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Full-Text Articles in Law
Constitutional Structure, Institutional Relationships And Text: Revisiting Charles Black's White Lectures, Richard C. Boldt
Constitutional Structure, Institutional Relationships And Text: Revisiting Charles Black's White Lectures, Richard C. Boldt
Faculty Scholarship
Fundamental questions about constitutional interpretation and meaning invite a close examination of the complicated origins and the subsequent elaboration of the very structure of federalism. The available records of the Proceedings in the Federal Convention make clear that the Framers entertained two approaches to delineating the powers of the central government relative to those retained by the states. The competing approaches, one reliant on a formalist enumeration of permissible powers, the other operating functionally on the basis of a broad dynamic concept of state incompetence and national interest, often are presented as mutually inconsistent narratives. In fact, these two approaches …
Modeling Narrowest Grounds, Maxwell Stearns
Modeling Narrowest Grounds, Maxwell Stearns
Faculty Scholarship
The Supreme Court’s doctrinal statements governing nonmajority opinions demonstrate inconsistencies and confusion belied by the Justices’ behaviors modeling the narrowest grounds doctrine. And yet, lower courts are bound by stated doctrine, beginning with Marks v. United States, not rules of construction inferred from judicial conduct. This Article simplifies the narrowest grounds rule, reconciling doctrinal formulations with observed behaviors, avoiding the implicit command: “Watch what we do, not what we say.”
The two most recent cases considering Marks, Ramos v. Louisiana and Hughes v. United States, obfuscate three central features: (1) when the doctrine does or does not …
Little Sisters Of The Poor V. Pennsylvania: The Not So Little Effect Of Interfering With The Aca's Contraceptive Mandate, Sabrina Rubis
Little Sisters Of The Poor V. Pennsylvania: The Not So Little Effect Of Interfering With The Aca's Contraceptive Mandate, Sabrina Rubis
Women, Leadership & Equality
No abstract provided.
Constitutional Norm Entrepreneuring, Oren Tamir
Constitutional Norm Entrepreneuring, Oren Tamir
Maryland Law Review
No abstract provided.
What Makes An American Constitutional Revolution, And Are We Having One?, Carol Nackenoff
What Makes An American Constitutional Revolution, And Are We Having One?, Carol Nackenoff
Maryland Law Review
No abstract provided.
Constitutional Revolution: A Path Towards Equitable Representation, Chris Chambers Goodman
Constitutional Revolution: A Path Towards Equitable Representation, Chris Chambers Goodman
Maryland Law Review
No abstract provided.
Emergency Unamendability: Limitations On Constitutional Amendment In Extreme Conditions, Richard Albert, Yaniv Roznai
Emergency Unamendability: Limitations On Constitutional Amendment In Extreme Conditions, Richard Albert, Yaniv Roznai
Maryland Law Review
No abstract provided.
Counter-Majoritarian Constitutional Hardball, Robinson Woodward-Burns
Counter-Majoritarian Constitutional Hardball, Robinson Woodward-Burns
Maryland Law Review
No abstract provided.
Essentially Contested Constitutional Revolutions, Mark A. Graber
Essentially Contested Constitutional Revolutions, Mark A. Graber
Maryland Law Review
No abstract provided.
"Revolution" At The Capitol: How Law Hindered The Response To The Events Of January 6, 2021, Jill I. Goldenziel
"Revolution" At The Capitol: How Law Hindered The Response To The Events Of January 6, 2021, Jill I. Goldenziel
Maryland Law Review
No abstract provided.