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Full-Text Articles in Constitutional Law
Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra
Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra
Thiago Luís Santos Sombra
This essay propose an analysis about how Warren Court became one of the most particular in American History by confronting Jim Crow law, especially by applying the Bill of Rights. In this essay, we propose an analysis of how complex the unwritten Constitution is. Cases like Brown vs. Board of Education will be analyzed from a different point of view to understand the methods of the Court.
The Roberts Court And Penumbral Federalism, Edward Cantu
The Roberts Court And Penumbral Federalism, Edward Cantu
Catholic University Law Review
For several decades the Court has invoked “state dignity” to animate federalism reasoning in isolated doctrinal contexts. Recent Roberts Court decisions suggest that a focus on state dignity, prestige, status, and similar ethereal concepts—which derive from a “penumbral” reading of the Tenth Amendment—represent the budding of a different doctrinal approach to federalism generally. This article terms this new approach “penumbral federalism,” an approach less concerned with delineating state from federal regulatory turf, and more concerned with maintaining the states as viable competitors for the respect and loyalty of the citizenry.
After fleshing out what “penumbral federalism” is and its …
Less Mischief, Not None: Respecting Federalism, Respecting States And Respecting Judges In Diversity Jurisdiction Cases, Doris Deltosto Brogan
Less Mischief, Not None: Respecting Federalism, Respecting States And Respecting Judges In Diversity Jurisdiction Cases, Doris Deltosto Brogan
Doris DelTosto Brogan
Abstract: In 2009, the Court of Appeals for the Third Circuit decided Berrier v. Simplicity, a tragic, but otherwise modest personal injury diversity case that was brought under Pennsylvania products liability law. The Third Circuit predicted that Pennsylvania would adopt the Restatement (Third) of Torts, and abandon what everyone (including several members of the Pennsylvania Supreme Court) considered an incomprehensible products liability jurisprudence that had evolved under Pennsylvania’s interpretation of the Restatement (Second). But for five years the Pennsylvania Supreme Court did not adopt the Restatement (Third), despite several opportunities to do so. Yet during those years, the Third Circuit …