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Articles 1 - 6 of 6
Full-Text Articles in Constitutional Law
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
All Faculty Scholarship
A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …
Taking Text Too Seriously: Modern Textualism, Original Meaning, And The Case Of Amar's Bill Of Rights, William Michael Treanor
Taking Text Too Seriously: Modern Textualism, Original Meaning, And The Case Of Amar's Bill Of Rights, William Michael Treanor
Michigan Law Review
Championed on the Supreme Court by Justice Scalia and Justice Thomas and in academia most prominently by Professor Akhil Amar textualism has emerged within the past twenty years as a leading school of constitutional interpretation. Textualists argue that the Constitution should be interpreted in accordance with its original public meaning, and in seeking that meaning, they closely parse the Constitution's words and grammar and the placement of clauses in the document. They have assumed that this close parsing recaptures original meaning, but, perhaps because it seems obviously correct, that assumption has neither been defended nor challenged. This Article uses Professor …
Rendition To Torture: The Case Of Maher Arar: Hearing Before The H. Comm. On Foreign Affairs,, 110th Cong., Oct. 18, 2007 (Statement Of David D. Cole, Geo. U. L. Center), David Cole
Testimony Before Congress
No abstract provided.
Slides: Meaningful Engagement: The Public's Role In Resource Decisions, Mark Squillace
Slides: Meaningful Engagement: The Public's Role In Resource Decisions, Mark Squillace
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
22 slides
Civil Rights And Related Decisions, Eileen Kaufman
Civil Rights And Related Decisions, Eileen Kaufman
Scholarly Works
No abstract provided.
Judicial Review Of Thirteenth Amendment Legislation: 'Congruence And Proportionality' Or 'Necessary And Proper'?, William M. Carter Jr.
Judicial Review Of Thirteenth Amendment Legislation: 'Congruence And Proportionality' Or 'Necessary And Proper'?, William M. Carter Jr.
Articles
The Thirteenth Amendment has relatively recently been rediscovered by scholars and litigants as a source of civil rights protections. Most of the scholarship focuses on judicial enforcement of the Amendment in lawsuits brought by individuals. However, scholars have paid relatively little attention as of late to the proper scope of congressional action enforcing the Amendment. The reason, presumably, is that it is fairly well settled that Congress enjoys very broad authority to determine what constitutes either literal slavery or, to use the language of Jones v. Alfred H. Mayer Co., a "badge or incident of slavery" falling within the Amendment's …