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Articles 1 - 21 of 21
Full-Text Articles in Jurisprudence
Re-Balancing State And Federal Power: Toward A Political Principle Of Subsidiarity In The United States, Jared Bayer
Re-Balancing State And Federal Power: Toward A Political Principle Of Subsidiarity In The United States, Jared Bayer
American University Law Review
No abstract provided.
The Constitutionalization Of Quebec Libel Law, 1848-2004, Joseph Kary
The Constitutionalization Of Quebec Libel Law, 1848-2004, Joseph Kary
Osgoode Hall Law Journal
In 1848, a Quebec judge changed the law of defamation to accord with the newly-applicable constitutional right to freedom of speech. His decision and those that followed seem strange now that the Supreme Court of Canada has held that Charter rights do not apply to private law. These decisions show that the constitutionalization of libel law was not an American innovation, but rather one that emerged in Canada over a century earlier. This article analyzes the Quebec cases in detail, and suggests that they were grounded in liberal ideas about the British Constitution that were prevalent in Lower Canada at …
Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer Overton
Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer Overton
Washington and Lee Law Review
No abstract provided.
Monolith Or Mosaic: Can The Federal Communications Commission Legitimately Pursue A Repetition Of Local Content At The Expense Of Local Diversity?, Cheryl A. Leanza
Monolith Or Mosaic: Can The Federal Communications Commission Legitimately Pursue A Repetition Of Local Content At The Expense Of Local Diversity?, Cheryl A. Leanza
American University Law Review
No abstract provided.
Does History Defeat Standing Doctrine?, Ann Woolhandler, Caleb Nelson
Does History Defeat Standing Doctrine?, Ann Woolhandler, Caleb Nelson
Michigan Law Review
According to the Supreme Court, the Federal Constitution limits not only the types of matters that federal courts can adjudicate, but also the parties who can bring those matters before them. In particular, the Court has held that private citizens who have suffered no concrete private injury lack standing to ask federal courts to redress diffuse harms to the public at large. When such harms are justiciable at all, the proper party plaintiff is the public itself, represented by an authorized officer of the government. Although the Court claims historical support for these ideas, academic critics insist that the law …
The Constitution At The Threshold Of Life And Death: A Suggested Approach To Accommodate An Interest In Life And A Right To Die, Michael P. Allen
The Constitution At The Threshold Of Life And Death: A Suggested Approach To Accommodate An Interest In Life And A Right To Die, Michael P. Allen
American University Law Review
In the past fifteen years, the United States Supreme Court has decided three cases in which it tentatively began to explore what the United States Constitution has to say about issues that are popularly described as the "right to die." In this article, I suggest that the current state of constitutional analysis does not provide for an effective mechanism for securing an individual's "right to die," at least not without undervaluing a state's interest in the preservation of human life should a state choose to take such a position. In the article, I suggest that it is possible to adopt …
Marbury V. Madison As The First Great Administrative Law Decision, 37 J. Marshall L. Rev. 481 (2004), Thomas W. Merrill
Marbury V. Madison As The First Great Administrative Law Decision, 37 J. Marshall L. Rev. 481 (2004), Thomas W. Merrill
UIC Law Review
No abstract provided.
Family Leave Policies Trump States Rights: Nevada Department Of Human Resources V. Hibbs And Its Impact Of Sovereign Immunity Jurisprudence, 37 J. Marshall L. Rev. 599 (2004), Jana L. Tibben
UIC Law Review
No abstract provided.
The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald
The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald
UIC Law Review
No abstract provided.
State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead
State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead
UIC Law Review
No abstract provided.
Avoidable Due Process Confusion: Special Use Hearings In Illinois After Klaeren, 38 J. Marshall L. Rev. 609 (2004), James C. Munson, Christi J. Guerrini
Avoidable Due Process Confusion: Special Use Hearings In Illinois After Klaeren, 38 J. Marshall L. Rev. 609 (2004), James C. Munson, Christi J. Guerrini
UIC Law Review
No abstract provided.
Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck
Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck
UIC Law Review
No abstract provided.
Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken
Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken
UIC Law Review
No abstract provided.
The Province Of The Judiciary, 37 J. Marshall L. Rev. 325 (2004), William E. Nelson
The Province Of The Judiciary, 37 J. Marshall L. Rev. 325 (2004), William E. Nelson
UIC Law Review
No abstract provided.
The Pace And Cause Of Change, 37 J. Marshall L. Rev. 357 (2004), Larry D. Kramer
The Pace And Cause Of Change, 37 J. Marshall L. Rev. 357 (2004), Larry D. Kramer
UIC Law Review
No abstract provided.
The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman
The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman
UIC Law Review
No abstract provided.
The Domestic Security Enhancement Act Of 2003: A Glimpse Into A Post-Patriot Act Approach To Combating Domestic Terrorism, 38 J. Marshall L. Rev. 327 (2004), Timothy Scahill
UIC Law Review
No abstract provided.
Finding Religion For The First Amendment, 38 J. Marshall L. Rev. 469 (2004), Troy L. Booher
Finding Religion For The First Amendment, 38 J. Marshall L. Rev. 469 (2004), Troy L. Booher
UIC Law Review
No abstract provided.
Permitted But Not Intended: Boub V. Township Of Wayne, Municipal Tort Immunity In Illinois, And The Right To Local Travel, 38 J. Marshall L. Rev. 545 (2004), Bruce Epperson
UIC Law Review
No abstract provided.
Constitutional Hardball, 37 J. Marshall L. Rev. 523 (2004), Mark Tushnet
Constitutional Hardball, 37 J. Marshall L. Rev. 523 (2004), Mark Tushnet
UIC Law Review
No abstract provided.
Rethinking Campaign-Finance Reform: The Pressing Need For Deregulation And Disclosure, 38 J. Marshall L. Rev. 633 (2004), Cecil C. Kuhne Iii
Rethinking Campaign-Finance Reform: The Pressing Need For Deregulation And Disclosure, 38 J. Marshall L. Rev. 633 (2004), Cecil C. Kuhne Iii
UIC Law Review
No abstract provided.