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Articles 1 - 14 of 14
Full-Text Articles in Legal History
On War And Justice, Jeffrey C. Tuomala
On War And Justice, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Rehabilitating Federalism, Erwin Chemerinsky
Rehabilitating Federalism, Erwin Chemerinsky
Michigan Law Review
A Review of To Make a Nation: The Rediscovery of American Federalism by Samuel H. Beer
Executive Detention In Time Of War, Richard A. Posner
Executive Detention In Time Of War, Richard A. Posner
Michigan Law Review
A Review of In the Highest Degree Odious: Detention Without Trial in Wartime Britain by A.W. Brian Simpson
Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen
Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen
Michigan Law Review
The purpose of this essay is to cast doubt on two basic elements of the received historical wisdom concerning the privilege as it applies to British North America and the early United States. First, early American criminal procedure reflected less tenderness toward the silence of the criminal accused than the received wisdom has claimed. The system could more reasonably be said to have depended on self-incrimination than to have eschewed it, and this dependence increased rather than decreased during the provincial period for reasons intimately connected with the economic and social context of the criminal trial in colonial America.
Second, …
The History Of Statutory Compilations In Pennsylvania, Joel Fishman
The History Of Statutory Compilations In Pennsylvania, Joel Fishman
Joel Fishman
This article deals with the history of both unofficial and official statutory compilations (chronological and topical) in Pennsylvania.
On War And Justice, Jeffrey C. Tuomala
Writing Supreme Court Biography: A Single Lens View Of A Nine-Sided Image, Stephen Wermiel
Writing Supreme Court Biography: A Single Lens View Of A Nine-Sided Image, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Touro Law Review
No abstract provided.
Graveyard Robbery In The Omnibus Budget Reconciliation Act Of 1993: A Modern Look At The Constitutionality Of Retroactive Taxes, 27 J. Marshall L. Rev. 775 (1994), Andrew G. Schultz
Graveyard Robbery In The Omnibus Budget Reconciliation Act Of 1993: A Modern Look At The Constitutionality Of Retroactive Taxes, 27 J. Marshall L. Rev. 775 (1994), Andrew G. Schultz
UIC Law Review
No abstract provided.
Two Social Movements, Thomas W. Merrill
Two Social Movements, Thomas W. Merrill
Faculty Scholarship
Two social movements in the last fifty years have had a profound impact on our understanding of law and the role of the courts in our system of government. One is the civil rights movement. The demand for greater racial and gender equality and other civil rights has changed the face of the law in countless ways. For example, it has called into question – or at least required a fundamental revision in – the traditional understanding that the courts should interpret the Constitution and laws in accordance with their original meaning. Decisions such as Brown v. Board of Education …
The Constitution Of Reasons, Robin West
The Constitution Of Reasons, Robin West
Georgetown Law Faculty Publications and Other Works
Cass Sunstein's book, The Partial Constitution, brings together a number of his constitutional law essays from the last ten years. During that time, Sunstein has argued, powerfully, for the unconstitutionality of regulatory constraints on access to abortion; for the constitutionality of and the need for regulation of violent pornography; for the constitutionality of limits on both campaign spending and congressional control over public broadcasting; for the deep consistency, conventional wisdom to the contrary notwithstanding, of the Court's repudiation of Lochner in 1937 with its 1974 decision in Roe v. Wade; for the view that we should accord far less deference …
Rethinking The Line Between Corporate Law And Corporate Bankruptcy, David A. Skeel Jr.
Rethinking The Line Between Corporate Law And Corporate Bankruptcy, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Initiative Enigmas, Richard Collins
Voice In Government: The People, Emily Calhoun