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Jurisprudence Commons

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Articles 1 - 18 of 18

Full-Text Articles in Jurisprudence

Homegrown Child Pornography And The Commerce Clause: Where To Draw The Line On Interstate Production Of Child Pornography, Lauren Bianchini Dec 2005

Homegrown Child Pornography And The Commerce Clause: Where To Draw The Line On Interstate Production Of Child Pornography, Lauren Bianchini

American University Law Review

No abstract provided.


Testing Minimalism: A Reply, Cass R. Sunstein Oct 2005

Testing Minimalism: A Reply, Cass R. Sunstein

Michigan Law Review

Some judges are less ambitious than others; they have minimalist tendencies. Minimalists are unambitious along two dimensions. First, they seek to rule narrowly rather than broadly. In a single case, they do not wish to resolve other, related problems that might have relevant differences. They are willing to live with the costs and burdens of uncertainty, which they tend to prefer to the risks of premature resolution of difficult issues. Second, minimalists seek to rule shallowly rather than deeply, in the sense that they favor arguments that do not take a stand on the foundational debates in law and politics. …


A Theory In Search Of A Court, And Itself: Judicial Minimalism At The Supreme Court Bar, Neil S. Siegel Aug 2005

A Theory In Search Of A Court, And Itself: Judicial Minimalism At The Supreme Court Bar, Neil S. Siegel

Michigan Law Review

According to the prevailing wisdom in academic public law, constitutional theory is a field that seeks to articulate and evaluate abstract accounts of the nature of the United States Constitution. Theorists offer those accounts as guides to subsequent judicial construction of constitutional provisions. As typically conceived, therefore, constitutional theory tends to proceed analytically from the general to the particular; its animating idea is that correct decisions in constitutional cases presuppose theoretical commitments to the methodological principles that should guide constitutional interpretation and the substantive values such interpretation should advance. In its enthusiasm for abstraction, constitutional theory has, at times, generated …


Saving Section 5: Lessons From Consent Decrees And Ex Parte Young, Pratik A. Shah Jun 2005

Saving Section 5: Lessons From Consent Decrees And Ex Parte Young, Pratik A. Shah

Washington and Lee Law Review

No abstract provided.


Against Interpretive Supremacy, Saikrishna Prakash, John Yoo May 2005

Against Interpretive Supremacy, Saikrishna Prakash, John Yoo

Michigan Law Review

Many constitutional scholars are obsessed with judicial review and the many questions surrounding it. One perennial favorite is whether the Constitution even authorizes judicial review. Another is whether the other branches of the federal government must obey the Supreme Court's interpretation of the Constitution and what, if anything, the other branches must do to execute the judiciary's judgments. Marbury v. Madison has been a full-employment program for many constitutional law scholars, including ourselves. Larry Kramer, the new Dean of Stanford Law School, shares this passion. He has devoted roughly the last decade of his career, with two lengthy law review …


The Nyse As State Actor?: Rational Actors, Behavioral Insights & Joint Investigations, Steven J. Cleveland Jan 2005

The Nyse As State Actor?: Rational Actors, Behavioral Insights & Joint Investigations, Steven J. Cleveland

American University Law Review

No abstract provided.


Don't Ask, Don't Tell, Don't Work: The Discriminatory Effect Of Veterans' Preferences On Homosexuals, 38 J. Marshall L. Rev. 1083 (2005), Louis J. Virelli Iii Jan 2005

Don't Ask, Don't Tell, Don't Work: The Discriminatory Effect Of Veterans' Preferences On Homosexuals, 38 J. Marshall L. Rev. 1083 (2005), Louis J. Virelli Iii

UIC Law Review

No abstract provided.


In The Wake Of Gratz V. Bollinger: Standing On Thin Ice, 38 J. Marshall L. Rev. 1037 (2005), Zubaida Qazi Jan 2005

In The Wake Of Gratz V. Bollinger: Standing On Thin Ice, 38 J. Marshall L. Rev. 1037 (2005), Zubaida Qazi

UIC Law Review

No abstract provided.


American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley Jan 2005

American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley

UIC Law Review

No abstract provided.


Death By A Thousand Signatures: The Rise Of Restrictive Ballot Access Laws And The Decline Of Electoral Competition In The United States, Oliver Hall Jan 2005

Death By A Thousand Signatures: The Rise Of Restrictive Ballot Access Laws And The Decline Of Electoral Competition In The United States, Oliver Hall

Seattle University Law Review

This Article explores one instance of the countermajoritarian problem in American democracy: how to protect the rights of minor parties and independent candidates participating in an electoral system dominated by two major parties. In particular, this Article focuses on the effect of modern ballot access laws on candidates' rights, arguing that courts ought to treat these laws as a presumptively impermissible form of "collusion in restraint of democracy." Although the article borrows the language of antitrust law, this argument is rooted in core constitutional principles and rights guaranteed under the First and Fourteenth Amendments. Nevertheless, the analogy to antitrust law …


Beyond The Conventional Establishment Clause Narrative, Richard Albert Jan 2005

Beyond The Conventional Establishment Clause Narrative, Richard Albert

Seattle University Law Review

The article reviews of jurisprudence offers a systematic look at every Establishment Clause case to have reached the docket of the United States Supreme Court since 1947. That year is of particular significance, for it marks the incorporation of the Establishment Clause, which the Court articulated in its influential establishment case, Everson v. Board of Education. Through the intervening years there have been a total of forty-six other cases-forty-seven in total-in which establishment issues constituted the core legal quandary. The article poses two questions as it reviews the Court's opinion in each suit: (1) In contemplating the meaning of …


Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel Jan 2005

Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel

UIC Law Review

No abstract provided.


Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler Jan 2005

Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler

UIC Law Review

No abstract provided.


Symposium: Feminist Theory And The Erosion Of Women's Reproductive Rights: The Implications Of Fetal Personhood Laws And In Vitro Fertilization, Lisa Mclennan Brown Jan 2005

Symposium: Feminist Theory And The Erosion Of Women's Reproductive Rights: The Implications Of Fetal Personhood Laws And In Vitro Fertilization, Lisa Mclennan Brown

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Violating The Inviolable: Firearm Industry Retroactive Exemptions And The Need For A New Test For Overreaching Federal Prohibitions, 38 J. Marshall L. Rev. 955 (2005), James L. Daniels Jan 2005

Violating The Inviolable: Firearm Industry Retroactive Exemptions And The Need For A New Test For Overreaching Federal Prohibitions, 38 J. Marshall L. Rev. 955 (2005), James L. Daniels

UIC Law Review

No abstract provided.


Does A Computer's Choice Of Where To Reside Implicate The Dormant Commerce Clause?, Robert J. Firestone Jan 2005

Does A Computer's Choice Of Where To Reside Implicate The Dormant Commerce Clause?, Robert J. Firestone

NYLS Law Review

No abstract provided.


Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko Jan 2005

Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko

NYLS Law Review

No abstract provided.


Habeas Corpus: Expired Conviction, Expired Relief: Can The Writ Of Habeas Corpus Be Used To Test The Constitutionality Of A Deportation Based On An Expired Conviction?, Joshua D. Smith Jan 2005

Habeas Corpus: Expired Conviction, Expired Relief: Can The Writ Of Habeas Corpus Be Used To Test The Constitutionality Of A Deportation Based On An Expired Conviction?, Joshua D. Smith

Oklahoma Law Review

No abstract provided.