Law Commons^™

Teaching Comparative Perspectives In The Domestic Constitutional Law Class: A Step-By-Step Primer, Mark S. Kende

Journal of Legal Education

No abstract provided.

Snyder V. Phelps: The Destruction Of The Equilibrium Between The Right To Free Speech And The Right To Protection From It, Stewart Berkeley

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Snyder V. Phelps: Finding The Light At The End Of The Tort, Brendan Mackesey

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Snyder V. Phelps: The Demise Of Constitutional Avoidance, Emily Horowitz

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

The Framers' Intent: John Adams, His Era, And The Fourth Amendment, Thomas K. Clancy

Indiana Law Journal

No abstract provided.

Book Review Of A Good Quarrel: America's Top Legal Reporters Share Stories From Inside The Supreme Court, By Timothy R. Johnson And Jerry Goldman, Molly Selvin

Journal of Legal Education

No abstract provided.

Resolving Conflicts Of Constitution: Inside The Dominican Republic's Constitutional Ban On Abortion, Mia So

Indiana Law Journal

No abstract provided.

Peter Aucoin, Mark D.Jarvis &Lori Turnbull, Democratizing The Constitution: Reforming Responsible Government, Gregory Tardi

Dalhousie Law Journal

In the aftermath of the Prorogation of Parliament on December 4, 2008, upon the advice of Prime Minister Stephen Harper to then Governor General Michaelle Jean, a particular theme in Canadian literature about governance has flourished. This theme is the influence ofconstitutionalism, democracy and legitimacy on government and politics. In the view of many scholars there is a serious imbalance between the executive branch on one hand and the legislative branch on the other. The sense ofimbalance has generated proposals for changes to the practice of Westminster-style parliamentary democracy in the service of democratic legitimacy.

Protecting Your Rights, But Not Your Paycheck: How Executive Compensation Regulation Passes Constitutional Muster, Sarah B. Patterson

West Virginia Law Review

No abstract provided.

Joe The Ploughman Reads The Constitution, Or, The Poverty Of Public Meaning Originalism, Jack N. Rakove

San Diego Law Review

Originalism is hot. A couple of decades ago, one might have thought that its death knell had sounded when the Supreme Court nomination of Robert Bork failed in the Senate. Although one wondered exactly what kind of originalism Justice Bork might have performed in practice, he was regarded as the theory's leading academic spokesman, and the defeat of his nomination might have served as a fatal blow to the cause. Within a few years, however, Justice Antonin Scalia published his lecture Originalism: The Lesser Evil, signaling that the cause remained alive and well. Although Justice Scalia's views of the practice …

Lochner, Lawrence, And Liberty, Joseph F. Morrissey

Georgia State University Law Review

Many of the states of the United States have statutes, constitutional provisions, and court decisions that deny individuals the right to have a family, specifically a spouse and children, based on sexual orientation.

Advocates have made a wide variety of arguments attacking such restrictions. Scholars and litigants frequently argue that such acts violate constitutional guarantees of equal protection or invade a constitutional right to privacy. However, such arguments are often defeated by counter arguments presented with religious, moral, and even emotional fervor.

This article presents and defends a new analytical framework based on liberty of contract to advance gay rights. …

Can Congress Make A President Step Up A War?, Charles Tiefer

Louisiana Law Review

No abstract provided.

Advice And Consent Vs. Silence And Dissent? The Contrasting Roles Of The Legislature In U.S. And U.K. Judicial Appointments, Mary L. Clark

Louisiana Law Review

No abstract provided.

Terrorizing Academia, Joseph Margulies, Hope Metcalf

Journal of Legal Education

No abstract provided.

The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies

Journal of Legal Education

No abstract provided.

Book Review Of Louis D. Brandeis: A Life, By Melvin I. Urofsky, Robert W. Gordon

Journal of Legal Education

No abstract provided.

Book Review Of Broken Landscape: Indians, Indian Tribes, And The Constitution, By Frank Pommersheim, Angela R. Riley

Journal of Legal Education

No abstract provided.

First Amendment Investigations And The Inescapable Pragmatism Of The Common Law Of Free Speech, Lawrence Rosenthal

Indiana Law Journal

No abstract provided.

“A Decent Respect To The Opinions Tf [Human]Kind”: The Value Of A Comparative Perspective In Constitutional Adjudication , Ruth Bader Ginsburg

American University International Law Review

No abstract provided.

Signing Unconstitutional Laws, William Baude

Indiana Law Journal

It has become fairly common for Presidents to sign laws that they think are unconstitutional, at least in part. Some scholars argue that this is unconstitutional. Others defend it, but on pragmatic grounds, as if one cannot afford to be a constitutional formalist in today’s government.

Both sides are wrong. In a wide range of cases, there is nothing wrong with signing unconstitutional laws. Indeed, it is required. Yet the President must exercise this power responsibly. He must have other constitutional duties that justify signing the remainder of the bill into law, and he must be prepared to use his …

The End Of Innocence? Federal Habeas Corpus Law After In Re Davis, Joshua M. Lott

Georgia State University Law Review

“This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent.” Justice Scalia may already be well known for a strict approach to statutory construction, but his dissenting statement in the 2009 Supreme Court decision, In re Davis, caused quite a buzz among national media. Although callous in appearance, Justice Scalia’s words provide a technically correct reading of Supreme Court precedent and federal habeas corpus law: actual innocence is not a recognized claim of …

Epilog: Foreign Sovereign Immunity At Home And Abroad, Ingrid Wuerth

Vanderbilt Journal of Transnational Law

Every author writing on U.S. law for this symposium notes that the extent to which the Executive Branch can make binding immunity determinations is an important issue going forward. In addition to Legal Adviser Koh, two other authors address this issue directly. Professor Peter Rutledge provides a typology of the various roles that the Executive Branch might play in immunity (and other) cases, distinguishing in particular between views articulated by the Executive Branch independently of ongoing litigation, and those expressed with respect to particular pending cases. And Lewis Yelin of the Department of Justice has contributed a major, comprehensive article …

The Constitutional Politics Of Presidential Succession, Richard Albert

Hofstra Law Review

The current line of presidential succession is no safer than playing presidential roulette. It imprudently privileges politics and tradition over competence and leadership. We should rethink the rules that currently govern succession to the Presidency – legal and constitutional rules that, in my view, serve the wrong institutional and political interests. The task I have given myself in these pages is to propose and defend an alternative to the current presidential succession regime: revising the order of succession to insert former living presidents – in reverse chronological order of service beginning with former presidents of the same party as the …

Apprendi Land Becomes Bizarro World: Policy Nullification And Other Surreal Doctrines In The New Constitutional Law Of Sentencing, Benjamin J. Priester

Santa Clara Law Review

No abstract provided.