege against self-incrimination and the recognition of foreign judgments in American courts. In this essay, …

Occupy Wall Street And The U.S. Army's 82nd Airborne Division: A Hypothetical Examination Of The Slippery Slope Of Military Intervention During Civil Disturbance, Mckay Smith

McKay Smith

Throughout 2011, the world was an incredibly angry place. The global economy was in disarray. The streets of Tunisia, Egypt, Libya, and Syria had erupted in unprecedented violence. While Americans watched events spiral out of control abroad, a new movement was taking shape domestically. The Occupy movement is a self-described, nonpartisan protest movement targeting economic injustice and social inequality. At its core, however, many domestic protestors also vocally deride the current state of U.S. politics. This article analyzes the Army’s authority to collect information in support of domestic operations, particularly operations aimed at quelling civil disturbance. Historically, the use of …

Moderator, Corporation Speech After Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.

Table Annexed To Article: Color Me Adverb, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Adverbs are one of the principal – and most readily trackable – means by which writers of the English language color their output. Relying on ‘-ly’ adverbs (out of 3,732 total adverbs), adverb usage in the Philadelphia constitution is measured

Bankruptcy And The Myth Of "Uniform Laws", Daniel A. Austin

Daniel A. Austin

The Bankruptcy Clause of the Constitution empowers Congress to enact “uniform Laws on the subject of bankruptcies.” Common definitions of the word uniform include “always the same” and “not variable.” Yet the rights and remedies of debtors and creditors in a bankruptcy case vary significantly depending upon the state and federal jurisdiction in which the case is filed. Rather than a single uniform law of bankruptcy, the U.S. has multiple bankruptcy laws and regimes based upon geography.

The cause of bankruptcy nonuniformity lies in the structure of our bankruptcy system. Many sections of the Bankruptcy Code incorporate state law, which …

Color Me Adverb: How The Convention Painted The Text Of The Philadelphia Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Adverbs are one of the principal – and most readily trackable – means by which writers of the English language color their output. Relying on ‘-ly’ adverbs (out of 3,732 total adverbs), adverb usage in the Philadelphia constitution is measured

Table Annexed To Article: Counting Syllables In The Bill Of Rights, Peter J. Aschenbrenner

Peter J. Aschenbrenner

An experiment in deconstructing the Bill of Rights is offered. Each of the 461 words is broken into syllables and the numeric value (syllables per word) appears. Ten segments mirror the ten articles of Amendment.

Table Annexed To Article: Machine-Readable Text Of The Federalist Papers, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Machine-readable text of The Federal Papers is presented as a resource for the reader of Our Constitutional Logic.

Table Annexed To Article: Officials Subject To Prohibitions In The Corrective Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Officials whose conduct is prohibited are identifiable through the text of the Corrective Constitution; results are surveyed.

Panelist, The Affordable Care Act’S Prospects In The Supreme Court, Kent Greenfield

Kent Greenfield

No abstract provided.

Panelist, To Amend Or Not To Amend: The Impact Of Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.

Being James Madison: What We Get For Time Travel, Peter J. Aschenbrenner

Peter J. Aschenbrenner

When we travel back in time to meet the 89rs, what is the best we can get for our trouble? James Madison would remind us that we can get methods, not answers. The constitution may be a machine, but is not a vending machine.

Table Annexed To Article: A Hitch-Hiker's Guide To The Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Why are we fascinated by the politics of judicial appointments? Does really this help anyone to understand Supreme Court decisions? Plenty of myths debunked, thanks to unanimous decisions and outcomes.

The Ecuadorian Exemplar: The First Ever Vindications Of Constitutional Rights Of Nature, Erin Daly

Erin Daly

The 'Sala de le Corte Provincial' - a provincial court in Ecuador - became the first court ever to vindicate the recently constitutionalized rights of nature. Recognizing the indisputable importance of the rights of nature for present and future generations, the court held the provincial government liable for flooding damages caused by dumping of construction debris. This judicial victory is arguably overshadowed by challenges facing the plaintiffs in seeing the courts order enforced, however. A subsequent case bears witness to the judiciary’s vindication of rights of nature in Ecuador with ever increasing legal effect.

