Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Supreme Court (2)
- 2004 Supreme Court term (1)
- American History (1)
- Chemerinsky (1)
- Chief justice (1)
-
- Civil War (1)
- Composition of the court (1)
- Congress enforcement power (1)
- Conservative court (1)
- Constitutional Rights (1)
- Constitutional rulings (1)
- Erwin Chemerinsky (1)
- Federal power (1)
- Federal statute (1)
- Fourteenth amendment (1)
- Gonzales v. Raich (1)
- Individual Rights (1)
- Ineffective assistance of counsel (1)
- Judicial activism (1)
- Judicial deference (1)
- Justice Breyer (1)
- Justice Scalia (1)
- Marshall Court (1)
- McCreary County v. ACLU (1)
- Moderate court (1)
- New justices (1)
- Progressive court (1)
- Rehnquist (1)
- Rehnquist Court (1)
- Rehnquist era (1)
Articles 1 - 3 of 3
Full-Text Articles in Judges
Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng
Michael P. Seng
No abstract provided.
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
James L. Kainen
During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …