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Articles 1 - 30 of 46
Full-Text Articles in Law
When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings, Douglas L. Colbert
When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings, Douglas L. Colbert
Faculty Scholarship
This article suggests that the absence of representation at the beginning of a State criminal prosecution must come to a screeching halt. The criminal defense bar should take a leadership role and dedicate Gideon's anniversary to making certain that an accused's right to the effective assistance of counsel begins at the initial bail hearing. Indeed, guaranteeing vigorous representation should be the defense bar's number one priority.
Foreign Precedents And The Global Canon: A Preliminary Exploration, Noga Morag-Levine, Barbara Bean
Foreign Precedents And The Global Canon: A Preliminary Exploration, Noga Morag-Levine, Barbara Bean
Schmooze 'tickets'
No abstract provided.
Liberalism And The Constitutional Canon: The 1960s And Its Aftermath, Christopher P. Matera
Liberalism And The Constitutional Canon: The 1960s And Its Aftermath, Christopher P. Matera
Schmooze 'tickets'
No abstract provided.
Making A Mountain Out Of A Molehill? Marbury And The Construction Of The Constitutional Canon, Amanda Rinderle, Keith E. Whittington
Making A Mountain Out Of A Molehill? Marbury And The Construction Of The Constitutional Canon, Amanda Rinderle, Keith E. Whittington
Schmooze 'tickets'
No abstract provided.
Canonizing Comparative Constitutionalism: Some Informal Suggestions For Our Schmooze, Sanford Levinson
Canonizing Comparative Constitutionalism: Some Informal Suggestions For Our Schmooze, Sanford Levinson
Schmooze 'tickets'
No abstract provided.
"Looking Over The Crowd And Picking Your Friends:" The Social World Of Legal Cases, Kim Lane Scheppele
"Looking Over The Crowd And Picking Your Friends:" The Social World Of Legal Cases, Kim Lane Scheppele
Schmooze 'tickets'
No abstract provided.
Grootboom And The One-Case (Or Country?) Canon On Social Rights, David Landau
Grootboom And The One-Case (Or Country?) Canon On Social Rights, David Landau
Schmooze 'tickets'
No abstract provided.
Lessons From The Anticanon (And Some Comparative Questions), Jamal Greene
Lessons From The Anticanon (And Some Comparative Questions), Jamal Greene
Schmooze 'tickets'
No abstract provided.
Comparative Constitutional Law: The Seventh Inning Problem, Tom Ginsburg
Comparative Constitutional Law: The Seventh Inning Problem, Tom Ginsburg
Schmooze 'tickets'
No abstract provided.
The Problem With Constitutional Borrowing: Imitation Is Not Necessarily The Sincerest Form Of Flattery, Gordon Silverstein
The Problem With Constitutional Borrowing: Imitation Is Not Necessarily The Sincerest Form Of Flattery, Gordon Silverstein
Schmooze 'tickets'
No abstract provided.
The Nordic Counternarrative: Democracy, Human Development, And Judicial Review, Ran Hirschl
The Nordic Counternarrative: Democracy, Human Development, And Judicial Review, Ran Hirschl
Schmooze 'tickets'
No abstract provided.
Indentifying The Canon From The Anticanon, Haider Ala Hamoudi
Indentifying The Canon From The Anticanon, Haider Ala Hamoudi
Schmooze 'tickets'
No abstract provided.
Grootboom At Home And Abroad: Adventures In The Construction Of A Global Constitutional Canon, Heinz Klug
Grootboom At Home And Abroad: Adventures In The Construction Of A Global Constitutional Canon, Heinz Klug
Schmooze 'tickets'
No abstract provided.
A Canon For Global Constitutionalism, Karol E. Soltan
A Canon For Global Constitutionalism, Karol E. Soltan
Schmooze 'tickets'
No abstract provided.
Federalism's Global Generality, Charlton C. Copeland
Federalism's Global Generality, Charlton C. Copeland
Schmooze 'tickets'
No abstract provided.
Thoughts Re "Canon" Of Comparative Constitutional Law, Vicki Jackson
Thoughts Re "Canon" Of Comparative Constitutional Law, Vicki Jackson
Schmooze 'tickets'
No abstract provided.
The Enforcement Of Socioeconomic Rights And The Global Constitutional Canon, Emily Zackin
The Enforcement Of Socioeconomic Rights And The Global Constitutional Canon, Emily Zackin
Schmooze 'tickets'
No abstract provided.
The Global Constitutional Canon: Some Preliminary Thoughts, Peter E. Quint
The Global Constitutional Canon: Some Preliminary Thoughts, Peter E. Quint
Schmooze 'tickets'
No abstract provided.
Veils, Politics, And Constitutionalism, Jill Goldenziel
Veils, Politics, And Constitutionalism, Jill Goldenziel
Schmooze 'tickets'
No abstract provided.
Dialogue And Constitutional Duty, Mark Tushnet
Dialogue And Constitutional Duty, Mark Tushnet
Schmooze 'tickets'
No abstract provided.
Abbott V. Abbott: Reviving Good Faith And Rejecting Ambiguity In Treaty Jurisprudence, Molly K. Madden
Abbott V. Abbott: Reviving Good Faith And Rejecting Ambiguity In Treaty Jurisprudence, Molly K. Madden
Maryland Law Review
No abstract provided.
