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Full-Text Articles in Jurisprudence

Bait And Switch: Why United States V. Morrison Is Wrong About Section Five, Kermit Roosevelt Iii Jan 2015

Bait And Switch: Why United States V. Morrison Is Wrong About Section Five, Kermit Roosevelt Iii

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As the title suggests, the article examines Morrison’s creation of the rule that the Section Five power cannot be used to regulate private individuals. This is one of the most meaningful and, thus far, durable constraints that the Court has placed on federal power. It is the more surprising, then, that it turns out to be based on essentially nothing at all. The Morrison Court asserted that its rule was derived by—indeed, “controlled by”—precedent, but a closer reading of the Reconstruction-era decisions it cites shows that this is simply not the case. An independent evaluation of the rule against regulation …


Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee Jan 2014

Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee

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Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to …


What If Slaughter-House Had Been Decided Differently?, Kermit Roosevelt Iii Jan 2011

What If Slaughter-House Had Been Decided Differently?, Kermit Roosevelt Iii

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In The Slaugherhouse Cases, the Supreme Court gutted the Privileges or Immunities Clause of the Fourteenth Amendment. Though academics continue to argue that Slaughterhouse was wrongly decided and should be overruled, the practical consequences of doing so might not be enormous. The constitutional rights the dissenters found in the Privileges or Immunities Clause are part of our current law anyway, through the Due Process and Equal Protection Clauses. But this does not mean that Slaughterhouse cost us nothing. This article explores how our law might be different had Slaughterhouse been decided differently. Rather than taking up the role that Privileges …


Forget The Fundamentals: Fixing Substantive Due Process, Kermit Roosevelt Iii Jan 2006

Forget The Fundamentals: Fixing Substantive Due Process, Kermit Roosevelt Iii

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No abstract provided.


The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer Jul 1997

The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer

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No abstract provided.


Principled Silence, Tobias Barrington Wolff Jan 1996

Principled Silence, Tobias Barrington Wolff

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No abstract provided.


The Proposed Equal Protection Fix For Abortion Law: Reflections On Citizenship, Gender, And The Constitution, Anita L. Allen Jan 1995

The Proposed Equal Protection Fix For Abortion Law: Reflections On Citizenship, Gender, And The Constitution, Anita L. Allen

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No abstract provided.


The Law Of Choice And Choice Of Law: Abortion, The Right To Travel, And Extraterritorial Regulation In American Federalism, Seth F. Kreimer Jan 1992

The Law Of Choice And Choice Of Law: Abortion, The Right To Travel, And Extraterritorial Regulation In American Federalism, Seth F. Kreimer

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No abstract provided.


Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen Jan 1992

Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen

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No abstract provided.


Tribe's Judicious Feminism, Anita L. Allen Nov 1991

Tribe's Judicious Feminism, Anita L. Allen

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No abstract provided.


Mark Tushnet On Liberal Constitutional Theory: Mission Impossible, Frank Goodman Jan 1989

Mark Tushnet On Liberal Constitutional Theory: Mission Impossible, Frank Goodman

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No abstract provided.


Reading The Mind Of The School Board: Segregative Intent And The De Facto/De Jure Distinction, Seth F. Kreimer Jan 1976

Reading The Mind Of The School Board: Segregative Intent And The De Facto/De Jure Distinction, Seth F. Kreimer

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No abstract provided.


The Court Acknowledges The Illegitimate: Levy V. Louisiana And Glona V. American Guarantee & Liability Insurance Co., John C. Gray Jr., David Rudovsky Jan 1969

The Court Acknowledges The Illegitimate: Levy V. Louisiana And Glona V. American Guarantee & Liability Insurance Co., John C. Gray Jr., David Rudovsky

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No abstract provided.