Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Constitutional law (4)
- Constitution (2)
- Constitutional history (2)
- Legal history (2)
- Administrative law (1)
-
- Adoption (1)
- Adoption Law (1)
- American History (1)
- Anticanonicity (1)
- Appeal (1)
- Assertatory oath (1)
- China (1)
- Civil liberties law (1)
- Columbia Law Review (1)
- Conscientious objection (1)
- Constitutional Law (1)
- Constitutional culture (1)
- Daedalus (1)
- Due process (1)
- Early America (1)
- Establishment Clause (1)
- Executive power (1)
- First Amendment (1)
- ICWA (1)
- Indian Child Welfare Act of 1978 (1)
- Intercountry adoptions (1)
- Islamic Law (1)
- Judicial review (1)
- Jurisprudence (1)
- LatCrit (1)
Articles 1 - 9 of 9
Full-Text Articles in Legal History
Constitutional Exaptation, Political Dysfunction, And The Recess Appointments Clause, Jay D. Wexler
Constitutional Exaptation, Political Dysfunction, And The Recess Appointments Clause, Jay D. Wexler
Faculty Scholarship
The so-called Recess Appointments Clause of the Constitution provides that: “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”1 As of only a few years ago, I considered this clause so minor and quirky that I included it in a book about ten of the Constitution’s “oddest” clauses, right alongside such clearly weird provisions as the Title of Nobility Clause and the Third Amendment.2 Though I recognized that the Recess Appointments Clause was probably the least odd …
Article 41 And The Right To Appeal, Benjamin L. Liebman
Article 41 And The Right To Appeal, Benjamin L. Liebman
Faculty Scholarship
Extensive discussion of the Chinese Constitution focuses on the ways in which the Constitution is under-enforced or not implemented. This essay takes a different approach, examining one clause that is arguably at times over-enforced, providing for constitutional authorization for challenging legal determinations outside the legal system. This essay’s focus is Article 41 of the 1982 Constitution, which protects the rights of citizens to file complaints (shensu 申诉) against illegal conduct of state actors. My goal in this essay is to examine the ways in which the concept of shensu is used to provide a basis for challenges to state action …
The Islamic Influence In (Pre-)Colonial And Early America: A Historico-Legal Snapshot, Nadia B. Ahmad
The Islamic Influence In (Pre-)Colonial And Early America: A Historico-Legal Snapshot, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
"So Help Me?": Religious Expression And Artifacts In The Oath Of Office And The Courtroom Oath, Frederick B. Jonassen
"So Help Me?": Religious Expression And Artifacts In The Oath Of Office And The Courtroom Oath, Frederick B. Jonassen
Faculty Scholarship
No abstract provided.
Adoption Law In The United States: A Pathfinder, Glen-Peter Ahlers Sr.
Adoption Law In The United States: A Pathfinder, Glen-Peter Ahlers Sr.
Faculty Scholarship
No abstract provided.
(Anti)Canonizing Courts, Jamal Greene
(Anti)Canonizing Courts, Jamal Greene
Faculty Scholarship
Within U.S. constitutional culture, courts stand curiously apart from the society in which they sit. Among the many purposes this process of alienation serves is to “neutralize” the cognitive dissonance produced by Americans’ current self-conception and the role our forebears’ social and political culture played in producing historic injustice. The legal culture establishes such dissonance in part by structuring American constitutional argument around anticanonical cases: most especially “Dred Scott v. Sandford,” “Plessy v. Ferguson,” and “Lochner v. New York.” The widely held view that these decisions were “wrong the day they were decided” emphasizes the role of independent courts in …
Saving Originalism’S Soul, Stephen E. Sachs
The National Security State: The End Of Separation Of Powers, Michael E. Tigar
The National Security State: The End Of Separation Of Powers, Michael E. Tigar
Faculty Scholarship
No abstract provided.
The Administrative Origins Of Modern Civil Liberties Law, Jeremy K. Kessler
The Administrative Origins Of Modern Civil Liberties Law, Jeremy K. Kessler
Faculty Scholarship
This Article offers a new explanation for the puzzling origin of modern civil liberties law. Legal scholars have long sought to explain how Progressive lawyers and intellectuals skeptical of individual rights and committed to a strong, activist state came to advocate for robust First Amendment protections after World War I. Most attempts to solve this puzzle focus on the executive branch's suppression of dissent during World War I and the Red Scare. Once Progressives realized that a powerful administrative state risked stifling debate and deliberation within civil society, the story goes, they turned to civil liberties law in order to …