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Articles 1 - 15 of 15
Full-Text Articles in Law
The Enduring Constitution: A Bicentennial Perspective, Robert F. Drinan
The Enduring Constitution: A Bicentennial Perspective, Robert F. Drinan
Michigan Law Review
A Review of The Enduring Constitution: A Bicentennial Perspective by Jethro K. Lieberman
Reconstituting "Original Intent": A Constitutional Law Encyclopedia For The Next Century, David M. Skover
Reconstituting "Original Intent": A Constitutional Law Encyclopedia For The Next Century, David M. Skover
Michigan Law Review
A Review of Encyclopedia of the American Constitution by Leonard Levy, Kenneth Karst and Dennis Mahoney
The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes
The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes
Michigan Law Review
A Review of American Constitutional Interpretation by Walter Murphy, James Fleming and William Harris, II
A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar
A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar
Michigan Law Review
This article attempts that task by exploring the elements of institutional choice in constitutional law. Part I takes an overview of the general division of decisionmaking responsibility between the political processes and the courts. It also examines the failures of existing theories to take account of this division of responsibility. Part II identifies two theories of political malfunction - those circumstances in which political processes are subject to significant doubt or distrust and, therefore, prime candidates for judicial review. Part III examines the characteristics - limits, biases, and abilities - of the judiciary and the potential for judicial response to …
The Search For An Author: Shakespeare And The Framers, James Boyle
The Search For An Author: Shakespeare And The Framers, James Boyle
Faculty Scholarship
No abstract provided.
The Ninth Amendment's Role In The Evolution Of Fundamental Rights Jurisprudence, Geoffrey G. Slaughter
The Ninth Amendment's Role In The Evolution Of Fundamental Rights Jurisprudence, Geoffrey G. Slaughter
Indiana Law Journal
No abstract provided.
Judicial Conscience And Natural Rights: A Reply To Professor Ledewitz, Harry V. Jaffa
Judicial Conscience And Natural Rights: A Reply To Professor Ledewitz, Harry V. Jaffa
Seattle University Law Review
In our Spring 1987 issue, Professor Jaffa authored an essay in which he posited that the fundamental principles of equality and other tenets of natural law expressed in the Declaration of Independence were originally intended to be the principles of the Constitution of 1787 Professor Jaffa asserted that while the Framers believed in the "law of nature and nature's God," many contemporary constitutional thinkers, including fellow conservatives Chief Justice William Rehnquist and Attorney General Edwin Meese, do not. Thus, Jaffa argued, those conservatives "who today most aggressively appeal to the doctrine of original intent are among its most resolute antagonists." …
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Articles
There are many good things in the Constitution, but the vice-presidency isn't one of them. In Part I of this essay, I will argue that there are three basic problems with the vice-presidency: the method of nomination, the method of election, and the office itself. That just about covers the waterfront.' If we had to do it all over again, we almost certainly would not" create the system we currently have. We cannot undo history, but we do have a very strong incentive to develop a better system of succession to the presidency. Whom we choose as vice-president is a …
Marriage, Procreation, And The Prisoner: Should Reproductive Alternatives Survive During Incarceration?, Jacqueline B. Deoliveira
Marriage, Procreation, And The Prisoner: Should Reproductive Alternatives Survive During Incarceration?, Jacqueline B. Deoliveira
Touro Law Review
No abstract provided.
U.S. Supreme Court: The 1987-88 Term (Part Ii), Paul C. Giannelli
U.S. Supreme Court: The 1987-88 Term (Part Ii), Paul C. Giannelli
Faculty Publications
No abstract provided.
U.S. Supreme Court: The 1987-88 Term (Part I), Paul C. Giannelli
U.S. Supreme Court: The 1987-88 Term (Part I), Paul C. Giannelli
Faculty Publications
No abstract provided.
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar
Faculty Scholarship
No abstract provided.
The President’S Powers As Commander-In-Chief Versus Congress’ War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne
The President’S Powers As Commander-In-Chief Versus Congress’ War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Reconstructing The Takings Doctrine By Redefining Property And Sovereignty, John Martinez
Reconstructing The Takings Doctrine By Redefining Property And Sovereignty, John Martinez
Fordham Urban Law Journal
In 1987, the Supreme Court decided three cases involving "takings" challenges to governmental exercise of the power to control land use. This trilogy of cases affirmed the continuing validity of a three-part analytical model in addressing the takings problem: (1) is private property involved; (2) has governmental action so affected it as to require a remedy; and (3) what remedy should be provided? This Article critically examines that model and argues that the first two questions are fundamentally indistinguishable and that to treat them as distinct inquiries is unworkable. The Article then proposes a functional approach under which individuals are …
A Preface To Constitutional Theory, David B. Lyons
A Preface To Constitutional Theory, David B. Lyons
Faculty Scholarship
We have a plethora of theories about judicial review, including theories about theories, but their foundations require stricter scrutiny. This Essay presents some aspects of the problem through an examination of two important and familiar ideas about judicial review.
The controversy over "noninterpretive" review concerns the propriety of courts' deciding constitutional cases by using extraconstitutional norms. But the theoretical framework has not been well developed and appears to raise the wrong questions about judicial review. Thayer's doctrine of extreme judicial deference to the legislature has received much attention, but his reasoning has been given less careful notice. Thayer's rule rests …