Who's Got Bragging Rights? Delaware Or New Hampshire Or -- ?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The order in which the original thirteen states ratified the Federal Constitution can be compared with the order in which the twelve states credentialled their delegations to the federal convention. A surprise winner is announced.

Table Annexed To Article: Secrecy Broken; Reports Of The Delegates, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Despite the measures taken to ensure the secrecy of the proceedings during the federal convention, many delegates made reports to their states and explained the reasoning behind various clauses. However, no delegate had access to the official journal of the constitutional convention.

How The Twenty-Six Superfounders Fared At The Ballot Box, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Twenty-six delegates who attended the federal convention at Philadelphia and who signed the constitution also attended their state ratifying conventions. Many of these SuperFounders ran for federal elective office in the first federal elections.

Table Annexed Article: Secrecy Broken Reports Of The Delegates At The Federal Convention, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Despite the measures taken to ensure the secrecy of the proceedings during the federal convention, many delegates made reports to their states and explained the reasoning behind various clauses. However, no delegate had access to the official journal of the constitutional convention.

Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Despite the measures taken to ensure the secrecy of the proceedings during the federal convention, many delegates made reports to their states and explained the reasoning behind various clauses. However, no delegate had access to the official journal of the constitutional convention.

Table Annexed To Article: Who's Got Bragging Rights?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The order in which the original thirteen states ratified the Federal Constitution can be compared with the order in which the twelve states credentialled their delegations to the federal convention. A surprise winner is announced.

Moderator, Panel On Defense Of Marriage Act, Kent Greenfield

Kent Greenfield

No abstract provided.

Table Annexed To Article: Who Were The Superfounders?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Thirty-two of the fifty-five delegates who attended the federal convention went on to attend a ratifying convention; twenty-five are Yes-Founders and one, Gov. Edmund Randolph, won his ‘SuperFounder’ status at the Virginia Ratifying Convention. Never before surveyed as a group, the table annexed names the SuperFounders and details their opposite numbers, the No-Founders.

Delegate Arrivals In Philadelphia Compared To Voting Records At The Ratification Conventions By State, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Eleven states ratified the Constitution between December 7, 1787 and July 26, 1788. When delegate arrival dates are compared with the order in which their respective state ratification conventions completed their business, a significant number of delegates supporting the constitution are missing in action.

When Did The Delegates Arrive In Philadelphia, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Twelve states appointed fifty-five delegates to attend the federal convention in May, 1787 at Philadelphia. The arrival of the delegates may conveniently be grouped by the order of their arrival; further information assigned to delegates. Information tabled by Farrand (1911, 1937) will be verified and expanded.

Table Annexed To Article: Were Early Arrivers In Philadelphia More Likely To Support The Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Table annexed in support of Article: Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Arrival of the delegates may be matched with support for or opposition to the Constitution. The eagerness of the delegates supporting a new constitution to go to work is demonstrated.

Were Early Arrivers In Philadelphia More Likely To Support The Constitution?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Arrival of the delegates may be matched with support for or opposition to the Constitution. The eagerness of the delegates supporting a new constitution to go to work is demonstrated.

Building Democracy In Japan, Mary Alice Haddad

Mary Alice Haddad

How is democracy made real? How does an undemocratic country create new institutions and transform its polity such that democratic values and practices become integral parts of its political culture? These are some of the most pressing questions of our times, and they are the central inquiry of Building Democracy in Japan. Using the Japanese experience as starting point, this book develops a new approach to the study of democratization that examines state-society interactions as a country adjusts its existing political culture to accommodate new democratic values, institutions and practices. With reference to the country's history, the book focuses on …