Stare Decisis And Foreign Affairs, Michael P. Van Alstine
Stare Decisis And Foreign Affairs, Michael P. Van Alstine
Faculty Scholarship
This article examines whether the jurisprudential and institutional premises of the doctrine of stare decisis retain their validity in the field of foreign affairs. The proper role of the judicial branch in foreign affairs has provoked substantial scholarly debates—historical, institutional, normative—since the very founding of the republic. Precisely because of the sensitivity of the subject, the Supreme Court itself has both cautioned about the judicial branch’s comparative lack of expertise in the field and recognized a web of deference doctrines designed to protect against improvident judicial action. Notwithstanding all of this, however, neither the Supreme Court nor any scholar has …
Defining Corruption And Constitutionalizing Democracy, Deborah Hellman
Defining Corruption And Constitutionalizing Democracy, Deborah Hellman
Faculty Scholarship
The central front in the battle over campaign finance laws is the definition of corruption. The Supreme Court has allowed restrictions on giving and spending money in connection with elections only when they serve to avoid corruption or its appearance. The constitutionality of such laws, therefore, depends on how the Court defines corruption. Over the years, campaign finance cases have conceived of corruption in both broad and narrow terms, with the most recent cases defining it especially narrowly. While supporters and critics of campaign finance laws have argued for and against these different formulations, both sides have missed the more …
Redeeming And Living With Evil, Mark A. Graber
Redeeming And Living With Evil, Mark A. Graber
Faculty Scholarship
Jack Balkin’s Constitutional Redemption and Sandy Levinson’s Constitutional Faith understand the problem of constitutional evil quite differently than Dred Scott and the Problem of Constitutional Evil. Balkin and Levinson regard constitutional redemption and faith as rooted in the possibility that Americans will eventually defeat evil. Constitutional Evil takes the far more pessimistic view that evil will never be defeated. Constitutional faith and redemption in our permanently fallen state is rooted in the possibility that Americans will find ways of living with each other peaceably knowing that the price of union is the continual obligation to make what the abolitionist …
The Constitutional Bounding Of Adjudication: A Fuller(Ian) Explanation For The Supreme Court's Mass Tort Jurisprudence, Donald G. Gifford
The Constitutional Bounding Of Adjudication: A Fuller(Ian) Explanation For The Supreme Court's Mass Tort Jurisprudence, Donald G. Gifford
Faculty Scholarship
In this Article, I argue that the Supreme Court is implicitly piecing together a constitutionally mandated model of bounded adjudication governing mass torts, using decisions that facially rest on disparate constitutional provisions. This model constitutionally restricts common law courts from adjudicating the rights, liabilities, and interests of persons who are neither present before the court nor capable of being defined with a reasonable degree of specificity. I find evidence for this model in the Court’s separate decisions rejecting tort-based climate change claims, global settlements of massive asbestos litigation, and punitive damages awards justified as extra-compensatory damages. These new forms of …
Can He Legally Do That? Does The President Have Directive Authority Over Agency Regulatory Decisions?, Robert V. Percival
Can He Legally Do That? Does The President Have Directive Authority Over Agency Regulatory Decisions?, Robert V. Percival
Faculty Scholarship
No abstract provided.
Subtraction By Addition?: The Thirteenth And Fourteenth Amendments, Mark A. Graber
Subtraction By Addition?: The Thirteenth And Fourteenth Amendments, Mark A. Graber
Faculty Scholarship
The celebration of the Thirteenth Amendment in many Essays prepared for this Symposium may be premature. That the Thirteenth Amendment arguably protects a different and, perhaps, wider array of rights than the Fourteenth Amendment may be less important than the less controversial claim that the Fourteenth Amendment was ratified after the Thirteenth Amendment. If the Fourteenth Amendment covers similar ground as the Thirteenth Amendment, but protects a narrower set of rights than the Thirteenth Amendment, then the proper inference may be that the Fourteenth Amendment repealed or modified crucial rights originally protected by the Thirteenth Amendment. The broad interpretation of …
United States V. Klein, Then And Now, Gordon G. Young
United States V. Klein, Then And Now, Gordon G. Young
Faculty Scholarship
United States v. Klein, decided during Reconstruction, was the first Supreme Court case to invalidate a statutory restriction on federal courts’ jurisdiction. It is the only one to do so by finding a violation of Article III of the Constitution. Klein has been cited in thirty-three United States Supreme Court opinions, and roughly five hundred times each by lower federal courts and law journal articles. Recent commentators have read Klein both too broadly and narrowly. Its central holding is that Congress may not grant federal courts jurisdiction to decide a set of cases on the merits while depriving them …
The Constitutional Foundation For Federal Medical Liability Reform, Mark A. Behrens, Cary Silverman
The Constitutional Foundation For Federal Medical Liability Reform, Mark A. Behrens, Cary Silverman
Journal of Health Care Law and Policy
No abstract provided.
Surviving The Commerce Clause: How Maryland Can Square Its Renewable Energy Laws With The Federal Constitution, Anne Havemann
Surviving The Commerce Clause: How Maryland Can Square Its Renewable Energy Laws With The Federal Constitution, Anne Havemann
Maryland Law Review
No abstract provided.